<div class="gmail_quote">On Sun, Jun 20, 2010 at 4:34 PM, Joshua Meisner <span dir="ltr"><<a href="mailto:jmeisner@gmail.com">jmeisner@gmail.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin: 0pt 0pt 0pt 0.8ex; border-left: 1px solid rgb(204, 204, 204); padding-left: 1ex;">
<div class="im"><div class="gmail_quote">On Sun, Jun 20, 2010 at 9:03 AM, Rich, Joel <span dir="ltr"><<a href="mailto:JRich@sibson.com" target="_blank">JRich@sibson.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin: 0pt 0pt 0pt 0.8ex; border-left: 1px solid rgb(204, 204, 204); padding-left: 1ex;">
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<div>Why did the gemara come up with klalei horaah (rules for psak) rather than deciding each disagreement on its own merits?(e.g. was Rav always right in cases of issurin?)</div>
<div>KT<br>
Joel Rich</div>
<div> <br></div></font></div></blockquote></div><br></div>I assumed that the klalei hora'ah were algorithms *based on* having decided each disagreement on its own merits. Once this process was completed, the gemara states its conclusions that, e.g., Rav wins every machlokes in issurin over Shmuel, and that we only follow Abbayei over Rava in 6 cases. After all, even the exceptionless klalei hapsak don't always pan out la-halacha.<br>
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<br></font><br></blockquote></div><br>I was shown that the Rosh (BK 4:4) says the opposite of what I suggested, namely, that the Chachmei HaGemara paskened like Shmuel b'dinei and like Rav b'issurei because they recognized that these areas were each their fields of expertise, in that they spent more time involved with them and hence were more able to be m'dakdek and yored l'omek hasugya. <br>
<br>The implication would seem to be that the confidence that the Chachmei HaGemara had in Rav b'issurei/Shmuel b'dinei was such that not only did they reject the other in their favor, but that they did not even trust their own sevara in defense of said other - although the Tosefos quoted by RJR in a prior response may indicate that they were willing to go against their klal in extreme circumstances.<br>
<br>Joshua Meisner<br>