In response to a question about whether someone has the right to formulate their own opinion which is different from the way the poskim rule, Micha asked:<br><br style><blockquote class="gmail_quote" style="margin-top:0px;margin-right:0px;margin-bottom:0px;margin-left:0.8ex;border-left-width:1px;border-left-color:rgb(204,204,204);border-left-style:solid;padding-left:1ex">
<span style>It's not my positions. It is those of every poseiq actually quoted on<br></span><span style>list. That's how halakhah is done, right? If you want to say there is no<br></span><span style>rishon giving such an issur, that's interesting theory. I wouldn't buy<br>
</span><span style>into it given that it assumes believing RZS knows how to read rishonim<br></span><span style>better than a large number of rashei yeshiva. But okay. But if you are<br></span><span style>making a claim about a pesaq, that no such issur actually exists, and<br>
</span><span style>others quote posqim who do give such a pesaq, don't you too need a bar<br></span><span style>pelugta, a poseiq who actually posits the shitah you're advocating?</span></blockquote><div><br></div>
<div>I suggested that that is not how Halacha works, or rather it is how halacha works but not for everyone:</div><blockquote class="gmail_quote" style="margin-top:0px;margin-right:0px;margin-bottom:0px;margin-left:0.8ex;border-left-width:1px;border-left-color:rgb(204,204,204);border-left-style:solid;padding-left:1ex">
<span style> You go to a posek since they have spent a tremendous amount more time going through the sevaros.</span></blockquote><div>Micha Responded:</div><blockquote class="gmail_quote" style="margin-top:0px;margin-right:0px;margin-bottom:0px;margin-left:0.8ex;border-left-width:1px;border-left-color:rgb(204,204,204);border-left-style:solid;padding-left:1ex">
<span style>And to get an answer freer from negios. But my point is that we<br></span><span style>question our unique sevaros when actual posqim tell us otherwise.</span></blockquote><div><span style>Yosef:</span></div><blockquote class="gmail_quote" style="margin-top:0px;margin-right:0px;margin-bottom:0px;margin-left:0.8ex;border-left-width:1px;border-left-color:rgb(204,204,204);border-left-style:solid;padding-left:1ex">
<span style>Question, yes. Say differently just because they say it, I don't think so. We attribute authority to the rishonim because we assume they faithfully spent many many years deciphering the thoughts and ideas of the tanaaim, amoraim, savoraim and geonim. And they have authority because they were amongst the last generations before being truly dispersed throughout the nations (though we were never too dispersed, right?). The sevaros of actual poskim are discussed and questioned just as much as anything else. I do think that the submission to the poskim is a positive thing, however, it often limits the people who could become the next generation of poskim. I found that the feeling of being bound to the thoughts of others hinders the analysis process.</span></blockquote>
<div> </div><div>Then, Micha points to Lo sosiru mikol asher yagidu lekha, which leads to the question of the day.</div><div><br></div><div><b><u>Question:</u></b></div><div>1) Where did the Rabbonim that the passuk is referring to get the ability to "Say differently" than other poskim. At some point in their life they weren't a Bar Plugta? Did they wait, or did they feel comfortable with disagreeing even at a younger age? </div>
<div>2) Is there a responsibility or obligation to only consider the "readings of the texts" of our greatest sages? <br></div><div>3) Is it possible that someone who is not a Rosh Yeshiva could have a more accurate reading of a particular text, perhaps they spent more time analyzing that particular text (though clearly not others, otherwise they would be a bar plugta), In other words, it is possible to be a bar plugta bidavar ached.</div>
<div> </div><div><div><div><br></div><div><br></div><div><div class="im" style>On Fri, Feb 10, 2012 at 01:37:59AM -0500, Zev Sero wrote:<br>> On 9/02/2012 7:05 PM, Micha Berger wrote:<br>>> It's not my positions. It is those of every poseiq actually quoted on<br>
>> list. That's how halakhah is done, right?<br><br>> No, I don't believe it is.<br><br></div><span style>My "that" was vague. Are you denying that halakhah is a matter of going</span><br style>
<span style>to a poseiq rather than going with whichever sevara you personally find</span><br style><span style>compelling, no matter whether anyone agrees?</span><br style>Yosef Skolnick<br>516-690-SKOL<div><a href="https://sites.google.com/site/yskolnick/" target="_blank">https://sites.google.com/site/yskolnick/</a></div>
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<br><br><div class="gmail_quote">---------- Forwarded message ----------<br>From: <b class="gmail_sendername">Micha Berger</b> <span dir="ltr"><<a href="mailto:micha@aishdas.org">micha@aishdas.org</a>></span><br>Date: Fri, Feb 10, 2012 at 8:40 AM<br>
Subject: Re: [Avodah] A Mamzer Marrying a Shifchah<br>To: Yosef Skolnick <<a href="mailto:yskolnick@gmail.com">yskolnick@gmail.com</a>><br><br><br>On Fri, Feb 10, 2012 at 08:24:28AM -0500, Yosef Skolnick wrote:<br>
: Question, yes. Say differently just because they say it, I don't think so.<br>
<br>
Lo sosiru mikol asher yagidu lekha...<br>
<br>
I think this needs to be a new thread on Avodah. Want to get the ball<br>
started?<br><br></div></div></div></div>