<div dir="ltr"><p class=""><span style="font-size:12pt;line-height:115%;font-family:Arial,sans-serif"><font color="#000000">I asked a simple question: Does the Maharal [Nesivos Olam Nesiv HaTorah, ench Ch 15] say that
CORRECT decisions are not Torah [and destroy the world] when there is no Talmud
behind them?</font></span></p>
<p class=""><span style="font-size:12pt;line-height:115%;font-family:Arial,sans-serif"><font color="#000000">As best I can penetrate R Micha’s response, he seems to
be answering that the MaHaRal is not talking about Paskening Halacha LeMaAseh
but is talking about TTorah. R Micha writes, “This isn't a statement about
halakhah and how one should decide to do things lemaaseh. It's saying that
someone who doesn't engage in talmud isn't performing talmud Torah.”</font></span></p>
<p class=""><span style="font-size:12pt;line-height:115%;font-family:Arial,sans-serif"><font color="#000000">I must therefore assume that R Micha’s answer to my
question is in the negative. According to R Micha, Correct decisions are Torah
even when there is no Talmud behind them. However, this is the position of
Rashi with whom the MaHaRal makes it abundantly clear that he disagrees with, in the
strongest possible terms. </font></span></p>
<p class=""><span style="font-size:12pt;line-height:115%;font-family:Arial,sans-serif"><font color="#000000"> </font></span></p>
<p class=""><span style="font-size:12pt;line-height:115%;font-family:Arial,sans-serif"><font color="#000000">I have not read but the excerpts of RMLBroyde as quoted
by R Micha. </font></span></p>
<p class=""><span style="font-size:12pt;line-height:115%;font-family:Arial,sans-serif"><font color="#000000">“When the Bet Yosef ordered [compiled?] the Shulhan Arukh
his intention was that one would first learn the essential laws and their
sources from the Tur and the Bet Yosef, {but since these bring} numerous
differing opinions for each law, he {compiled} the Shulhan Arukh to make known
the ruling in practice for each law. “</font></span></p>
<p class=""><span style="font-size:12pt;line-height:115%;font-family:Arial,sans-serif"><font color="#000000">“It was not his intention, however, that we learn it
alone, since the law is not able to sit well with a person [what does this
mean, “the law does not sit well”?; Does it mean that one does not understand
it?; that one may come to make erroneous rulings?; that one does not like it?]
unless he understands the reasoning behind it.</font></span></p>
<p class=""><span style="font-size:12pt;line-height:115%;font-family:Arial,sans-serif"><font color="#000000">From these excerpts it appears that Rabbi
Broyde disagrees with the MaHaRal who maintains that the Tur and the RaMBaM
would not have compiled their works had they known it would lead to people
abandoning the learning of the Talmud. According to Rabbi Broyde learning the
Tur and BY would be enough. It is only the Shulchan Aruch that is too brief and
cryptic.</font></span></p>
<p class=""><span style="font-size:12pt;line-height:115%;font-family:Arial,sans-serif"><font color="#000000">In that case what Rabbi Broyde says has no
relevance to our discussion about the MaHaRal.</font></span></p>
<p class=""><font color="#000000"><span style="font-size:12pt;line-height:115%;font-family:Arial,sans-serif">I do not know what R Micha means, I don’t know what
he has added, when he re-phrases the MaHaRal to define the MeVaLey Olam – the destroyers
of the world, those who Pasken from their Mishnah, as, “</span><span style="font-size:12pt;line-height:115%;font-family:Arial,sans-serif">so
out of touch with how Halakhah works, they only study case law”</span></font></p>
<p class=""><span style="font-size:12pt;line-height:115%;font-family:Arial,sans-serif"><font color="#000000">R Micha urges that we notice that MaHaRal’s comments are
not directed to the masses. I don’t see this at all. Please tell us where this is
alluded to.</font></span></p>
<p class=""><span style="font-size:12pt;line-height:115%;font-family:Arial,sans-serif"><font color="#000000">It also sounds as though the desperate plea and despondency
of the MaHaRal is misunderstood. MaHaRal wails that compared to what we are
doing to day, HaLeVay we would be learning the Mishnah. That way at least we
would be at the threshold of the Talmud and there might be a small chance that
we may progress to the Talmud. But as it stands today [says MaHaRal, of his
times] it is a disaster of much greater proportions because by consulting the
Tur and the RaMBaM and the ShA, we have moved even further from ever getting to
learn Talmud.</font></span></p>
<p class=""><span style="font-size:12pt;line-height:115%;font-family:Arial,sans-serif"><font color="#000000">The MaHaRal certainly says nothing like, “WRT to pesaq,
rather than neglect of talmud Torah, case law would be sufficient because it's
the reishis letalmud vehaschalah eilav.” [BTW, that sentence does not make any sense to me. What is the word -RATHER- doing in that sentence? Do Australian brains and language operate on a different frequency or wavelength?] Please correct me, direct me to the
words of the MaHaRal that say anything remotely like that.</font></span></p>
<p class=""><span style="font-size:12pt;line-height:115%;font-family:Arial,sans-serif"><font color="#000000">RaMBaM in his intro suggests that his Mishneh Torah be
used as the text for TSBP; how does the MaHaRal in that case suggest that
RaMBaM would have preferred not to publish his Sefer had he known that it would
be used to avoid learning Talmud? That’s not a problem. Just keep in mind RaMBaMs
guidelines in Hilchos TT for how much time one must dedicate to TT. And he is
not providing guidelines for Poskim but for the entire Jewish People.</font></span></p><div><font color="#000000"><br>Best,<br><br>Meir G. Rabi</font></div>
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