<div dir="ltr"><div class="gmail_default" style="font-family:tahoma,sans-serif;font-size:large"><span id="gmail-docs-internal-guid-ad1cccc0-7fff-d0d4-95bf-8590d9f2ae1c"><p dir="ltr" style="line-height:1.32"><span style="font-size:11pt;font-family:Arial;color:rgb(0,0,0);font-variant-numeric:normal;font-variant-east-asian:normal;vertical-align:baseline;white-space:pre-wrap">In response to Rb Chana Luntz posted – </span><span style="font-size:11pt;font-family:Arial;font-variant-numeric:normal;font-variant-east-asian:normal;vertical-align:baseline;white-space:pre-wrap">1 Jan 2023 </span></p><p dir="ltr" style="line-height:1.32"><span style="font-size:11pt;font-family:Arial;font-variant-numeric:normal;font-variant-east-asian:normal;vertical-align:baseline;white-space:pre-wrap">To summarise << The teacher was angry when he eventually discovered the question posed to him by one of his students was actually an argument made by the teachers own Rebbi, which the student failed to disclose was the teachers Rebbis opinion. Thus the teachers ruling was in conflict with his Rebbis ruling.>></span></p><p dir="ltr" style="line-height:1.32"><span style="font-size:11pt;font-family:Arial;font-variant-numeric:normal;font-variant-east-asian:normal;vertical-align:baseline;white-space:pre-wrap">I asked why was he angry? - he gave his opinion as he understood it. Had he ruled as per his Rebbi would that not be a violation of the proper method to Pasken?</span></p><p dir="ltr" style="line-height:1.32"><span style="font-size:11pt;font-family:Arial;font-variant-numeric:normal;font-variant-east-asian:normal;vertical-align:baseline;white-space:pre-wrap">Rb Luntz said at the conclusion of her comprehensive argument [I have tried to accurately summarise and beg forgiveness if I have misrepresented in any way Rb Luntzs argument] – It is simply appropriate that a Talmid humble himself to his Rav and accept that he doesn't always get things right, no matter how strongly he understands he is right, and that when push comes to shove, his Rav's ruling prevails. </span></p><p dir="ltr" style="line-height:1.32"><span style="font-size:11pt;font-family:Arial;font-variant-numeric:normal;font-variant-east-asian:normal;vertical-align:baseline;white-space:pre-wrap">If I may – This is precisely what I suspect is untrue – the Talmid IS NOT PERMITTED to agree with his Rebbi when he has Qs that remain unanswered – this is Reb Chaim Voloshiner on Pirkey Avos [Ch1] RuAch Chayim on the Mishnah – A student ought to be covered in the dust of his Rebbis feet. He explains that far from meaning a student must submit themselves to their Rebbis superiority it means they MUST RAISE THE DUST i.e. engage in battle with them </span><span style="font-size:11pt;font-family:Arial;font-variant-numeric:normal;font-variant-east-asian:normal;vertical-align:baseline;white-space:pre-wrap"><br></span><span style="font-size:11pt;font-family:Arial;font-variant-numeric:normal;font-variant-east-asian:normal;vertical-align:baseline;white-space:pre-wrap">and he adds IT IS PROHIBITED – ASSUR – to accept their opinion just because it is their opinion. </span></p><p dir="ltr" style="line-height:1.32"><span style="font-size:11pt;font-family:Arial;font-variant-numeric:normal;font-variant-east-asian:normal;vertical-align:baseline;white-space:pre-wrap">R Micha disagrees with my perspective on RCV – but I do not understand his objections, would you please R Micha, try to again explain your understanding.</span></p><p dir="ltr" style="line-height:1.32"><span style="font-size:11pt;font-family:Arial;font-variant-numeric:normal;font-variant-east-asian:normal;vertical-align:baseline;white-space:pre-wrap">Rb Luntz predicated her position on the ShA YD 242:31, the Rema who rules that one may ask for a second opinion as long as the Posek is informed of the first ruling. The Shach (58) says that if this is a case of Shikul HaDaAs he may debate with the first Posek, and if he persuades him, well and good, and the ruling can be retracted, but if not, then he needs to say to the questioner - this is what I hold, but what can I do, I am unable to reverse the original ruling. [BTW I wonder if this means that the Questioner is now saddled with the responsibility of the decision, or that the decision of the first Posek MUST be followed]
It seems to me that this Rama actually supports my position - every Posek MUST rule as he sees fit. It is only when a ruling has already been issued that unless there is clear proof that it is incorrect, then that ruling cannot be dismissed by another Posek. This second Posek, when asked by someone else must rule as he understands not as the other Posek understands.</span></p></span><br class="gmail-Apple-interchange-newline"></div><div><div dir="ltr" class="gmail_signature" data-smartmail="gmail_signature"><div dir="ltr"><div><br>Best,<br><br>Meir G. Rabi</div><div><br></div><div>0423 207 837</div><div><font size="1">+61 423 207 837</font></div></div></div></div></div>