How Does a Posek Come up with His Pesak?: Difference between revisions
From Halachipedia
How Does a Posek Come up with His Pesak? (view source)
Revision as of 03:22, 12 August 2020
, 12 August 2020→Nuances in Halacha
| Line 34: | Line 34: | ||
#Kesot (Introduction) writes that Torah study and its analysis in an enthralling actvity. He cites the Ran (Drashot 11) who says that even if in theory the rabbis came to a conclusion that is objectively incorrect, those who follow it will recieve the same reward as if the rabbis came to the correct conclusion. Even though and its rewards are objective, the mitzvah to follow the rabbis is of such importance it grants life to its adherents. The Kesot notes that this is the interpretation of the words "חיי עולם נטע בתוכנו" - "a perpetual life you have given us" to refer to Torah study that can generate life. With halachic analysis in the proper method and mindset the results are spiritually significant to give life in the world to come and reward to its observers. He ends that a sign that a person is learning correctly is that he is finding that his intuition is in harmony with the rishonim. | #Kesot (Introduction) writes that Torah study and its analysis in an enthralling actvity. He cites the Ran (Drashot 11) who says that even if in theory the rabbis came to a conclusion that is objectively incorrect, those who follow it will recieve the same reward as if the rabbis came to the correct conclusion. Even though and its rewards are objective, the mitzvah to follow the rabbis is of such importance it grants life to its adherents. The Kesot notes that this is the interpretation of the words "חיי עולם נטע בתוכנו" - "a perpetual life you have given us" to refer to Torah study that can generate life. With halachic analysis in the proper method and mindset the results are spiritually significant to give life in the world to come and reward to its observers. He ends that a sign that a person is learning correctly is that he is finding that his intuition is in harmony with the rishonim. | ||
#Chazon Ish (Pear Hadur v. 4 p. 186) once responded to a complaint that his idea wasn't found in Shulchan Aruch that if someone correctly has a nuance in halacha it isn't an issue that it isn't found in the Shulchan Aruch. If that was our attitude we'd never learn anything. | #Chazon Ish (Pear Hadur v. 4 p. 186) once responded to a complaint that his idea wasn't found in Shulchan Aruch that if someone correctly has a nuance in halacha it isn't an issue that it isn't found in the Shulchan Aruch. If that was our attitude we'd never learn anything. | ||
# Chut Meshulash (responsa siman 9) of Rav Chaim Volozhin quotes the Gra as saying that a person should be careful not to favor the earlier poskim and instead he should rule in accordance with whoever seems to right. [https://www.yutorah.org/sidebar/lecture.cfm/957270/rabbi-hershel-schachter/how-to-pasken-shailos/ Rav Hershel Schachter ("How to Pasken Shailos" min 28)] said that the Gra would use this rule even to rule against Shulchan Aruch but we can't apply this today since we're not as great experts as the Gra was. | |||
===Sephardic Style=== | ===Sephardic Style=== | ||
#Yabia Omer (v. 1 Introduction) writes that it is better to rely upon the rishonim than deducing our own conclusions from our analysis of the gemara. What could we know that they didn't? We shouldn't be so arrogant to disregard their opinion unless there is a clear proof and all the great contemporary rabbis agree, which is exceedingly unlikely. | #Yabia Omer (v. 1 Introduction) writes that it is better to rely upon the rishonim than deducing our own conclusions from our analysis of the gemara. What could we know that they didn't? We shouldn't be so arrogant to disregard their opinion unless there is a clear proof and all the great contemporary rabbis agree, which is exceedingly unlikely. | ||
