How Does a Posek Come up with His Pesak?: Difference between revisions
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How Does a Posek Come up with His Pesak? (view source)
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#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. | ||
===Disagreement with Rishonim=== | |||
# 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. | # 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. | ||
# Rabbi Aharon Feldman (Eye of the Storm p. 4) wrote in an attack on Feminist Halacha that "It is a fundamental principle–although often unknown or ignored–in determining Jewish law that halachah is determined by the cumulative decisions of generations of commentaries and decisors. Thus, an opinion of the Rishonim, when codified by the major later authorities, is inviolable. [https://jewishaction.com/books/reviews/hands_across_the_ocean_a_review_of_rabbi_aharon_feldmans_the_eye_of_th/ Rav Aharon Lichtenstein] in his review of Rabbi Felman's book (Jewish Action Spring 2010) wrote "Dominant? Certainly. But flatly and categorically definitive? A question to be asked. I vividly recall hearing the summary of mori verabbi, Rabbi Aharon Soloveitchik, zt”l, of this issue’s parallel controversy between the Ba’al Hama’oer and the Rabad, as to whether Rishonim could disagree with Geonim: “If one has broad shoulders, he can contravene Rishonim. The Sha’agas Aryeh disagreed with Rishonim in many places.” Of course, the prerogative of challenge, if it exists, is not fully or routinely available to all, and is reserved for subsequent halachic leadership. In practice, it is therefore of miniscule application..." | |||
===Intellectual Honesty=== | |||
# [https://jewishaction.com/religion/halachic_decision_making_in_first_rank_posekim/ Rabbi Hillel Goldberg (Jewish Action Winter 2011)] regarding the ensuing letters between Rabbi Aharon Lichtenstein, Rabbi Michael Broyde, and Rabbi Yosef Weiner he writes "The stakes here are broad: not only the fundamental method of Rav Moshe Feinstein, but of other first-rank posekim, too. The issue is the definition of intellectual honesty within halalchic decision-making... the correct interpretation of even one single word in a sophisticated rabbinic responsum can make a critical difference." Rav Moshe Feinstein's statement in Igrot Moshe YD 1:101 is translated by Broyde as “But in cases of great need... we are certainly obligated to rule [leniently], even if we merely deem it plausible to be lenient [my emphasis], and it is forbidden for us to be among the humble....” However, Rabbi Weiner with the additions of Rabbi Goldberg more precisely translates it as "But in cases of great need... we are certainly obligated to rule [leniently], even if the full force of my polymathic halachic knowledge yields a lenient ruling here because it is compelled by the sources..." | |||
===Sephardic Style=== | ===Sephardic Style=== | ||
