NishmaBlog

Dear Bloggers
This is the fruit of a Debate on the Avodah list. Contemplate and enjoy!
Shavua Tov and Chodesh Tov
RRW

[Please excuse the formating!}
Ask yourself the following questions and contemplate their implications:
1. Based upon Torah Principles:
a. Do we want a subjective or objective ps’aq?
b. Avos: Ein Dan yechid ela Echad.
c. Does not the Halacha in Tur/SA 25 refelct the need for the possibility of a To’eh bidvar Mishnah?
d. Given circular approval of Posqim [i.e. since the poseiq says it it MUST be OK!] then how can we have a to’eh bidvar Mishnah? A poseiq is ALWAYS right because he combines sniffim to make himself correct regardless of Meqoros
e. The Torah and Maseches Horyos demands the possibility of a Sanhedrin that is mistaken. How can that EVER be - with Posqim whose sniffim and Heruistics automagically make them right?

2. From a s’vara point of view:
a. Do you prefer a Poseiq to subscribe to principles
OR
b. Do you prefer submitting to a poseiq who makes subjective decisions based upon his feelings w/o regard to objective criteria or cherished precedent?
c. Do you prefer a Poseiq who lords himself OVER the Halachah and goes where he feels his Predetermined heuristics bring him?
OR
d. Do you prefer a poseiq to say with the modesty of a Rema to say: “Well, my conclusion is really X but I defer to Y because it has been established or he is greater etc”
OR IOW:
e. Do we want a system of LAWS?
OR
f. A system of men? Certainly RMF welcomed people to dispute his conclusions. Why are “ketannim” - instead of “gedolim” opposed to this?

3. Re: Rackman and Agunos
a. See YD 98. What is the ONE CASE in SHAS and POSQIM that Meisi’ach Lefi Sumo is believed on a D’orraiso level?. [note, it sure ain’t issur v’heter!]
b. Given Hazal’s disregard to rules of Kosher eidus, does this set a precedent for disregarding OTHER principles in the same sugya?
c. Have I ever Personally endorsed R. E. Rackman’s P’sak?
d. HOW IS it specifically that RER”s shita is mor eradical than what is often found in Teshuvos nowadays?

4. Re: Algorithimics
a. In which post did I ever propose an algorithmic solution to p’sak/
b. Is this not a simple straw man to make me “wrong” or IOW accuse Wolpoe of subscriping Alogithimics then attack that position and totally ignore Wolpoe’s actually stated points?
c. If Algorithmics is off-limits please describe the techniques ascribed to:
i. Rif [yes the Rif followed VERY strict rules of p’sak]
ii. SA [BD of Rif/Rambam/Rosh]
iii. Rema [What’s accept by consensus in Asheknaz based upon a finited list of posqim]
iv. SMA [viz. see Choshen Mishpat 25, we always follow RIF except when Tsoafos Argues]
v. Kitzur SA [BD of Chayei Adam, SA harav and Derch hachai’m,]
d. Search or scan the Major Posqim – Tur, BY, SA, Rema, MB Ahs Etc,.
i. Do they frequently use terms as sniffim to build a case?
OR
ii. Do they use terms like Rov Posqim, Rov Acahronim , Maskanas Haposqim etc.[e.g. see Maggid Mishneh Rambam Hilchos Shabbas 5:1]

5. Re: eilu v’eilu
a. Since both BS and BH are Ielu V’eilu then can we apsken EITHER way
OR
b. Does it simpley man that both are valid Torah in a limud sense but p’saq is only ONE way
c. Can RE Racman therefore be a valid opinion EVEN if rejected lema’aseh or is ho objectivlye worse then Beis Shammai. And if so, do we have a bas Kol to Says so

6. Re: Acceptablity
a. IF posqim are right simply because they are popular than how is that ANY different than schectherian Cahtolic Israel?
b. And if Accepted Psaq is ALWAYS right how could the GRA ever oppose it? Or the Rav? Etc.
c. Does the majoprity of Posqim trump the majority of amcha?
OR
d. Vice versa
e. 

7. Re: Attacking certain O Teshuvos
a. Do you think that cricisizing O teshuvos that lack Obejctivity a DEFENSE of C teshbuvos
OR
b. Do you think that given that C teshuvos are Flawed, nevertheless some O teshuvos are equally flawed and so thy should ALSO be criticized.
OR
c. Do you think all C teshuovs are ipso facto flawed and all O TEshuvos are ipso facto wonderful! And that therefore we should attack a C teshuvo even if it calls for decorum in Shul and defend an O teshuva even if it leads to “krum “halachic priniciples, just because WHO says it?