«However, I believe the fundamental difference lies in the popular (either from Yeshivot or Rosh Yeshivot) choice of texts to canonize
[Thus] whenever there is a choice ie Bavli vs Yerushalmi, Levush or Tur vs SA, Aruch Hashulchan vs MB -the choice is to go with the more ambiguous text.»
Continuing via Paraphrase:
« [Perhaps this] will afford more latitude in future pronouncements or afford more plasticity or wiggle room.»
My chaveir's take was slightly different than mine as I prefer to view this to simply mean that Rabbis do not wish to "paint themselves into proverbial corners." Thus, tight, precise, parameters may rob them of the latitude to handle future contingencies.
My chaveir continues
«The Yerushalmi states that "learning" must be practical (Halacha) rather than academic (Drush)....
[This is] Radically different than Bavli which advocates Academic Learning.»
I don't see Bavli as purely academic - just more theoretical. Meaning parameters developed in a theoretical context can have applications in real Halachah
Illustration:
Given: Hazal more-or-less nullified [no-oped] eer hanidachas. Yet the parameters of eer hanidachas - something that perhaps never occurred - teaches us lessons about residents versus visitors! This is clear from Bava Batra 8 - the daf I gave on the previous Shabbat Ki Teitze. The Bavli distinguishes between the [theoretical] treatment of those in the city for less than 30 days and those that were there 30 or more. That distinction from the realm of theory has real-world applications elsewhere.
Drosh v'qabeil sechar may yield real tangible benefit in a different and real-life context. Just as theoretical physics may yield practical engineering when properly applied.
Summary:
•A) Practical and theoretical "sugyot" may not always be on the same wavelength - yet at times the theoretical does impact or influence the practical
•B) Yerushalmi and Bavli may have differing approaches to Talmud Torah
•C) Posqim may desire or even NEED flexibility and therefore are reluctant at times to take a highly specific stance
Gmar Tov
RRW
1 comment:
Of interest may also be how this issue impacts, or is impacted by, the modern trend towards more detailed codes that present clearer, rather than more ambiguous, direction in regard to Halachic practice. Of course, this issue is tied to the whole historical development of codes and the consideration by authors for whom they are writing. One can see such distinction between the Shmirat Shabbat K'Halacha and its English translation. Even if clearly written for the layman, it will be interesting to see the effect of such works over time.
Rabbi Ben Hecht
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