«Do you really believe that R G'dalya reversed a BAVLI?!»
R Sh'muly:
«I'm sure R G'dalya has a valid point, but the upshot seems pashut to fly in the face of Shas. The only fair way to judge this would be to read R G'dlya's writings w/o his name and ask third parties to render an opinion based upon the content of the writing and not of the author's prominence.»
R Binny:
«R G'dalyah does, b'rov gadluso, claim to understand the Gemara, you claim to understand it better and therefore conclude that he reversed the Bavli?!»
R Sh'muly:
«It appears to ME that he reversed the Bavli because AFAIK there is no precedent in posqim to allow for this hiddush. But, I'm not claiming to be a bigger gadol! I'm just calling it as it I see it!. For a more objective read, use the method above. I fail to see why one should accept every ruling w/o checking it out to see if it holds water or not first!»
R Binny:
«And, of course, you know as well as I do that we do not pasken on the basis of Kabbalah.»
R Sh'muly:
«Well this seems a red herring! Why?
1st
I was not arguing purely on the basis of kabbalah
2nd
The Kabbalah simply buttresses the ideal of not delaying the burial which is after all the point of Shas, too! So when overturning Shas here, one is in addition potentially causing the neshamah
Addi tonal suffering by delaying a swift, prompt burial. That just seems obvious and consistent with Shas' stance.»
RB:
«And I imagine you know that the Gemara itself limits burial on Yom Tov where there are countervailing issues»
RS:
«Understood. But that was bishas persecution where Jews might be coerced to work on YT if the hostile non-Jews saw Jews burying on YT. At any rate, posqim don't seem to make this operative and it is imho a stretch to invoke it here. Using dormant Talmudic principles to alter normative law is a tremendous slippery slope. Better off LFAD if R. G'dalyah had made a hora'as sho'oh that burial on YT sheini should be suspended due to potential Hillul Shabbos issues, than being m'falpeil a novel read INTO Shas itself.
I think it's more "yosher" to do it that way, and would not trigger any "slippery slope" precedents.»
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RRW:
Of course the unarticulated issue is:
"Are g'dolim to be deemed infallible?". If yes, then we must set aside our minds and wills and simply defer to the R G'dalyas and their reads of sources, etc.
OTOH if G'dolim are subject to the same rules and texts that other rabbis are subject to, then they are fair game for upshlugging.
It would seem al pi mussar NOT to make g'dolim or Roshei Yeshiva above the system but subject to it. After all even Aharon made Moshe subject to Torah in Parshas Sh'mini.
OTOH a gadol MAY make a g'zeira as a syag - which I believe is RS's point.
So R Sh'muly seems to protest and suggest
Protest: Blindly following a Gadol's read or decision w/o considering the normative read
Suggest: Let G'dolim make temporary s'yaggim as needed to protect Halachah w/o
resorting to dochaq reads into classical texts.
KT
RRW
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