Tuesday 24 August 2010

Towards a More Objective Method of P'saq - 1

Originally published 8/24/10, 12:01 pm.
Background:
There has been an ongoing debate as to whether the Aruch Hashulchan or the Mishnah B'rurah is the "superior" Poseiq

Tangential to this debate I wish to make a case for a method of P'saq that is more objective and less narrow than, for example, simply and slavishly following a single dei'ah every time.

First can we work towards a more objective methodology of arrive at p'saq?
Can we view Halachah in a more well-rounded fashion instead of being focused upon a narrow set of parameters?
Can we add diversity without sacrificing objectivity?

One of the first pos'qim to attempt an "algorithmic" approach to p'saq was the Beth Yosef. He proposed a hypothetical Beth Din of Rif-Rambam-Rosh, and even a secondary BD is listed
The BY does not follow his BD slavishly, nevertheless he did attempt to remove his ego from the process.

From the numerous exceptions we can also see that a strict formulaic or algorithmic method is usually not possible, and probably not even desirable and I have an interpretation of how R Y Karo used his own method.

Echoing the BY-SA's BD, the Kitzur SA brought it "up-to-date" by reputedly using:
• Chayei Adam
• SA Harav
• Derech HAchayyim

[AIUI This is in a iggeres he wrote later on.] The immediate popularity of KSA seems to bode well for this technique

A quite knowledgeable Chaveir of mine wishes to move this forward again by using a newer BD composed of

• Mishnah Brurah
• Aruch haShulchan
• Kaf haChayyim

The questions remaining:
Can we bring it forward yet again?
How do we implement objectivity - without becoming slavishly robotic to a fixed algorithm?

Stay tuned for part two for some suggestions.

In the meantime, please contemplate how YOU view this issue?
Is Objective P'saq desirable?
Should Posqim subscribe to higher authority than to their own reasoning with sources?

Does anyone have other models in mind?

Shalom
RRW

1 comment:

Bhanu Tiwari said...

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