Torah and Jewish Idea > Torah and Jewish Idea
Breakdown of the Halakhic System - Two Earth-Shattering Shiurim - Exclusive
judeanoncapta:
--- Quote from: Lubab on July 01, 2008, 04:14:57 AM ---
--- Quote from: judeanoncapta on July 01, 2008, 04:02:24 AM ---
--- Quote from: Lubab on July 01, 2008, 03:55:56 AM ---The Talmud itself prescribes this method for deciding the halacha. Generally the academy that is larger wins, or in some cases the academy that is more expert in the field. It depends on whether it's dinei mamonos or dinei nefashos whether it's deoraitta or derabannan.
These are the basic principles of paskening halacha. It's the ABCs, my friend. It's the stuff I learned in fourth grade gemarah class. If you don't know this stuff there isn't much room to discuss more complex matters.
--- End quote ---
Don't talk down to me. I'm speaking about the interpretations of that Talmudh. How do you decide whether Rashi or Rabbenu Tam's opinion is correct?
The difference is that Beth Shammai and Beth Hillel or Rabbi Meir and Rabbi Yose were arguing about what the Halakha is and Rashi and Rabbenu Tam are arguing as to what the Talmudh is saying. Therefore only one of them can be right. Get it?
--- End quote ---
Well, no. It's not true that only one of them can be "right". They can both be right and we will paskin according to the principles about how we paskin. There are rules about it.
Sorry to have talked down to you I lost my cool there, will edit.
--- End quote ---
I understand that when what two Rabbanim said is clear and it contradicts each other, they may both have good points and are right in some way even if we choose one as psak halakha. I know that.
What I am saying is when two Rabbis are arguing about what the Talmudh is saying, not their own opinion, but what the Talmudh is saying, they cannot be both be right.
judeanoncapta:
--- Quote from: Lubab on July 01, 2008, 04:09:39 AM ---The Torah scholarship in this generation is pretty weak but I wouldn't say the halachik system has "broken down" because a Psak by a legitimate Rov is given the stamp of approval by G-d when He said the Rabbis are the ones who must decide the halacha, not Me.
--- End quote ---
You said that you are a Rabbi. Therefore you are precisely the one to decide the halakha. If you feel unwilling or unworthy to do so, please stop calling yourself a Rabbi. A Rabbi gives psak Halakha to the people. If he can't, he should step down.
The Torah scholarship in this generation is pretty weak because the Halakhic system has broken down and because the search for the truth has been abandoned at the outset and then we go searching for some other way to make a decision.
And the scholarship is so weak because Rabbis are indocrinated in the idea that they can't possibly understand something in the Talmudh better than a Rishon or an older Acharon.
If you tell people over and over that they can't understand the Talmudh or come to their own conclusion on an Halakhic issue, SURPRISE!!!!!!!!!!!!!!!!! You get generations of Rabbis who don't understand the Talmudh and can't possibly come to their own conclusion on anything.
That's why the Torah scholarship is so weak. Listen to the second shiur especially the end part from 1:20:00 onwards.
yaaqov:
--- Quote from: Lubab on July 01, 2008, 04:09:39 AM ---
I think the way it works is in each generation the Rov makes the decision but they cannot overrule an earlier generations's decision unless their yeshiva is bigger. I believe that's the way it works. But there most definitely are rules about how to decide this stuff.
--- End quote ---
I believe the concept you are referring to is from TB Megillah, that a Beth Din may only overrule another beth din if the latter beth din is yoter b'hachmah uv'minyan.
It has nothing to do with how big a rav's yeshiva is.
yaaqov:
--- Quote from: Lubab on June 30, 2008, 06:49:42 PM ---
I said how you pasken halacha. You generally go by the Rov. Further, if it is a deoratta we go lechumra if it is a derabbanan we go lekulah.
--- End quote ---
No. This regarding an issue which is safeq, and you do not have someone to ask at that moment for clarification.
When rabbanim have the sources in front of them and delve into an issue and then rule on it, they are not ruling min hasafeq. They are clearing up the safeq.
q_q_:
safek means doubt. Let's translate the hebrew terms or expressions thrown in, so that jews that are not so familiar with hebrew, can follow the discussion.
Navigation
[0] Message Index
[#] Next page
[*] Previous page
Go to full version