Halacha rulings in our generation
Hello,
Today there are endless divisions in Halacha between rabbis and there are some things that I don't understand:
1) From what I understand, the apparent disputes arose because the Talmud has many cases that do not say what is legally ruled, so I would be happy to ask why they simply did not write what is legally ruled at the end of each case, and then there would be no problems with the ruling, and if I did not understand correctly, I would be happy if you could explain it to me.
2) Today, most rabbis say "let a rabbi do it for you" or follow what your father/mother practices, so there are some problems with this. In fact, it creates the same problem of Hillel and Shammai, in which the halakha is essentially divided into different forms and different opinions and disputes and does not become something uniform for everyone. So what do we actually do today? And let's say my father/mother does not follow a certain rabbi, what do I do?
3) When they say that something is "determined according to the law," what does it mean? If in the Talmud it remains a matter of dispute, how do you say that it is according to the law (for example, mitzvot require intention. In the Gemara, there is a dispute between Rabbi Zira and Rava, and there are no rulings there, but the Sha'a says, "mitzvot require intention, and so according to the law")?
thanks.
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- See column 482. In principle, the purpose of the Talmud is not to instruct us in halakha, but to determine the form of discourse and discussion and their framework. Within it, there is room for different opinions, and no one is upset about it. On the contrary, it is important that people act as they understand and not necessarily in a uniform manner, except in cases where uniformity is required, because otherwise problems arise.
- In the previous section, I explained that there is no problem with having different methods. What is common is the framework, not the lower generations. If your parents do not have a rabbi, choose one. Even if they have a rabbi, you are called to choose for yourself. Of course, it is worth studying in order to reach a state where you will be the rabbi who will fulfill your fast and will not need a rabbi (except perhaps for consultations).
- It depends on who you ask (speaking of different methods in halacha. There are different methods in this too). It is common to think that the well-known poskim have a binding status, and when they say that something is ruled by halacha, they mean the Rambam and the Shulchan Arbiter. In my personal opinion, they do not have a binding status, and in fact, in the period after the Talmud, it is impossible to say that something is ruled by halacha and is binding. There are concepts like "sugayin da'lama," which give status to what is customary to rule. But here is not the place to go into more detail about this.
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