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Appeal to authority

שו"תAppeal to authority
שאל לפני שנה 1

In column 63 and several other places, you repeat that you are referring to the claim, not the statement. And this is the way to clarify the truth, etc.
In the Gemara there are many disputes about what a particular Tanna said, or halakhic rulings based on one of the members of the group, such as "The law is as a rabbi in my prohibitions, and as Samuel in my laws" (Bekurot 44) and also the law is as a rabbi from his companions. And Rabbi Yossi from his companions. And Rabbi Akiva from his companions. (Eruvin 402). etc.
And so does the concept of "as a condition," which seems, at least in my opinion, that in order not to make it difficult for an Amora to rely on the "authority" of a Tanna that he disagrees with, the Gemara takes the trouble to find a Tanna that the Amora can base his words on, and only then does the content of the words be discussed.
I would be happy if you would address the above and clarify for me what I am learning.


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0 Answers
מיכי צוות ענה לפני שנה 1
When it comes to an argument, the argumenter is not important. When it comes to a tradition or a fact, there is and there is. The argument can be examined on its merits, facts are based on the trust you have in the person who testifies to them. Regarding the rules of halacha, that's a different matter altogether. Halacha was established to end the disputes and establish a bottom line. This is not just a statement about a person's character. Incidentally, even with regard to these determinations, despite the ruling, the later poskim and sages did not really adhere to them. They do not make generalizations even where it is stated that "except". Therefore, Maimonides allows himself to rule as I do on issues that are not part of the Ya'al Kagam (Do not gather, for I am not a servant, I am not a servant). Even in a legal system, the claimant is not important, only the claim, but if the court or the legislature has determined it, we do not argue. There is legal authority. I have written more than once about substantive and formal authority. There is formal authority in halakha, and against it there is no place for autonomy. But it is not right to attribute formal authority to institutions or individuals who do not have such authority. This is the value of autonomy.

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