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Halacha ruling

שו”תCategory: HalachaHalacha ruling
asked 7 years ago

Hello Rabbi, I was wondering how much the ruling is based purely on halakhic considerations, namely an objective reference to the sources and the worldview of the posak. For example, there are certain issues that it is clear to me that the Mishnah Halachot will rule in a certain way. What does the Rabbi say?

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מיכי Staff answered 7 years ago

The question is not well defined. It is clear that there is weight to the worldviews and basic assumptions and starting points of the posk. And are there those who disagree on this? Otherwise, how do disputes arise between poskim? But I do not see how your question can be answered and evaluated quantitatively (“How well is the ruling based…”).
By the way, this is completely legitimate. Every person has their own assumptions and their interpretation is influenced by them. “The Torah was not given to the ministering angels” is not just an afterthought. This is the Torah by its very definition, when the truth was thrown to the ground.

חפצא replied 7 years ago

It is true that there are foundational assumptions, but the expectation is that the posak will approach the text objectively (if that is possible). And if we say that this is indeed not possible, it feels a bit like the whole thing is a joke, come tell me how you want me to rule for you, and I will refer you to a posak with the correct worldview and that is how he will rule…

mikyab123 replied 7 years ago

Nothing is a joke. You don't do what you want, but what you think is right. Choosing a judge according to the desired answer is “from the voice of this and that – evil”.

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