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Resolving a doubt

שו”תCategory: HalachaResolving a doubt
asked 8 years ago

Peace be upon you

In the past, I heard you argue that resolving a doubt is not a decision. Therefore, a rabbi who is satisfied cannot issue a caspicio order against someone who decides.
These words are said towards a rabbi who is satisfied with a particular issue (such as regarding the place of assistance for the ascent to the Temple Mount) and seeks to impose his opinion against another rabbi for whom there is no doubt and seeks to decide.

Beyond the question of the authority of a ruling in our time, do you have any evidence that a doubtful ruling is not a ruling? (Apart from the simple logic of it)


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מיכי Staff answered 8 years ago
I don’t remember saying anything like that. And thinking about it now, I don’t agree with it either, at least not overwhelmingly. There is a type of doubt in which I have no position on the question in question, and there is another type of doubt in which I have a dubious position. The line is thin, but it exists.

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ב' replied 8 years ago

So perhaps it is possible to attack this from a different perspective:
In my understanding, nowadays, the rulings of the sages do not have the authority of a law that cannot be deviated from, but rather by virtue of their wisdom and expertise (which, since they are more knowledgeable than me, are more inclined to the truth). (Although, according to education, it is possible to understand that following the sages by virtue of their wisdom is a law that cannot be deviated from the law). Thus, Rashba wrote that the first were more knowledgeable and therefore should not be disputed.
However, a person is first required to clarify the law for himself, such as which of the sages should decide, and only when he does not know where he is inclined, according to Maimonides, he doubts the law, etc. (Mamariam 1)
And it turns out that one follows those who are knowledgeable in the same matter, and one should not set rules for following one rabbi permanently.
So, when there is one rabbi who is satisfied, and there is one rabbi who is certain of the law and is not satisfied – Isn't it better if I go for the sure thing?
What do you think?

מיכי Staff replied 8 years ago

If you are clarifying the issue, you must follow your own conclusion (provided that you are a bar-i-hiq, i.e., skilled in halakhic thinking). If you do not have a position, follow the laws of spikot. And if you have a distinguished rabbi, follow him, in spikot or vadao.
See my article here:
https://mikyab.net/%D7%9B%D7%AA%D7%91%D7%99%D7%9D/%D7%9E%D7%90%D7%9E%D7%A8%D7%99%D7%9D/%D7%90%D7%95%D7%98%D7%95%D7%A0%D7%95%D7%9E%D7%99%D7%94-%D7%95%D7%A1%D7%9E%D7%9B%D7%95%D7%AA-%D7%91%D7%A4%D7%A1%D7%99%D7%A7%D7%AA-%D7%94%D7%9C%D7%9B%D7%94/

ב' replied 8 years ago

I read your words

The point behind the whole discussion is authority. And since there is no authority except for the Great Rabbi (or the accepted rabbis like the Talmud), the authority of the first and especially the last sages is in their wisdom and not in their authority. And in any case, it follows from this that a person has a responsibility to learn and decide between the rabbis, and only if he does not know where the law leans should he decide according to the following rules.
The Rema ruled according to the Rabba, and not according to the Rambam, that in the event that you do not know where the law leans, you must follow the greater sage whose name is known (and not according to the rules of spikot as you wrote). But the question is how do you know who is a greater sage – on this issue?

I am not clear about what you wrote about a distinguished rabbi – what is the basis for this?
If there is a judge who does not know how to decide but is content, and his friend decides, what is the advantage of the wisdom of the former?

In any case, it seems to me that when it comes to the authority to decide (as in the Sanhedrin) and not the advantage of wisdom, doubt is not a decision. And it is not possible to hold an elder of Mamre responsible for changing the wisdom of the Great Court.

מיכי Staff replied 8 years ago

I do not accept the precedential approach that one must follow the great Posk, and therefore the question of how to interpret it does not bother me. And even when I do not have my own position, it is a question of the laws of spikot.

The advantage of the wisdom of the first is that he understands that there are two equal sides. I have already explained the difference between the two types of spikot.

It is clear that there is no old law of refutation of a doubt. That is not what I was talking about.

ב' replied 8 years ago

You yourself wrote, “If you have a distinguished rabbi, follow him.” And where does this come from?

Following the greater sage arises from the issue in 7:7. I understand that you believe the Rambam. But in my opinion, it makes sense that in the case that I do not know how to decide, I should benefit from the wisdom of someone who has succeeded in reaching a decision here. And in the case of someone who has not studied, it is better to follow the greater one who has a greater chance of being directed to the truth and not to walk blindly in the dark as if there is doubt here.

מיכי Staff replied 8 years ago

If you don't know how to decide and you have a rabbi, then he has authority over you because you accepted him over you. Therefore, follow him.
I think we've exhausted it. All the best.

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