Q&A: Ruling Because “That’s What It Says”
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Ruling Because “That’s What It Says”
Question
Hello, I heard you say in a lecture that there is a responsum by the son of the Rosh, who argues that there is no such thing as issuing a halakhic ruling just because that is what is written in Maimonides. In other words, a rabbi should rule that way because that is what he thinks, not because of this authority or that one. Could you please point me to the source? Thanks in advance.
Answer
In Kovetz Shiurim on Bava Batra, section 272, he cites the responsa of Rabbi Judah ben the Rosh (Zikhron Yosef), no. 54, and discusses his words.