Q&A: Rules of Halakhic Decision-Making
Rules of Halakhic Decision-Making
Question
Good evening, Rabbi:
We find several methods of halakhic decision-making that seem, at least on the face of it, to be meant to “save” us from having to make a logical determination in a dispute—for example, the rule that the Jewish law follows Rava except for the six cases abbreviated as Ya'al Kegam, and that the Jewish law follows Rav in matters of prohibition and Shmuel in monetary matters.
A. Why doesn’t the Talmud go into the thick of the matter and rule in accordance with the opinion that seems more logical? Did the Talmud actually investigate and these rules are only a mnemonic for remembering when the Jewish law follows whom, or are the Amoraim unable to decide between the disputants, and therefore establish that the Jewish law always follows one of them (because he was an expert in that field, wiser, [more respected?], etc.)?
B. If this is indeed a solution for situations in which the Talmud cannot decide, how does the Talmud decide whom to follow?
Of course there are many such rules and the Rabbi cannot address all of them, but I would be happy if he would address the rules I mentioned at the beginning of the question.
Answer
There are rules of both kinds. When there are exceptions, it is apparently a summary rule; when there are none, it is apparently a guiding rule (a priori). If I remember correctly, I discussed this briefly in the third book of the trilogy (and there I cited Kovetz Shiurim, which discusses this and proves from Eruvin that the rules for deciding between Tannaim are not merely summary rules).
One should also know that even when there are rules (especially if they are guiding rules, but also if they are summary rules) in the Talmud, the medieval authorities (Rishonim) sometimes deviate from them (Maimonides ruled more than once like Abaye, and Amoraim ruled like Beit Shammai in some cases as well). In my opinion, this means that these rules are a recommendation for someone who has no independent position. But someone who does have a position can go against them.