Q&A: Consulting a Greater Authority Before Issuing a Ruling
Consulting a Greater Authority Before Issuing a Ruling
Question
Hello Rabbi,
Choshen Mishpat, סימן 10, סעיף 2:
Anyone who has a case come before him and compares it to another case that had already come before him and on which he ruled, and there is in his city someone greater than he is in wisdom, and he does not consult with him, is included among the wicked whose hearts are arrogant in giving rulings.
What is the plain meaning here? It seems very far-fetched to me that every rabbi must consult before every ruling that is not written one-to-one in the books. Is this referring only to a direct ruling from the Talmud? To something completely novel?
Answer
There is such a thing as common sense. This is talking about a case where the analogy is not unequivocal and is somewhat novel, and where it is relatively easy to ask.
Beyond that, in principle this is speaking about monetary law, not a ruling in matters of prohibition and permissibility, but the Urim and Netivot HaMishpat here wrote that this is also the case in Orach VeYoreh matters.