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Q&A: Ruling Like Maimonides

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This is an English translation (via GPT-5.4). Read the original Hebrew version.

Ruling Like Maimonides

Question

Hello,
Can I choose Maimonides as my rabbi and rule like him in everything, or do I have to choose a contemporary rabbi?

Answer

You do not have to choose a rabbi, neither from earlier times nor from today. If you have a question, ask a rabbi or look in the books.
As for relying on an early halakhic decisor, there is a responsum by the son of the Rosh in the responsa Zikhron Yosef, where he forbids it (although he is speaking about a community, not an individual). But in Kovetz Shiurim it is written that we do not rule that way, and it is permitted.

Discussion on Answer

Noam (2021-07-26)

The question is whether I can follow the rulings of the Shulchan Arukh, and in certain cases follow Maimonides. For example, to permit myself to shave during the Omer count because Maimonides does not forbid it, but on the other hand not to do scalding in the koshering of meat, in accordance with the Shulchan Arukh. Or do I need to be consistent?

According to Maimonides, there seemingly is a problem with ruling like Maimonides (to Noam) (2021-07-27)

With God’s help, 18 Av 5781

To Noam — greetings,

Maimonides rules that even with two religious courts in one city there is a problem of “do not form factions,” and it seems that according to his view one should follow the majority of the sages of the city. Seemingly, in a town where most residents are Ashkenazi, one should follow Maimonides via the Rema, and in a town where most residents are Sephardi, Maimonides would instruct that one should act like the Shulchan Arukh. Someone who wants to follow Maimonides should preferably move to a Yemenite town 🙂

Best regards, Azriel Tzemach Halevi Kalisher

As for shaving — I think Maimonides forbids it all year round…

Michi (2021-07-27)

You do not need to be consistent. You need to do what is correct in your opinion. If you do not have a position of your own, you can follow some halakhic decisor, but in that case there are laws of custom (an Ashkenazi according to the Rema and a Sephardi according to the Mechaber).

Noam (2021-07-28)

Rabbi Michi, hello. First of all, thank you for your answer.
I would like to sharpen the point: to what extent can a person rule for himself?
For example, I am Yemenite. There is a custom to recite selichot for 40 days, and I do not connect to this custom at all. According to Maimonides there is no custom to recite selichot except for only 10 days. Is it correct that I should rule for myself not to recite selichot?
I will go one step further. The Sages instituted praying 3 times a day in order to preserve the national identity of the Jewish people on the eve of their going into exile. This type of service of God does not suit my psychological and religious makeup at all. {I cannot say the same text 3 times a day} Can I rule for myself to pray only once a day? After all, the Sages’ ruling was for the collective, not the individual.

Michi (2021-07-29)

Reciting selichot is not Jewish law but a custom. Therefore this is not a matter of halakhic ruling. You are asking whether one may deviate from a custom. Sometimes yes, although in principle customs are binding.
The Sages and the Talmud have formal authority, like the Sanhedrin, and therefore one may not deviate from their instructions. Beyond that, you decided that the institution of prayer is meant to preserve our national identity. How do you know that? And third, even if that is the reason for the enactment, why is your connection to it relevant? At most, you could have argued that in your case the purpose is not achieved that way (but as stated, that does not matter because they have formal authority).
I elaborated on the issue of changes in Jewish law and autonomy in halakhic ruling in the third book of my trilogy.

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