Reply To: R' Chaim Kanievski Women Wearing Tefillin

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Patur Aval Assur
Participant

“PAA, R’ Chaim is clearly not saying anything l’maaseh. Why do you say he is?”

That’s why I specifically said that he leaves off as tzarich iyun. But according to his pshat in the sugya, there would be no problem. Whether R’ Chaim himself would rely on his pshat halacha lemaaseh is a different story.

Sam2: R’ Chaim’s pshat avoids the Rema’s issue – the Beis Yosef explains that the Rema’s issue (i.e. the Kol Bo) is the reason behind the man d’amar that says that the chachamim protested Michal. But according to R’ Chaim’s pshat the reason for that man d’amar is based on Lo Silbash in which case the other issue never becomes an issue. Granted, the Rema and the later acharonim seem to have a different understanding, which is why he concludes with tzarich iyun. But in terms of pshat, he is “disagreeing” with the Rema’s understanding of the sugya which then obviates the Rema’s issue.