I don’t understand, Gavra, the R’ma, Gr’a, M’B say it’s assur. The mainstream psak follows the Kol Bo.
BS”D
DY: Once again, I don’t really disagree with the (very narrow) point regarding women wearing Tefilin. Like I said, it is similar to a Sephardi girl who wants to say Brachos on Miztvos Aseh SheHazman Grama, where we would tell her that we Pasken like Maran who says not to. It is possible that a Rov might say to be somech on the Ramo in a Shaas HaDechak (and I don’t know if this is a Shaas HaDechak or not where he could be somech on the Rambam), and maybe even on an individual basis (as the next paragraph discusses), but to welcome it (Ashkenazi tefillin wearing or Sephardi brocha making girls) as a general rule in an Ashkanazi or Sephardi institution (resp.) would certainly not be advised.
The larger question flows from the issue made of who is “Raui LeHoros”, and be somech on a shittah that is not “mainstream”, but is still valid. Does a shul Rov have the right to advise a shoel who is his mispallel to allow what would be considered against “normative” Halacha if he feels it appropriate under the circumstances (even if it may not be a slam-dunk “Shaas Hadechak”)? Or does he have to ask the “Gadol HaDor” as Rabbi Twerski suggests? This (at first glance) would be similar to the shtetel Rov who allowed the Almanah to eat the chicken that had the shailah, even though it isn’t really a shaas hadechak not to have chicken on shabbos (and I would have thought here too it would be allowed).
I’m looking forward to your thoughts.