Reply To: Halacha: Process

#1185609
Avi K
Participant

Time,

The key word is “search”. The Maharal says that the difference between emet and emet l’amituta is that being that the bet din has permission to pasken it’s pesak is truth. What is seen in Shemayim is emet l’amituta. As the dayanim only have what their eyes see it may be different.

I hate to burst your bubble but poskim are human, not computers and not demigods. They have hashkafot and these hashkafot will affect the pesak. This is not a difficulty if it follows logically from the hashkafa, On the contrary, the Gemara in many places explains the opinion of a Tanna or Amora based on a general rule by which he holds (e.g. does a person put himself into a doubt, does a person care if his wife is dragged into court, etc.). You yourself immediately backtrack and say “That doesn’t mean it stakes place in a vacuum or an Ivory Tower”. The pesak is not subverted. It follows logically from the posek’s sheeta. Thus eilu v’eilu divrei Elokim chaim.

Regarding how one becomes a gadol, that is simply being on the first tier of poskim. This comes about when the posek is recognized by the Torah world as a gadol. It is a matter of consensus not applying for a position or being elected.

As for your statement “This says more about the writer,than…”, to whom are you referring? If to me regarding what I posted I thank you for complimenting me on my insights.