Reply To: Confusing Halacha, Minhag, Chumra, Shtus

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Sam2
Participant

I spent a long time today looking into R’ David Bar-Hayim. Chas V’shalom to say he is Conservative or an Apikores. He is going back to a Halachic style that has fallen out of disuse in the past centuries, but was certainly prevalent in the time of the Rishonim (and seems very similar to the Maharshal). The Maharshal was outvoted by the Shulchan Aruch and those who chose him, but it is a valid Derech.

That being said, Klal Yisrael has for the most part rejected such a Derech. As such, quoting him for anything L’ma’aseh is problematic. But he is not Paskening based on ulterior motives. He is Paskening based on what seems Pashut Pshat based on the available Mekoros.

PAA: He’s not an Ashkenazi Posek. He might be an Ashkenazi; he might be a Posek. But he is a Posek for an era before there was ever a difference between Ashkenazim and Sefardim.