Reply To: Regarding the Draft

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#967737
rabbiofberlin
Participant

rationalfrummie: the argument that we are pursuing was whether there is a tendency to pasken “lekuloh” in halocho. I brought down the classical “koach deheteirah odif’ and other mekoros. One mekor, quite obscure, is the gemoro in Pesochim 74B where the gemoro mentions two amoroim and the gemoro paskens lekuleh WHICHEVER amora it is. In other words, if you pasken like one of these amoroim in one case because he paskens lekuloh and ,in another case, that same amoro is “lechumro” and we should accept his view -as we accepted his views previously-the gemoro goes ahead and paskens AGAINST this amoro this time and swiches to his bar pelugto BECAUSE he paskens lekuloh. To me, this is a telling argument that the gemoro prefers to pasken lekuloh always. I do not say that this is always the case, but there are enough cases through Shas and halocho that I can assert this view of “lekuloh”.