Paskening from the Shulchan Aruch (without knowing the Gemara and Rishonim)

My point is that from what I see in my dealings with Orthodox Jews, their perception of the Shulchan Aruch does not fit with how the Gedolei HaAcharonim viewed it. I tried to be melamed zechus with the Pischei Teshuva but I brought the Aruch Hashulchan to disagree with the limud zechus. I brought the Mishna Berura as another limud zechus.

rationalfrummie:

I understand that. In fact he tells us what he wrote it for.

????? ??? ???? ?? ??? ????? ????? ????? ????? ???? ???? ????? ?? ????? ??? ?????, ???? ???? ???? ?’ ????? ????? ??? ?? ??? ?????, ?? ???? ????? ??”? ??? ???? ?? ????? ?? ??? ???? ????? ????? ??, ??? ????? ?? ?????? ????? ??, ?? ???? ???? ?? ?? ??? ????? ???? ???? ????? ?????? ???? ???? ??? ?? ????? ??????? ?? ???? ????? ??, ????? ?????? ????? ????? ?? ??? ??? ???, ????? ???? ??? ??? ???? ?????? ????? ???? ???? ?? ??? ???? ??????? ???? ??? ????, ???????? ?????? ???? ?? ???? ?????? ????? ?? ?? ????? ????? ??????? ?????? ????? ??????? ???? ?????, ??? ?? ?????? ?? ????? ????, ????????? ?????? ????? ????? ????? ??? ????? ????? ???? ?????? ???? ?????? ???? ?? ??? ???? ?????? ???? ????? ???? ???? ???? ?????

“How can you pasken from the Aruch Hashulchan’s quote not to pasken from The shulchan aruch?”

I’m not PASKENING from the Aruch Hashulchan. I’m just pointing out that having commentaries on the Shulchan Aruch doesn’t solve the problem.

I’ll give an example where if you just read the Sh”a and Mishna Berura without background knowledge,you may end up with the wrong halacha: The Sh”a says (O.C. 9:5) that some say that the tzitzis have to be the same color as the begged. The Rema argues that Ashkenazim should only make white strings regardless of the color of the begged. The Mishna Berura brings down the suggestion of the acharonim that in order to avoid this machlokes one should only wear a white begged with white strings.

Now let’s say that one is deciding whether to wear Techeiles or not. Someone who only learned the Sh”a and Mishna Berura will say (and I’ve heard many people say this) that on the chance that it’s not real techeiles, they will be wearing a white begged with blue strings, in violation of the Sh”a, the Rema, AND the Mishna Berura.

However, if the person had started with the gemara, he would know that the gemara says that even kala ilan (fake techeiles) is no worse than white strings and therefore there would be no problem. AAAIII, the Sh”a says it is a problem! Well if this person would know even more gemara, he would know that the reason why the colors would have to be the same is because the strings have to be min knaf* which doesn’t apply to techeiles strings. While you won’t find this in the Sh”a/ Mishna Berura, you can find it in the Artzos Hachaim, the Chazon Ish, and other more obscure places that this person who learns Sh”a with Mishna Berura won’t see.

*According to Tosafos the reason for the colors being the same is zeh keli veanveihu which would also clearly not apply to the techeiles strings which won’t be the same color as the begged even if it’s real techeiles. (There are those [the Smag as explained by the Chazon Ish, and presumably the Levush) who hold that when you don’t have techeiles, the strings that would have been techeiles take on the status of regular non-techeiles strings, but there’s no problem because they also hold that there is no inyan in the first place of having the colors be the same)

“But then you would have to see Teshuvos v’Hanhagos vol. 6 from Rav Sternbuch that says you’re over bal tosif if you wear today’s techeiles. :)”

He does not say that. He says that it MIGHT be bal tosif. If it’s real techeiles then it for sure isn’t bal tosif. If it’s not real techeiles, then it shouldn’t be any different than doing any mitzvah with a cheftza that is safek kosher e.g. tefillin, esrog etc. R’ Shternbuch is MECHADESH a chiluk in order to say that techeiles is different. And even if theoretically bal tosif would be an issue, you can just make a tenai that if it’s not real techeiles then it’s not l’shem mitzvah (which R’ Shternbuch himself acknowledges).

“?? ???? ????? ??”? ??? ???? ?? ????? ?? ??? ???? ????? ????? ??”

Exactly. He is already a Talmid Chacham and the Sh”a will help him keep his knowledege of halacha at his fingertips.

Haleivi:

What I am talking about is paskening from only the shulchan Aruch (even with the Mishna Berura). Yes the statements of the SHulchan Aruch represent R’ Yosef Karo’s conclusions, but without knowing the background you might misapply it and there might be things that you are just totally unaware of. I was not talking about in terms of halacha l’maaseh being machria like the Sh”a vs. other poskim, which happens to be an interesting discussion. Clearly all the commentaries who sometimes argue with the Sh”a, did not accept it as their psak.

Also, the Mishna Berura “took the pains to write Halacha” the same way R’ Karo did, yet you consider him to be non-practicing. Unless you are simply saying that the A”H was MORE practicing than the M”B, in which case who is to say that the Sh”A was the most practicing codifier of halacha?