tag:blogger.com,1999:blog-20173285.post116794519634898844..comments2024-03-25T09:43:27.402-04:00Comments on Divrei Chaim: originalism and halachaChaim B.http://www.blogger.com/profile/02231811394447584320noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-20173285.post-1168114982460776172007-01-06T15:23:00.000-05:002007-01-06T15:23:00.000-05:00The only way to enforce such a takana would be reg...The only way to enforce such a takana would be regional elections and choose zayin tuvei hair. They would then be able to enact such a decree -- with the approval of the local rav.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20173285.post-1167971472911725702007-01-04T23:31:00.000-05:002007-01-04T23:31:00.000-05:00In secular law, the authority of a decision is der...In secular law, the authority of a decision is derived from the authority of the court which delivers it. Originalism is the the belief that all constitutional decisions should stick to the original ideas of the Founders--that the US Constitution should be frozen in time in 1789, and only formal amendments be allowed to unfreeze it.<BR/><BR/>If you were to look for a Jewish equivalent, you might have use the Karaites.<BR/><BR/>My impression that a modern halachic decision is accepted based on the combination of its reasoning and the reputation of the posek--although of course, the reputation of the posek is partly (but not entirely) based on the quality of his reasoning and knowledge in general.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20173285.post-1167965572976262362007-01-04T21:52:00.000-05:002007-01-04T21:52:00.000-05:00This whole subject is really a Hoshen Mishpat disc...This whole subject is really a Hoshen Mishpat discussion. Nowadays, all we have is horaah, we don't even have real dayanim with semicha. One of the things that differentiates horaah from real din is that horaah's legitimacy emerges from its reflection of the objective law - in other words, it is the halacha that binds us, and we turn to the moreh horaah to explain it and apply it for us - while genuine din handed down from a bet din musmach derives its authority from the gavras of the dayanim.Rabbi Joshua Maroofhttps://www.blogger.com/profile/12585369620887846940noreply@blogger.comtag:blogger.com,1999:blog-20173285.post-1167957507098682802007-01-04T19:38:00.000-05:002007-01-04T19:38:00.000-05:00I quetion the authority of any great possek nowada...I quetion the authority of any great possek nowadays over all klal yisrael. Without sanhedrin I dont think there is such authority. See the famous Teshuvat Rivash on semicha. there is only local authority and even there it is questionable if it is enforcable on a ben azai.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-20173285.post-1167946256893912312007-01-04T16:30:00.000-05:002007-01-04T16:30:00.000-05:00Wasn't this issue the source of Maharshal's opposi...Wasn't this issue the source of Maharshal's opposition to the Shulchan Aruch?Anonymousnoreply@blogger.com