(c) Apr 18 2001 RashiYomi Inc. MY COLLECTED & INDEXED MAIL JEWISH POSTINGS-Ver #1
Individual Postings 1st appeared(& were copied in html form) on the Email List Mail Jewish

From: rhendel@mcs.drexel.edu (Russell Hendel)
Date:
Subject: Who Makes Halacha---Authority vs Breadth Of Knowledge

There has been alot of discussion recently on Rishonim and Achoronim and
there has also been discussion on who can make what halachas and who can
override them

I have nothing against authority...but authority (being a rishon vs an
achoron) is ONLY ONE COMPONENT of making halachah.  BREADTH and DEPTH of
knowledge are a strong component also.

So --as the examples given--if the Vilna Gaon did disagree with Rishonim
We RESPECT HIM because of the Gaon's great BREADTH and DEPTH of
knowledge.

Don't get me wrong...I am not trying to override anyone...but I would
like to see Mail Jewish DISCUSS and GIVE CRITERIA for HOW WE RECOGNIZE
Breadth and Depth of knowledge. After giving these criteria we can
BEGIN to discuss when and how an achoron can disagree with a rishon.

As an example of what I mean by "CRITERIA to RECOGNIZE Breadth and DEpth
`" of knowledge consider the following fields (where criteria do exist):

* Doctorates..one must pass oral and written exams and do original research
* Accountants..one must pass a series of exams showing basic knowledge in
dealing with day to day situations
* Actuaries...one must pass a series of exams showing ability of mass recall
as well as the ability to synthesis solutions to new situations
* Computer scientists...I know Novelle has a series of I think 8 courses
showing proficiency in various matters

So how about Halachah? Where does being a Rabbi fall on this list?  True
Rabbinical students must learn alot but DO WE TEST THEM? Do they have
exams similar to accounting exams? To actuarial exams? Do we require
original research on some matter (like Doctorates)?

I am suggesting that maybe we SHOULD have such criteria. At any rate I
strongly urge ALL mj writers to participate in a discussion on HOW WE
RECOGNIZE someone like the GAON as a genius. Independent of your view on
Psak I think this an important issue

Russell Jay Hendel; Phd ASA rhendel @ mcs drexel edu