Originally published 7/20/10, 10:12 pm.
Some on the left might tell you that anything not in Talmud is fair game for disputation.
[See Bei'ur Hagra on disputing what is in the G'mara]
The Right might tell you nothing any accepted Poseiq or Gadol says may be challenged.
How about a Centrist Approach?
The Rema in Choshen Mishpat 25:1 [that]
« If it appears to the dayyan and members of his generatoon [that] from the force of "Rayot Muchrachot" that the Halachah goes against the posqim - one may dispute it following that it is not mentioned [specifically] in the Talmud»
Now some caveats and expansions
1. This is technically about Choshen Mishpat. My extrapolation to all parts of SA is not a slam-dunk - but the SM"A 2 seems to see it as applicable to issur v'heter too.
2. Rema is saying the status quo is indeed with Posqim. It takes a burden of proof to pasqen otherwise G'dolim are indeed Presumptively correct, but not infallible or immune from analysis.
3. Halachah can be changed but not willy nilly. It takes study and investigation. The system is stable, yet flexible.
4. AISI The Rema is giving us a Centrist Template, no cynical rejections, nor knee-jerk "genuflections" towards the status quo rather judiciousness and sagacity instead. A reasoned approach based upon SOURCES.
And any well-reasoned opinion cannot be dismissed as a "toeh b'shiqul hada'at" [see Shach 2 v'nireh afilu k'toe'eh ... Nami lo havi"]
Thus, To me the Rema is a great Paradigm for Centrism in general - given his balance as both a devotee of Traditionalism and an advocate of "golden age" education including secular science.
In fact Rema's balance might not only be ideal, it might be required. EG Anyone. Who is into "scientific" investigation and who is NOT at heart a traditionalist, is well-nigh prone towards revisionism.
Shalom,
RRW
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