Tuesday 31 August 2010

Rosh Yeshiva vs. Poseiq -1

Pursuant to discussions of whom to follow in Halachah let me re-tell a true story with slight variations

I had been briefly learning Gittin and the issue of "Eidi Mesirah Kartei" for OTHER sh'tarot [non-divorce] came up

I asked a Rosh Yeshiva "R Yaakov" of a small-ish Yeshiva

Why no eidi mesirah by K'tubbot at a wedding?

He gave me a long answer without nailing down a final p'saq

I asked the SAME question from a Dayan "R Moshe" and he immediately told me that - while some do indeed use eidi Mesirah - there is a Tosafot that is m'chaleiq between Eidei Raya and Eidei Qiyyum and therefore a K'tubbah requires no eidi Mesirah unlike a "Get" for divorce which does.

His answer was brief, to the point, and he had instant recall of all the relevant factoids.

The Shift of Power away from Posqim towards Academics is AIUI a post-WWII phenomenon. RYY Weinberg - the Sridei Eish - consulted R Haim Ozer Grodzensky, the Chief Rabbi of Vilna, rather than any of the many great Roshei Yeshiva of his era.

Even in Hassidic circles, often an Av Deis Din is the Poseiq - not the Rebbe. Witness EG the late Rav Dworkin Z"L of Crown Heights who paskened for Chabad.

Also, when I was at YU, I had fine Rebbes who taught me G'mara. Nevertheless, I usually took my Halachic questions to R Nissan Alpert Z"L who was a Talmid of R Moshe Feisntein [RMF] since he had Shimush with the generation's leading poseiq

Shalom
RRW

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