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Old 02-03-2014, 07:04 AM
 
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Quote:
'll give that tomorrow. But the posek maybe should have refused to answer the shaila. It is not a posek's obligation to take on gehinnom for the Jew who says he only has five minutes a day for shul.
A posek cannot refuse to answer a shailah, especially one asked in sincerity. Every shailah has an answer.
Quote:
Did that Jew really mean to say he only has five minutes a day for Hashem, and that his work, his morning coffee, his "fill in the blank" is really more important than his relationship with Hashem?
Whatever it is, halacha still remains halacha.
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Old 02-03-2014, 09:16 AM
 
Location: Sitting beside Walden Pond
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Usuario, thanks for writing your post. It was very informative. I read your post several times and came to the conclusion that I simply do not understand how some deeply religious people feel. This DG has been a real eye-opener for me.
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Old 02-03-2014, 03:00 PM
 
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So the psak in this situation was this... The obligation is obviously to follow the Torah commandment that all Jewish men must lay tefillin and say Shema every day. However, if the Rav thinks that by allowing this non observant man the "freedom" to say Kaddish instead, that there is a significant chance he will be positively influenced by spending time with observant men in shul, and by this influence he may come to want to do more mitzvos and eventually hold by tefillin and Shema, then he should posken that it's permissible for this man to say Kaddiah instead of fulfilling his Torah obligations.
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Old 02-03-2014, 03:08 PM
 
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Oh, and for those who understand what this means, that case was Rav Eliyashiv's shaila, in case the final psak needs any further merit.
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Old 02-03-2014, 03:55 PM
 
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Oh, and for those who understand what this means, that case was Rav Eliyashiv's shaila, in case the final psak needs any further merit.
What do you mean? Who asked this shaila and of whom?

Last edited by iwishiwerethin; 02-03-2014 at 05:04 PM..
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Old 02-04-2014, 08:59 AM
 
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Originally Posted by iwishiwerethin View Post
What do you mean? Who asked this shaila and of whom?
A stam rabbi asked the shaila of Rav Eliyashiv, after the shaila was posed to him from one of his congregants (the man who made the obligation to say Kaddish for his father).
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Old 02-04-2014, 09:27 AM
 
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A stam rabbi asked the shaila of Rav Eliyashiv, after the shaila was posed to him from one of his congregants (the man who made the obligation to say Kaddish for his father).
In other words, Rav Elyashev said "use your 5th shulchan aruch."
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Old 02-04-2014, 10:08 AM
 
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Originally Posted by iwishiwerethin View Post
In other words, Rav Elyashev said "use your 5th shulchan aruch."
I've never heard that phrase. What does that mean?
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Old 02-04-2014, 10:19 AM
 
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I've never heard that phrase. What does that mean?
Since there are only 4 shulchan aruchs, the 5th refers to "common sense."
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Old 02-04-2014, 10:45 AM
 
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Originally Posted by iwishiwerethin View Post
Since there are only 4 shulchan aruchs, the 5th refers to "common sense."
Got it.

In order to be a superior posek, it's preferable to be a shul "pulpit" rabbi. There's simply too many "real world" scenarios that must be considered, and if one poskined solely from the Shulchan Orech or Mishna Bereura, k'lal yisroel would be poorly served.

A good example, is when I moved into my current house 3 or 4 years ago, I asked a shaila and was told I needed to dispose of my dishwasher and have it replaced entirely. The house I moved into 10 years before that, I asked a shaila and was told I could kasher the dishwasher by running it on the hottest cycle, with lots of detergents, etc.

So are these competing psaks? Of course not - there's only one Daas Torah. My madrega was in an entirely different place 13 years ago from where it was just 3 years ago, and the posek factored that into his decision. Did he alter halacha to give me the answer I needed to hear? No way. There are a range of respected opinions on the subject of kashering a dishwasher. He simply found an opinion 13 years ago that was in the range (albeit far far outside of the norm) that would allow me not to outright violate halacha, and yet not get too discouraged if given a psak I might have been unable to perform, and thereby put my fledgling yiddishkite in jeopardy.

I think this same dynamic applies to the question in the OP.
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