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How to Reach a Conclusion When Poskim Differ?

        

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Very often when we look up a halachah in a sefer by a contemporary melaket (compiler) we find that a wide range of opinions are quoted. We are then faced with a quandary: Which opinion do we follow— the one that is lenient, the one that is strict—or the one that we prefer? The following are the general guidelines for resolving a machlokes (dispute) in halachah: 1) We follow the psak (ruling) recorded in sefarim that were nispashet b'tefutzos Yisroel (that have been accepted by Klal Yisroel). 2) We follow the directives of our particular rav, b'asra d'rav (in the place of the rav), or if he is no longer alive, the opinion of the rav who was our community’s accepted posek during his lifetime. Or, 3) If one is capable of understanding the shakla v'tarya (the give and take) of the halachah, they can be machria (determine which opinion is correct) provided they can back it up with solid proof and don’t just choose the opinion that sounds best. If none of the above options apply we should follow either the majority opinion, the more esteemed authority, or abide by the following rule: When dealing with a d’Oraysa (Torah law) be strict, and when dealing with a d’Rabbanan (Rabbinic rule), it’s okay to be lenient.

in English
Category
Laws - Законы
Tags
poskim, hallacha
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