Tag Archives: Shulchan Aruch

Mara D’Atra in a Globalized World

As we discussed in our shiur on Aseh Lecha Rav, one of the central roles of a Rav is to provide a posek that people are both obligated and permitted to rely on. On the one hand, having a posek limits what opinions one can rely on; on the other, one can rely on the kullot of his posek even when it may not reflect the consensus psak. We explored the authority and definition of a Mara D’Atra. The shiur is available here.

The Gemara downright celebrates the freedom that comes from having a local posek. While the majority opinion claimed that while brit milah can be done on Shabbat, all preparatory actions must be done before Shabbat, with no reservations it declares that in the place of R. Elazar, who permitted doing these action on Shabbat, that his position was followed. Similarly, the Gemara does not hesitate when it says that in the Galil, where R. Yosi was the posek, the people ate chicken and meat together. The Ritva notes that having a Mara D’Atra, a local posek, a master of the region, provides people with their own source of authority – to whom lo tasur applies.

However, the Rashba extends this idea beyond a local living posek. Continue reading Mara D’Atra in a Globalized World

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Policy and Psak – The Rav on Women’s Learning (Halachic Methodology 7)

This shiur is a case study in how a psak acts to set communal policy, focusing on the issue of women’s learning.  The shiur and sources are available: here.

The Rav wrote two letters when asked whether girls should be taught Gemara.  The second, which is much more famous, affirms that we should open the halls of תורה שבעל פה  to women.  However, in the first letter, which I think is critical to understanding the letter, first requests assurance that his answer will be accepted as binding.  Continue reading Policy and Psak – The Rav on Women’s Learning (Halachic Methodology 7)