• When Can I Disagree With the Rov?

    Someone lays claim to another’s possessions. “The majority of poskim rule in my favor,” the claimant avers. The current owner counters that there is a halachic opinion in his favor, and majority or minority is irrelevant: “Kim li—I am of this opinion!” Written by Horav Yosef Yeshaya Braun, member of the Badatz of Crown Heights • Full Article

    Written by Horav Yosef Yeshaya Braun, member of the Badatz of Crown Heights 

    Someone lays claim to another’s possessions. “The majority of poskim rule in my favor,” the claimant avers. The current owner counters that there is a halachic opinion in his favor, and majority or minority is irrelevant: “Kim li—I am of this opinion!” According to halachah, the item is indeed his, free and clear—the rule of chazakah (presumptive ownership) is such that the Beis Din has no right to exhort from the muchzak (one who has something in his possession) based on majority opinion.

    One exception to this rule is if the current owner’s statement is countermanded by the mara d’asra (local rav). His psak (halachic ruling) overrides precedent; the strength of the mara d’asra is mid’oraysa (from the Written Torah), prevailing over all other halachic opinions.

    Many of the rules that apply to arguing with a rebbe (teacher) as outlined by poskim—those that are bound with kevod haTorah (the Torah’s honor) and kevod rabbo (respect due to a Rabbi)—are also said to apply to the mara d’asra. And more so: since the mara d’asra has been accepted by the majority of the community, his psak attains a status that even if most opinions disagree with a particular psak, it must be upheld.

    (There are harsh words put forth by halachic authorities regarding someone who undermines the mara d’asra’s authority, as it can be viewed as arguing against the power of the Torah—and applies even in a situation where the rav who has proven himself to be a Torah scholar inadvertently errs.)

    The binding nature of the mara d’asra’s psak applies in all Torah matters, even when its parameters veer towards worldly concerns or public policy, subjects outside the direct realm of halachah.

    124

    Tags: ,

    Related Posts:

    *Only proper comments will be allowed
  • Event Calendar

  • Tuesday, Oct 27th, Wedding – Shlome Wolvovsky – CH & Rochel Leah Matusof – Madison, WI @ Oholei Torah
  • Thursday Oct 29th Wedding: Devorah Bennish – Detroit & Mordechai Rubin – London @ Royalty House, MI
  • Sunday, Oct 25th, Sholli Miller – Chicago, IL & Batya Korf – Miami Beach, FL @ Bais Rivka 310 Crown Street
  • Thursday, Oct 22 Wedding: Chaim Boruch Bar-Chaim – CH & Shoshana Pimentelli – CH/TX @ Oholei Torah
  • Thursday, Oct 22 L’Chaim: Sruli Finck – CH & Chaya Mangel – Dayton, OH @ Chovevei Torah 885 Eastern Parkway
  • Tuesday, Oct 20th Wedding: Dovid Kaminetzky – Melbourne, AU & Chaya Okunov – Crown Heights @ Oholei Torah
  • Monday Oct 19 L’Chaim: Ari (Aaron) Levertov – Crown Heights & Debby Rabinowicz – Sao Paulo, Brazil @ Choivevey Torah
  • Monday, Oct 19 2015 Wedding: Mendy Zippel – Salt Lake City, UT & Fraidy Shagalov – Crown Heights @ Oholei Torah
  • Sunday 18th Oct. L’Chaim: Chananya Niassoff – CH & Tzirl Brennan – CH @ Bais Rivkah Crown St
  • Sunday Oct 18th – Wedding: Mendy Edelman – Crown Heights & Sara Lozenik – Miami, FL @ Oholei Torah
  • Tehilim

  • Dov Chaim Ben Rivkah
  • Tzvi Hirsch Ben Guttel
  • Charna Alexandra bas Chana Esther
  • Ettie Bas Alte Miriam
  • Zissel Yehudis Bas Masha
  • Chaim Yosef Yitzchok Ben Sarah Elka
  • Devorah Bas Sarah
  • Boruch Ben Sarah
  • DovBer Ben Dina
  • Sender Ben Chaya Devorah
  • Lost and Found

  • Lost Men’s Heavy Black Winter Jacket Size Large in 770
  • Lost in 770 before Pesach, a black Bradley Jons long coat size 38R. No lining and no belt. Almost brand new! Please call zalman at 347-788-0749
  • Found black hats outside 770, behind the Hatzalah ambulance
  • lost – Chitas bearing a blessing to Shmuel from Sarge. (Sargent Zvi Fisher z..l.v) geulanow@012.net.il or +1-7869427070
  • LOST: in 770 a black Lenovo Intel core i5 laptop in a dark grey laptop bad together with a WD hard drive, if found please call Zalmy 347-788-0749
  • Found: Maroon Chitas
  • Found: Bag of Clothes
  • Found: Leather-Bound Pink Siddur
  • Lost: Box with Mini Shas from YSP
  • Lost: Rose Gold Bangle/Bracelet
  • Classifieds

  • Cook position for a local Mosad
  • Looking for a cook/kitchen manager
  • Administrator for a local Mosad Experience a must, and preferbiligual a bonus poconosmountains@gmail.com
  • Looking for a cook/kitchen manager Experience a must. poconosmountains@gmail.com
  • ‘Beis Mosiach’s’ to give away for free
  • Private Rooms for Men
  • Newly renovated Basement for rent
  • Judaica Store in Crown Heights is Looking to Hire
  • Looking for Work? Opportunity available, for a quick & efficient typist in Williamsburg. For more info: 201-800-1774
  • Lost in 770 Last Week: Transparant Bag of Tefillin, Rashi, R”T, Chitas – in black/grey 770 pouches