Tuesday, September 16, 2008

On precedent - some articles and the opinion of the Urim V' Tumim

1. Jeffrey Wolff has an article "The Parameters of precedent in Pesak Halacha"

2. Z. Warhaftig - On Precedent in Jewish Law

In my earlier post, I had forgotten to bring the most important proponent of the "precedent school of thought". R' Yonosan Eibschutz in Urim V' tumim (Kitzur Takfu Kohen 48b of the Hebrewbooks.org edition) writes:

Cf. the Kaymu V' Kiblu Kol Chachmeio Hador - to the similar term used by R' Moshe. His earlier comments on the same page are also very relevant. Note particularly his comment on the difficulty of deciding what the majority opinion is since many of the Rishonim are still in manuscript.

No comments:

Creative Commons License
Ishim V' Shittos by http://ishimshitos.blogspot.com/ is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.
Based on a work at ishimshitos.blogspot.com.