Reply To: No mention of the huge techailes event in Boro Park on Chol Hamoed?!

Home Forums Bais Medrash No mention of the huge techailes event in Boro Park on Chol Hamoed?! Reply To: No mention of the huge techailes event in Boro Park on Chol Hamoed?!

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youdontsay
Participant

yekke2: “I think the answer to this is R’ Chaim’s vort. R’ Chaim explained that ספק דאורייתא לחומרא only obligates an action that will remove you from the ספק. For example – nobody who davens Nusach Ashkenaz will say Krias Shema in Sefardi or Temani pronunciation, although it is a חיוב דאורייתא and there is certainly a chance that the Temani mesorah is correct. So why doesn’t ספק דאורייתא לחומרא obligate you to say Shema in as many pronunciations as you can? The answer is – since even after you say Shema a second time, you still will not have ודאי been yotze the chiyuv, you are not obligated.”

Besides for which this vort is probably kneged halacha (as mentioned by Tom Dick n Harry) and that its only cited in Rav Chaim name, we have to stop using these Brisker vertelech in halachic arguments. Its important to note, Rav Nissan Telushkin — who was a Talmud of R’ Baruch Baer Leibowitz — wrote in Taharat Mayim (p. 89 see note on the bottom of the page) that Rav Chaim on the Rambam was not intended as a halacha sefer. Brisker are the ones who are messing up the mesorah with all these extracurricular arguments.