Is there a problem with choosing to always follow the most lenient opinion in every Halachic dispute encountered? I'm talking about when the disputants are qualified poskim and the leniencies do not contradict each other.
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Is this person qualified to be choosing between the opinions? If he is then I don't see the problem. It'd be an awfully big coincidence though – Double AA Jan 17 '17 at 00:48
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It is said in my Yeshivahs, that if one did follow every legitimate kulah, he might not look Jewish anymore. :) – David Kenner Jan 17 '17 at 00:49
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1I asked this question to a person who has finished kol sifrei Shulchan Aruch biyun and confers smicha to others and he told me that technically there is no issue on doing so as long as a prominent halchaic authority holds by such a postion,but he added that this is not a mehalch and chances are there will be many contradictions,however this doesnt mean much since you dont know who I am talking about – sam Jan 17 '17 at 01:16
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@sam http://judaism.stackexchange.com/q/55086/759 which might even be a duplicate – Double AA Jan 17 '17 at 01:24
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@doubleAA,totally forgot I asked that,must have asked him the next day after I asked,but still cant post my commemt above as answer,since I cant mention Rabbi – sam Jan 17 '17 at 01:26
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@sam sure you can. Source it as best you can (e.g. "a person who has finished kol sifrei Shulchan Aruch biyun and confers smicha to others"). – msh210 Jan 17 '17 at 06:15
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Actually this seems like a duplicate of http://judaism.stackexchange.com/q/55086 to me. – msh210 Jan 17 '17 at 06:17
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@DoubleAA. I'm not understanding. I'm a every single machlokes between 2 or more qualified poskim, I want to choose the most lenient opinion - whoever it is. I want to consistently and purposefully choose the lenient side (only because it is lenient) without paying any attention to which posek it is. So in one case I will follow Rav Moshe because he is most lenient in machlokes A and in machlokes B, I will follow the Tzitz Eliezer because he is most lenient. And in machlokes C, I will follow the Divrei Yoel because he is most lenient. No coincidence here. – Mark A. Jan 17 '17 at 15:49
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Now it doesn't sound like you're talking about someone who is qualified to choose between sides. In which case no they can't choose between sides as they aren't qualified to do so. – Double AA Jan 17 '17 at 15:51
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@DoubleAA. Correct. Not qualified at all. And he's not choosing based on any Halachic factors. He just wants all the leniencies as long as it's coming from a qualified posek. What's wrong with that? – Mark A. Jan 17 '17 at 15:57
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So the question is: what's wrong with Paskining when you aren't qualified to Paskin?? Choosing between opinions is basically the definition of Paskining. – Double AA Jan 17 '17 at 15:58
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@msh210 I thought so too – Double AA Jan 17 '17 at 16:36
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The fundamental answer to this question is no. This has been brought up before and Chazal have stated that the principles by which particular rabbonim analyze situations and obtain a psak must be maintained
When a rav analyzes a case to give a psak, he uses the principles of halacha and it then leads to the psak. Thus, as an example, the principle can lead to a "kula" in one case and a "chumra" in another even though you do not see a contradiction.
Another point is that one may not realize when a psak is brought as a kula or a chumra. For example, Rav Soloveitchik gave a psak about melacha on shabbos. He is reported to have said "I am not maikil on shabbos, I am machmir on pikuach nefesh" (paraphrase from memory).
Thus one cannot go searching among different rabbonim to find the kulah as this is not how a psak is done. One must have a rav that one can ask sh'ailos and discuss what are the particular circumstances and stay with that rav.
The main concept is that if a rav is maikil in one case and machmir in another then there will be a contradiction if you try to follow his psak in one case and not the other.
As @DoubleAA said
Psak is an art of balancing the needs and details of the situation with the traditional legal arguments and principles. Picking things willy nilly based on what's easier is not Psak.
@Yaacov Deane points to
sabbahillel
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What you are saying is true in some areas but there are many, many areas that will not be contradictory. I'm asking about those situations where it is clear or even in more complicated situations where one has verified that there is no contradictions. – Mark A. Jan 17 '17 at 16:49
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sabba the answer is still fundamentally no, and the obvious proof is no one has ever done it. Recall none us are the first to have the bright idea that being lenient is easier. If this was allowed, people would have always been doing it. – Double AA Jan 17 '17 at 17:15
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But that is not why. The point isn't you have to be very careful not to contradict yourself, since some people can be careful: why didn't the Rambam go through and compose the easiest most Meikil and still internally consistent code of law instead of the Mishneh Torah? The point is that's not how to Paskin. Psak is an art of balancing the needs and details of the situation with the traditional legal arguments and principles. Picking things willy nilly based on what's easier is not Psak. It's nonsense. – Double AA Jan 17 '17 at 18:58
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You aren't saying the same thing as me. You are pointing out technical difficulties and I'm pointing out fundamental difficulties. You're right that it's complicated to find the most Meikil logically-consistent set of rules. But it's possible. Why didn't the Rambam do it? He was smart enough, no? ||| "The main concept is that if a rav is maikil in one case and machmir in another then there will be a contradiction if you try to follow his psak in one case and not the other." is simply not true if you know what you're doing. That is not the main issue here but a practical implementation issue. – Double AA Jan 17 '17 at 20:49
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@DoubleAA I rewrote it to try to say that by definition a posek (like the Rambam) deals with fundamental principles and follows wherever they lead, whether chumrah or kulah. I was trying to say that any other method will by definition lead to contradictions. It is both fundamental and technical. – sabbahillel Jan 17 '17 at 20:53
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But it's not true that any other method will by definition lead to contradictions. Some opinions really are mutually exclusive and some really aren't. You're conflating two things and it's not helping your answer. – Double AA Jan 17 '17 at 21:56
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@DoubleAA. When the Rambam or any posek have to come to a decision they, of course, should be using the fundamental principles of halacha in general and the principles that are relevant for that individual question and follow the truth wherever it may lead - kula or chumrah. However, as someone who is not involved in determining psak, I should be permitted to choose to follow the lenient opinion in every case that is not contradictory . Once a qualified posek comes to a final psak, why can I not follow it if I wish? – Mark A. Jan 17 '17 at 22:02
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@MarkA. I don't see a reason to discuss this with you again. Deciding who you follow is paskining. You can't be "not involved in determining psak" and at the same time "choos[ing] to follow the lenient opinion". – Double AA Jan 17 '17 at 22:05
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https://he.wikisource.org/wiki/%D7%A9%D7%95%D7%9C%D7%97%D7%9F_%D7%A2%D7%A8%D7%95%D7%9A_%D7%97%D7%95%D7%A9%D7%9F_%D7%9E%D7%A9%D7%A4%D7%98_%D7%9B%D7%94_%D7%91 – Double AA Jan 19 '17 at 20:34