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Rosh Kollel: Rabbi Mordecai Kornfeld
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Shabbos 068: Munbaz
Barry Epstein asked:
>> The question still at large is how can Munbaz argue with Rabbi Akiva and
>> what status he has. It doesn't seem like he is a Tanna yet that is all
>> that can generally argue with Rabbi Akiva. One can say a king can argue
>> with anyone but we don't see a lot of king-Tanna arguments in the Gemara. <<
The Kollel replied:
>> As a matter of fact, there is no hard and fast rule forbidding an
>> Acharon to disagree with a Rishon. Once the Mishnah was completed,
>> subsequent generations (Amora'im) could no longer argue with Tana'im,
>> and the same applies to the generations (the Rabanan Sevura'i and later
>> eras) that followed the completion of Shas. But after that, it is
>> accepted that the Acharonim were/are not on a level to argue with the
>> Rishonim, but there is no hard and fast rule forbidding it (which
>> explains why there are numerous cases where they do in fact do so). <<
Joe S Goldstein <[EMAIL PROTECTED]> comments:
Just an addition to your comment "As a matter of fact, there is no hard and
fast rule forbidding an Acharon to disagree with a Rishon."
Rabbi Yaakov Weinberg ZAL (The second Rosh Yeshiva of Ner Yisroel) said
that although there there is no hard and fast rule forbidding an Acharon to
disagree with a Rishon, However, not just anyone may do so! One must either
be a godol with solid proofs and a massive amount of humility which
precludes any Haughtiness and thoughts of "*I* can argue on him" from
entering into his thought process. Otherwise who would want to be so
foolish as to even entertain the thought that one can argue on a Rishon.
While we do have Gedolim that argued on Rishonim, Such as the Vilna Goan
and very few others, I am not aware of any contemporary GODOL that argued
on the Rishonim.
Having said this I saw in a sefer recently (and I can not remember who
wrote it, but it is not contemporary author) that said while it is true we
can not argue on a rishon, but the Torah lnds itself to many
interpretations and as such one may give a different interpetaion of a
posuk, as long as it does not change any halacha AND it fits within
accepted Jewish Hashkofa.
------------------------------
The Kollel replies:
Thank you for your valid comments, which is really what I had in mind when
I wrote "there is no hard and fast rule" (rather than "it is permitted"),
and the reason that I did not elaborate was purely a matter of time. I seem
to recall having seen what I wrote in the Aruch ha'Shulchan, many years ago.
The Chazon Ish often disputed the Rishonim, and as for your final comment,
virtually every commentary on the Chumash argues with Rishonim when it
comes to interpreting Pesukim (since, as you wrote, it does not affect the
Halachah). R. Kornfeld (Sh'lita) cites a Tos. Yom-Tov in Nazir (5:5), who
even justifies the Rambam explaining a Mishnah differently than the Gemara,
using the same reasoning.
Kol Tuv
Eliezer Chrysler.
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