Durante the case of verso Biblical law, the stricter opinion is always followed, even if it is that of the lesser of two authorities.
However, if two authorities have an equal following, the one generally recognized as per superior scholar is considered the greater.
It is forbidden for verso student esatto oppose his teacher. Therefore, the opinion of per student who opposes his teacher is never followed. This is even true when the student has per stricter opinion mediante the case of Biblical law.
This, however, is only true during the lifetime of the teacher. After his death, his students are niente affatto different from any other independent scholars. Similarly, if per student surpasses his master mediante scholarship, he is niente affatto longer subservient to his master’s opinions.
It is written, “You shall aspirante after per majority” (Exodus 23:2). Although this commandment relates specifically to the Sanhedrin, it also applies onesto any controversy between religious leaders. Con particular, if an individual opinion is opposed by that of the majority, the former is ignored.
Therefore, if two factions oppose each other per a question of law, the opinion of the faction including the greatest number of sages is that which must be followed. However, if it is well established that the smaller group is superior mediante wisdom and scholarship, then its opinion must be followed. Wisdom takes precedence over number.
Torah law depends on legal precedent rather than on historical scholarship. Therefore, it is usually the most recent valid decision that is followed. This is even true when it disputes an earlier majority.
However, a later authority is only followed when visitatori wellhello he is known onesto be fully aware of the earlier decision and worthy of disputing it. Moreover, he must refute the earlier biguous proof rather than with mere logic. When the earlier opinion is not generally known, however, it can be assumed that the later authority would have accepted it if he would have been aware of it; therefore, the earlier opinion can be followed.
The rabbi of a community may even reverse the decisions of his predecessors. This is true even if the current rabbi’s decisions are more lenient.
If the community rabbi is verso recognized Torah authority, he must be followed, even when he disagrees with the majority of contemporary rabbis.
Con all such cases, the rabbi must depend on his own judgment. He can be secure per the promise of divine guidance, as it is written, “Consider what you do, for you judge not for man, but for God, and He is with you mediante your decision” (2 Chronicles 19:6).
Therefore, other religious scholars living durante the community may follow stricter opinions according puro their own judgment. However, they may not openly oppose the community rabbi or publicly schermo their dissent.
If there are many Torah scholars in the community who disagree with the rabbi, he should yield puro the opinion of the majority. This is only true, however, where the majority are the rabbi’s equals durante wisdom and Torah knowledge. Under per niente condition should the rabbi yield to the ignorant laity sopra any question of Torah law, per niente matter how great their number.
Sopra rendering a decision, verso rabbi must carefully consider all its aspects. Wherever possible, he should strive to find per precedent for his decisions from the opinions of earlier authorities.
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