Date: 13 Jul 2004
Time: 08:14:09 -0700
I really shouldn't be the first, since clearly anyone who has studied the works of Rabbi Yosef Kafih would be well aware of the numerous (although a minority) of differences between the Rambam's law and Yemenite lore. Let us not forget that Halacha existed long before the Rambam and customs differing from the Rambam existed in Yemen well before the Rambam. But of course none of this has to do with the point made above. To decide for yourself that you follow only the Yad Hahazaka and do not consult or follow Teshuvot HaRambam or other works when applicable, is tantamount to what many academics do with the Rambam. They find themselves interpreting the philosophic works of the Rambam without paying mind to his halachic side and come to the conclusion that Halachah was unimportant to the Rambam. For instance the way the issue of Korbanot in the Third Temple is dealt with by many in the academia. Let me remind you that long before our generation there were Klalei Pesika that one who is qualified to decide Halacha follows. When one works outside of this framework, one needs to be carefull to make a very convincing argument why they do not agree with certain rules and standards. Making halachic decisions, is based on a great deal of factors and should be made when someone is aware of all of the factors involved.
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