Date: 13 Jul 2004
Time: 08:22:27 -0700
In the symbolic logic course I took in College, they taught me that it was a 'fallacy of logic' for the 'Onus Probandi' to fall onto the original source --which noone denies was to wear tafilin all day. Perhaps if this was in dispute from the start, you may have a point. If anything, the burden for proving the case "not to wear them all day" should squarely fall on the people who refuse to do it now. And in case you would accuse me of 'argumentum ad antiquitum', I still say that the source material and Yad are clear that it was definitely meant to be an all day miswah from the start, regardless of the fact that I AM arguing from the oldest opinion and source. Either way, I reject any inference that the onus is on me as the Yad and Torah are with me --certainly in pshat--which is how the Yad was designed for the laymen. But certainly the Yad included the very same Talmudic and historical considerations you brought down in your previous correspondence.
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