Preface to Igros Moshe

Igros Moshe (OC I Introduction) This book (Igros Moshe) consists primarily of answers that I have written according to what I ruled is the actual practical halacha to those who wanted to know my views. Even though it might have been better to refrain from answering with prescriptions of what to do as we see that many great Torah scholars refused to answer practical halacha because of the warning of Rav  (Sotah 22a) What means that which is written: ‘For she hath cast down many wounded’ — this refers to a disciple who has not attained the qualification to decide questions of law and yet decides them However the gemora concludes ‘yea, all her slain are a mighty host’ — this refers to a disciple who has attained the qualification to decide questions of law and does not decide. It was because of this that Rabbi Akiva Eiger is quoted by his sons in the Introduction to his volume of responsa, “I definitely needed to respond to all those who asked about the halacha so as not to violate the concern of being one who is capable of poskening but didn’t.” However those who refrain from poskening do so because even today the posek needs to posken correctly just as in the days of Rav. While it is true that the quality of poskim varies between generations as to what constitutes  being qualified to pasken but it is only contemporary poskim who can render psak and the requirement is for them to pasken fot their generation. Anyway it is impossible to find contemporary poskim of the same quality of previous ones. Thus the meanining of “attaining the status to be a posek” can not mean that they are the same high level as in previous generations and nevertheless they are obligated to pasken like Rabbi Akiva Eiger. Nevertheless the poskim  still need to be concerned that perhaps their psak is wrong. Consequently there are those who conclude that because of the possibility of error they won’t pasken and Rabbi Akiva Eiger is not typical because of his greater self knowledge.  Therefore some minor figure such as me who lacks proper Torah and wisdom should obviously refrain entirely from paskening and surely not to publish them which is like pasening for the whole world. . In spite of this my justification not only for poskening but publishing them in a book is that the scholars of each generation not only can but must pasken even though they are not on the high level of “attaining the status to be a posek” of the time of the gemora and thus there is a genuine concern  that they might be wrong. from the perspective of Heavenly Truth. In fact it has been stated that the truth of psak is not in Heaven but on Earth. That means that the validity of psak is sufficient if it appears to a tamid chachom after proper study to clarify the relevant gemoras and poskim according to his ability done with seriously with appropriate fear of Heaven. It is sufficient that if he is satisfied that the psak is correct he is obligated to pasken, even if in Heaven he is clearly wrong. In fact not only is this legitimate psak but it is also described as “the words of the living G-d” since it appears to be correct and nothing contradicts it. He will be rewarded for his psak even if it is wrong as is seen from the gemora (Shabbos 130a).  Thus the true psak is that there is an obligation to pasken and that one is rewarded fot doing it is simply that which the talmid chachom understands after diligent study with his full ability – even if his conclusion is not true in the absolute objective sense.  In fact this understanding applies to all the rabbinic disputes including that of the Rishonim and Achronim in which some  conclude something is prohibited while others say it is permitted. As long as the halacha has not been conclusively decided like one position everyone is free to decide which view applies in their place and each is viewed as being true even though they contradict each other and only one view can be objectively true. Both sides are rewarded for their psak.  Thus we see that there are many disputes between different communities even involving the most serious sins as some follow the Rambam and Beis Yosef while others follow the differing views of Tosfos and Remah. Both views are seen as the word of the living G-d even though the objective halacha in Heaven is only in agreement with one side.  We see in Sanhedrin that a judge might be afraid to making a ruling because he might err in judgement and will be punished for his error. Therefore the Torah says that G-d will be with you in judgment. That means the dayan is only responsible for what he sees, soif he did his best he will not be punished for errors. The requirement to pasken and judging is even when it is not actually true. Consequently according to this definition of the true psak  such is also found in the present generation and thus we also are required to posken and judge. The warning found in Bava Metzia that the accidental errors of a tamid chachom are considered intentional sins only means if he did not try hard to determine the truth but when  he exerts himself fully  he is obligated to pasken  for which he will always be rewarded. This is what I relied on to pasken and respond to questions. I responded with what seems to me  in my humble opinion after I clarified the matter with great effort to determine my answer. In addition I have written the reasons I came to that conclusion and therefore I am merely like a tutor to the person who is asking the question since he can retrace the process himself and thus decide for himself and I am not serving as a posek at all just as Rabbi Akiva Eiger said in his introduction.  It seems from the gemora about Dovid serving as a posek that there is an obligation  for a posek to answer all those who ask questions and it is forbidden to send them to another posek. That is why I answered all those who asked me .  I have therefore decided to print my answers since I am merely serving as one who clarifies and explains the halacha and not as a posek. Other talmidei chachomim and poskim can readily  understand my reasoning  and decide for themselves whether to agree with my conclusions.  It is easily seen that I did not blindly accept the views of others even that of the great poskim. In fact |I carefully examined with all my ability to try and understand whether they were correct as is commanded by Rabbi Akiva Eiger in his Introduction.  Therefore I ask all those who study my sefer to carefully examine  everything I said before deciding what the actual halacha is. This also very beneficial  in knowing how to clarify the halacha. Thus my sefer will serve to teach the halachic process