Halachic Process, part I

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  1. Richard Wolpoe says:

    Re: hasiba
    OK the Bavli require Hasiba whilst reclining [leaning on the left]
    Tosafos notes that we do not eat on smll tables but around large ones.
    The Rabiya claims tht his requiremnt is no longer applicable in our society

    But the Yesushalmi obivates this problem by noting that the Seder rquires Hasiba in order “not to eat standing like a servant [eved] ”

    I have not seen teh Ra’abiyah inside but I have not noticed any of the poskim factoring in this Yerushal inot the equation. Why not? if would be a perfect ‘snif” to be mattir NO hassiba in modern times.

    Here is the fuzzy logic:
    Y requires just don’t stand
    B requires leaning on left

    pesak followed B

    But now that we do not dine like they did in ancient times why not shift to the Y model anyway w/o any sophisticated arguments to back this switch?


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