The Gemara will often begin a sugya with an initial understanding (havah aminah) of a mishnah or halacha and as the Gemara continues will change until it reaches the maskanah. Often, the maskana will be different from the hava aminah but not entirely. The maskanah can change a specific premise that was proposed initially but not deny every premise that was proposed.

I have seen poskim explain their understanding of the Gemara and what premise(s) was ultimately rejected in order to paskin based off of the initial understanding's premises that were NOT rejected.

I remember seeing this done based off of premises explicitly presented by the havah amina that were not rejected by the maskanah.

My question is: Has a posek ever given a psak based off of a premise presented in the havah aminah that was not explicitly presented by the gemara (or a Rishon)?

  • 2
    This sounds like a good question, but I'm having trouble picturing exactly what sort of thing you refer to by "a premise presented in the havah aminah that was not explicitly presented". Can you give an example of such, please? – msh210 Sep 9 '14 at 5:17
  • Conservative poskim have. I'm not aware of any Orthodox poskim doing so. – Jake Sep 9 '14 at 11:40
  • Do you mean that things implicit in the HA can still affect halacha if they were not rejected? Rishonim will certainly use that- will provide explicit source if I can. However there does exist a counter-argument of "well, it didn't really mean it anyway, but a better answer was provided." – AKA Apr 17 '18 at 13:11

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