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Answer: Setimat haposkim is a post-Talmudic tool for helping decide halacha. We have found several hundred occurrences of the phrase in the Bar Ilan Responsa Project, especially among Acharonim.
The thesis of setimat haposkim is that if a certain common halachic issue or a distinction in a halacha is not raised, or is raised in only a handful of sources, one can assume that the consensus of poskim opposes it. The logic is that if the matter had been accepted to a reasonable degree, it would have found its way into several rabbinic sourcesHow do we know, then, what the halacha is, when there are no sources on the case? Usually, one should assume that the simple understanding or practice is correct. If there is an accepted halacha but there is logic without sources to limit the halacha to certain cases, setimat haposkim indicates that there is no halachic distinction. Regarding a matter like the one you referred to, where the issue is whether to require a special act (e.g., of acquisition for the matza), setimat haposkim is a reason to not require an act that is not mentioned as necessary. Setimat haposkim is often used to reject a new stringency, as it would have been irresponsible for a large number of poskim to have omitted it, were it necessary. It can also be used to reject a novel leniency.
Scholars in many areas of research can use this tool. For example, if a researcher studying the history of a particular neurological disorder made an extensive study of medical records of a certain era and found no evidence of relevant symptoms, he might safely conclude that this disorder did not exist then or was extremely rare.
There are certain conditions that must be met in order to employ setimat haposkim. First, one must have searched through a sufficient number of sources. Sample size is always important, especially when drawing conclusions from what is not written. The necessary volume depends on a few factors. If the situation at hand is common, relatively fewer sources are needed. Regarding responsa literature, common issues would be expected to come up more often. Regarding codes, while codifiers cannot discuss every case, it is more important to discuss common issues.
Another factor is the proximity of the issue to topics in the literature. If there are detailed sources about cases similar to the issue at hand, the absence is more significant. Returning to our example, a medical textbook that surveys, say, 150 medical conditions can be ‘forgiven’ for not mentioning a given neurological disorder, but a detailed textbook on neurological conditions cannot.
One must be experienced and careful in using setimat haposkim and know how to analyze the background. In our medical example, perhaps in the studied era, the disorder was viewed as a psychological, not a neurological disorder, thus explaining its absence in the neurological contexts. Returning to halacha, perhaps the issue is common nowadays but was not in the past. For example, one should not dismiss pre-nuptial agreements due to a lack of source material on their past use since there were, in the past, fewer recalcitrant husbands and, consequently, a smaller need. Sometimes an issue is barely discussed because the answer was taken for granted. For example, the laws of a mechitza in shul became a relevant topic only when some people tried to do away with it and then only in certain circles. Previously, its existence and requirements were a given that did not raise halachic questions. Using grape juice for the Pesach seder was not discussed because grape juice was not available in the spring before the days of vacuum packing.
In our day and age, setimat haposkim is a more compelling tool than ever. We have access to far more seforim than our predecessors both because with every generation more works have been written and because we have easier access to more of them. There are works on virtually all topics that give summaries with extensive footnoting and indexing. Certainly, with powerful computer search engines that now exist, an experienced researcher should be more confident in coming to conclusions from what he does not find.
Bemare Habazak - Rabbis Questions (654)
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
