What are the Halachos on the matters which fit the models of the various circumstances left as unreselved?
Do we encourage proposals and discussions of solutions to these problems?
Are there commentaries which offer gemara-style reasoning and their proposed resolution on these unresolved problems?
Robert
Dear Robert
Shalom and thank for your inquiries. There are guidelines on how to rule on issues which remain unresolved. In monetary issues the general rule is that the person who is in possession may hold on to the money. If however the other person grabs it away, the Beis Din cannot obligate him to return the money.
Do we encourage proposals and discussions of solutions to these problems?
According to the Yad Mal'achi there are two opinions on the issue. The first opinion differentiates between two types of unresolved issues. There are those which the Gemorah concludes with the word "Teiku", meaning this is the way it stands (according to one explanation, until Eliyahu haNavi shall resolve it). Such issues according to this opinion cannot be resolved. In contrast, there are some unresolved issues which the Gemorah leaves open. These can somewhat be resolved with proofs brought from other Masechtos.
The second opinion maintains that even if the Gemorah concludes "Teiku", it is possible to resolve the issue from Mishnayos and Beraysos found elsewhere.
Kol tuv.
Yehuda Landy