[Avodah] Halachic Methodology

[rabbirichwolpoe at gmail.com]

> That's quite a "it follows", especially if one views them as partial
> creators of the tradition.
> Joel Rich

The point is the presumption of hazakah. Two people describing the same
phenomenon are presumed to be in harmony. Of course a hazakkah is not
absolute when contradicted.

Tangentially:
The Rambam learns the first Mishnah of Yaddayim as referring to mayyim
sheni'I'm.
This is not the simple peshat

Rather the Rambam is basing himself upon the Tosefta. But the simple
read is that the first braisso is arguing with the first Mihsnah.

The Rambam is pre-supposing that the two texts are in harmony.

I know a colleague who is a passionate critic of this reconcilliation
process. Nevertheless it is well founded in Rabbinic literature.

See also Tosafos in Arachin re: women reading Megillah and his take on
the Tosefta, the Behag and the meimra of R Yehoshua ben Levi

KT
RRW
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