[Avodah] onshin shelo nin hadin

[Eli Turkel]

On Sun, May 16, 2010 at 11:14:32PM +0300, Eli Turkel wrote:
: I recently saw the Ran on Sanhedrin 91 in the din of kipa that he says
: explicitly that this is only a n emergency rule but one cannot make
: a permanent rule since even a prophet cannot introduce new regulations.
: Therefore the Ran concludes that kipa
: must be a halacha to Moshe from Sinai...

Why couldn't he consider it derabbanan -- of which there are many new
refulations?

And for that matter, even the 7 tuvei ha'ir have the right to punish in
ways not mandated in Mes' Makkos. So I fail to see the whole chiddush
involved in kippah, where we have an actual Sanhedrin running a Jewish
community in EY.>>

The Ran learns that Kipah is part of dinei melech. So he disagrees with Micha
about 7 tuvei hair. The Ran would claim that 7 tuvei hair can only make
emergency rules for punishments but cannot introduce new rules
that are permanent such as kipa

As I have said several times before according to many (most?) achronim
we accept a kinyan that the merchants use but we cant have a rule that
no kinyan is needed even if that is common practice. ie there are limits
as to what common practice or 7 tuvei hair can introduce.
Since we no longer have a Sanhedrin it is only theoretical what they could do

-- 
Eli Turkel