[Avodah] halachah lemoshe misinai

[Zvi Lampel]

Date: Tue, 24 Oct 2006 from: Yzkd at aol.com
Subject: 
To: avodah at lists.aishdas.org

In a message dated 10/24/2006 7:23:57 PM Eastern Daylight Time, 
eliturkel at gmail.com writes:

In a class we discussed the Rambam that there are no disagreements in
halacha lemoshe misinai and the questions of the Chavot Yair.

Can anyone point me to answers for the questions of the Chavot Yai?

RYZ:
> Maharatz Chayos in Mammar Torah Sheb'al Peh (page 115) brought only 
> partially in Encyclopedia Taalmudis Vol. 9 page 370. 


In Dynamics of Dispute (Judaica Press, 1992) I develop the answer given by Maharatz Chayos.
Very briefly, besides the gemoras cited by the Chavos Yair, the Rambam himself in Hilchos Shofar states that over the years the correct way of fulfilling the biblical commandment of blowing the shofar was forgotten. And in his mishna commentary on Aidios, he explicitly speaks about a machlokess regardong a halacha l'Moshe MiSinai. (The Rambam's position is not only regarding HLMS--remez-less halachos told us us by Moshe Rabbaynu--but any payrushim mekuballim miSinai.)

When the Rambam says that there is no machlokess on any payrush we received from Moshe Rabbeynu, he means no one contests that which is verified to be a reliable transmission. (In our parlance, we would say there is no one /choleik/ on a payrush mekubal miSinai.)
In Dynamics of Dispute I suggest that the Rambam is addressing the confusion introduced by the Karaites, who claimed that the existence of machlokos shows that the rabbis lost any payrushim that might have been given by G-d, and that it was because of this that they felt free to contest any kaballa anyone claimed to have.
Zvi Lampel.
P.S. I will be happy to email a list of corrections to Dynamics to whomever requests it (and did not recieve it yet.
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