[Avodah] 2 days yom tov
Eli Turkel
eliturkel at gmail.com
Mon May 5 08:06:08 PDT 2008
The criterai of Shas is "minhag avoseinu beyadeinu"
If you use the borders of EY as a practical proxy for the original Talmudic
norm then I woudl simply suggest revising that to a pragmatic use of the
medina's borders.>>
There are several ways of learning the gemara.
1. 1/2 days of yomtov depends on where the shelichim came literally.
This seems to be the Rambam and the basis of the chumrot of the
Brisker Rav and CI
2. Depend on what people in bayit sheni did in that neighborhood.
This is basically the shitah of the Chacham Tzvi and so one keeps 1
day where they
kept 1 day in bayit sheni and keeps 2 days where they kept 2 days then
3. This is a new gezerah from chazal in the days of Abaye and Rava.
The gezera distinguished between EY and chutz la-aretz and does not depend
on what happened in that location in bayit sheni (ie not like #1 or #2) In fact
some rishonim learn that the point was to stress the importance and
difference of EY
even in galut days.
This seems to be the position of SA and many modern poskim.
According to this viewpoint one has to define what is EY and what is
not. There does
not seem to be any halachic reason to identify with the modern borders of Israel
any more than the borders of EY for terumot and maaserot or shemitta
do not coincide
with those of the modern state
--
Eli Turkel
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