[Avodah] 2 days yom tov

[Richard Wolpoe]

On Mon, May 5, 2008 at 11:06 AM, Eli Turkel <eliturkel at gmail.com> wrote:

> 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
>

FWIW Rambam hoklds a gziera/Takkanah becasue he holds that today thre is no
mah nafsahach for nolad on day  nor for a conditional eruv Tavshillin



>
> 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
>

KI know the Chacham Zvi says this but I ahve been looking for the source.
Anybody know which tehsuva [i hve TWO editiosn of Hacham Zvi and I still
cannot find it!]


>
> 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
>

re: #3 I do see your point.   It stil l makes sense to me to redraw the
borders for this aspect since I definitely hold of the minhag avos aspect
-although Rambam rejects this


-- 
Kol Tuv / Best Regards,
RabbiRichWolpoe at Gmail.com
see: http://nishmablog.blogspot.com/
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