[Avodah] Davar Barur Baposqim

[rabbirichwolpoe at gmail.com]

A while back I explained that in the time of Shas [thru Rambam?], toeh
bidvar Mishneh did not and could not include the Posqim...

However by the time of the SA this principle COULD be applied to
Posqim. See SA ChM 25:1 who adds Posqim to the L'shon HaRambam WRT To'eh
bidvar Mishnah...

What changed? In the time of Gmara There was no force of Posqim and the
Rambam siezed the expression of shas - "haRambam L'shon haShas naqit"

This concept has already been expounded by AhS YD 242:32-33 to explain
the Rema. (Baruch shekivanti)

Shas allows a davar mefurash Battorah to be pasqened by a Sh'suy yayin,
and similarly the Rema is mattir "ledidan davar hamefurash baposqim"
 
KT
RRW
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