[Avodah] Kashrus and Shabbas

[Micha Berger]

On Wed, Dec 23, 2009 at 06:40:07PM +0000, rabbirichwolpoe at gmail.com wrote:
:> but Hil' Mamrim is quite clear that both require a beis
:> din hagadol."

: No rambam has several w/o BD hagadol

I need to see actual examples where the Rambam uses the word taqanah or
gezeirah. And in the latter case, a minhag can also be a fence around
accidental aveirah, so I would need to see the word gezeirah w/out it
being called a minhag. Such as Hil Chameitz uMatza clearly refers to a
minhag when it says (5:4) "nahagu mipenei gezeira"... 

Mamrim 2:2 continues 2:1 which refers to a beis din hagadol. Which is
why he later asks how it's possible to have "gadol mimenu ... beminyan"
since every Sanhedrin is 71 people. If a lesser BD could make a gezerira,
there would be no reason to assume it had 71! Also, gezeiros and taqanos
only exist (according to 2:2) if nispasheit bekhol Yisrael, which also
implies they were made by a national beis din.

You're using a duck test, "if it looks like a gezeirah, it's a
gezeirah". That don't work in legal process. Iska looks like ribis,
but it isn't.

Tir'u baTov!
-Micha

-- 
Micha Berger             Never must we think that the Jewish element
micha at aishdas.org        in us could exist without the human element
http://www.aishdas.org   or vice versa.
Fax: (270) 514-1507                     - Rabbi Samson Raphael Hirsch