[Avodah] sevara vs. psak

[David Riceman]

RMB:

<<The problem you raise is the lumping together of one conclusion reached by

two different means as a single pool of votes. For this to be a problem,
you would have to assume that acharei rabim lehatos means among sevaros,
rather than among pesaqim.>>

A naive reading of the gemara indicates that it does mean the majority of sevaros.  See Sanhedrin 34a; the drasha doesn't indicate any restriction to dinei nefashos, and see Ramabm H. Sanhedrin 10:5.  OTOH Shach HM 25 SK 19 subsection 2 emends the text(!) in order to avoid this conclusion.

David Riceman