[Avodah] sevara vs. psak

[David Riceman]

On 7/27/2010 2:04 PM, Micha Berger wrote:
> If this is so, then Chazal are talking about separate issurim.
It seems to me that you need to understand this gemara in the context of 
the sugya in Eiruvin (13b) about being metaher a sheretz in 48 different 
ways, and in the context of H. Mamrim 2:1 which says that a Sanhedrin 
can freely overrule a prior Sanhedrin's deductions from the 13 middos.  
Halacha is much more fluid than you seem to think it is; multiple 
sources will imply tohorah (or guilt), and one can draw multiple 
deductions from a single pasuk.
> Our basic disjoin is that you are paralleling different derashos to
> different sevaros, and I'm saying it's different issurim.
>    
I don't think this distinction is real.  In order for sevaros to be 
different they must have different halachic consequences, in which case 
they represent different issurim.
<<The Rambam's general mehalekh is that there is one truth, and it's our
> job to find it. Building proof for this general mehalekh is lengthy.>>
>    

But there's evidence against this as well; see Hakdamah L'PHM ed. Kafih 
p. 11 s.v. "hahelek hashlishi", see H. Mamrim 2:1 (cited above), and see 
MN II:11, to pick three examples from three of his major works.
> I also have a question WRT capital cases.... If the dayanim can't
> agree which pasuq he violated, what kind of hasra'ah did he get? How
> could multiple pesuqim count -- only one is punishable?
>    
See H. Sanhedrin 12:2.

David Riceman