[Avodah] paskening by Nevuah

[Micha Berger]

On Fri, May 13, 2011 at 01:50:40PM +0300, Ben Waxman wrote:
: That is the difference between Moshe Rabbeinu and everyone else and why
: the Rambam writes (IIRC) that there was no difference between Yehoshua
: and Rav Ashi in the way they paskened.

According to the Rambam, the word nevu'ah when used WRT MRAH refers to
something that is different in kind than the other usages of the word.
Moshe didn't just have a higher degree of nevu'ah, he had a different
thing.

In any case, all of Torah rests on Moshe's nevu'ah, we couldn't dismiss it
for pesaq or else there would be no Torah to pasqen from! "Lo bashamayim
hi" is said at the /end/ of the trip through the midbar for a reason. The
meqalel and the question posed by benos Tzelafchad preceded the pasuq.

However, there is a difference in authority between laws made by a navi
and laws made by another rav. Even though the process is the same, laws
made by nevi'im can be divrei soferim, a plane somewhere more than the
regular derabannan.

This is an issue we discuss with some regularity before Purim, since
the R' Chaim Brisker (?) is medayeiq in the Rambam to conclude that
megillah for men is midivrei soferim, but it is a plain derabbanan for
women. (The Behag and Rosh hold that women can't read for men for a
different reason -- because their chiyuv is lishmoa, whereas a man's
chiyuv includes qeriah too.)

:-)BBii!
-Micha

-- 
Micha Berger             Today is the 24th day, which is
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