[Avodah] border issues

[Danny Schoemann]

> From: Eli Turkel <eliturkel at gmail.com>
>
> In terms of disputes it is practically impossible that there was no
> machloket until the days of the "zugot".  We know that there was
> a machloket whether David was fit to be king being a descendant
> of Ruth the Moabite. Thus, according to some opinions the entire
> descendants of Ruth were not eligible to get married, not a minor
> concern.

See Tos. "Yossi ben Yoezer" in Chagiga 16a.

Ad lib overview:

There was a single Machlokes between the Zugos, regarding Semicha on
YomTov. This was the first non-resolved Machlokes.

Hillel and Shamai argued about 3 other issues that went unresolved.

Their numerous students - having not done enough Shimush - started
arguing about lots of issues.

King David's argument doesn't count since he was a minority opinion
overruled by Shaul's Bet Din. (This refers to the MeKadesh
beMilveh-uPruta argument. His Amoni/Amonit Chidush is not discussed.)

So says Tosafot.

While the Sanhedrin existed / until the later years of the 2nd Bet
HaMikdash, every Machlokes was resolved and the resolution became
Torah MiSinai. (The Mishna in AZ 11:2 describes how an unresolved
argument would float up the ranks until - if needed - it reached the
Sanhedrin.)

Not sure how/why the issue regarding Semicha was not resolved that
way. It clearly got stuck at the level of the Sanhedrin, since the
"Zugot" were the Nassi and the Av Bet Din by definition.

Assumedly, the Amoni/Amonit Chidush was ratified by some Bet Din
during Ruth's lifetime; though one can understand that troublemakers
would dig it up when trying to dethrone King David.

- Danny