[Avodah] Dead-Letter Halakhoth

Marty Bluke marty.bluke at gmail.com
Sun Mar 18 06:53:10 PDT 2012


R' Micha Berger wrote:
<(Bamos were mutar before bayis rishon, during galus Bavel, and if one
would say -- as they did in Alexandria and R' Yitzchaq holds on Taanis 20a
-- "qedushah <sheniyah lo qidshah le'asid lavo" bamos would have been mutar
today.

See Tosafos Megilla 10a Umay Taama where Tosafos states in the name of R'
Chaim very clearly that after the Beis Hamikdash was built everyone agrees
that there is no heter bamos (see the Mishna above there, which states that
kedushas Yerushalayim ayn achareha heter). This position is adopted by the
Ritva and Ramban in Megilla as well and is also the position of the Rambam
(for a different reason, namely that the original kedusha of the Beis
Hamikdash was never batel).
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