[Avodah] Rice and Corn May be Eaten for the Entire Day of Erev Pesach

Arie Folger afolger at aishdas.org
Fri Mar 29 05:49:36 PDT 2013

RMRabi wrote about the conflict between Rabban Gamliel and Rabbi Yehoshua'
regarding setting the date for Yom Kippur:
> The answer - it was not a Pesak. There was no suggestion that Yom
> Kippur MUST be kept according to the BD calculation - as per our other
> discussion about Who Brings the Chatos. Such a demand CANNOT be
> issues by BD. Therefore it was merely a request to prevent a major split
> amongst the community but was not a demand that one's opinion be
> quashed by the ruling of the BD.

Arguably, R' Meir, this is one of teh worst examples you could have
brought, since the conclusion of the sugya is exactly what you deny,
namely, that even if BD erred or even intentionally declared rosh chodesh
on the wrong day, their date is binding.

Upon investigation, this whole matter is a disagreement between Tannaim, as
can more clearly be seen in the Tosefta IIRC. The Benei Beteira took the
position RMR likes, namely that this was a practical matter. But it's Rabbi
Aqiva who carried the day by stating that reality be damned, what matters
(here?) is what BD decided.

Of course, depending of how expansive or restrictive one wants to interpret
that sugya, it may be generally interesting and applicable to RMR's theory
of psaq, as well as to the thread between RMB and R'nLL regarding whether
Halakha deals with reality directly or through the legal process. Or, by
interpreting the sugya in a minimalistic way, it may just be an exception.

Gutmo'ed and gutshabbos,

Arie Folger,
Recent blog posts on http://ariefolger.wordpress.com/
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