[Avodah] Eilu v'eilu

[Micha Berger via Avodah]

On Mon, Apr 20, 2015 at 02:30:15AM +0000, Kenneth Miller via Avodah wrote:
: But then, as I was reviewing this post, my mind turned to the Tanur
: Shel Achnai. R' Eliezer had a minority view, and R' Yehoshua was in
: the majority. I've got to believe that both views were firmly grounded;
: this machlokes was surely just as L'Shem Shamayim as any between Hillel
: and Shammai. I'd *like* to say that Klapei Shmaya, both views were Truth.

And if not, how would we justify following the majority over Divinely
revealed truth?

We discussed bas qol, and why we follow the bas qol that says "vehalakhah
kebeis Hillel" despite the anur shel achnai story. I listed the opinions
in the Encyc Talmudit here
<http://www.aishdas.org/asp/legislative-authority-of-bas-qol>

It's not 100% accepted that the bas qol was really endorsing R' Eliezer's
opinion in this particular machloqes, rather than defending his shitah
in general -- "halakhah kemoso bekhol maqom", or that it was a test.
Both suggested by R' Nissim gaon. Similarly one of the answers in Tosafos
is that it was about R' Eliezer's kavod, and not a Divine statement to be
taken literally about din. All three would imply that we would follow a
bas qol over halachic process, and so they had to explain how the tanur
story wasn't an example. Thus implying that what we are searching for
is the truth rather than legal authority.

RNG's position on the tanur shel achanai story supports RMHalbertal's
theory that in the geonic era, the Retrieval theory of halakhah dominated.

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 24th day, which is
micha at aishdas.org        3 weeks and 3 days in/toward the omer.
http://www.aishdas.org   Tifferes sheb'Netzach: When does domination or
Fax: (270) 514-1507        taking control result in balance and harmony?