[Avodah] Peshat and Drash (Was: Re: Meshech Chochmah on Kedushah)

[H Lampel via Avodah]

On 4/28/2015 12:24 PM, Micha Berger wrote:
> I thought it was well accepted that the Rambam's position in HLMS
> is inconsistent, that he mentions numberous machloqesin in dinim
> he himself labeled HLMS.... Chavor Ya'ir teshuvah 192...examples are numerous.
>
> Possible resolutions:
>
> - No machloqesin in the essence of the matter, but there can be in
>    details. (the CY's conclusion.)
I don't think that is the Chavos Yair's conclusion. He leaves the matter 
bewildered, as Rambam appears incomprehensible and self-contradictory.
> - Im halakhah hi neqabel -- no machloqesin in something both sides agree
>    are HLMS.
With the modification of the word "against" in place of the word 
''in,''  this is my conclusion, and that of the Maharatz Chayos. The 
Rambam is addressing the Karaite argument that even Chazal did not 
really consider the laws they called "payrushim mekuballim" and HLMS 
(the latter being payrushim mekuballim that lack indications planted in 
the Torah) to have literally come from Moshe Rabbeynu. That's why, the 
Karaites argued, Chazal felt free to dispute them. The Rambam explains 
that Chazal never disputed laws that made it to them from Sinai. The 
disputes are over issues ''branching out'' from them. Thus, '' There is 
no machlokess against any payrush that is known to have come from Sinai.''

This understanding fits very well in the Rambam's words, in the context 
of which he was talking and the issues he confronted; and eliminates 
what would certainly be a mess of the self-contradictions and open 
contradictions from the Talmud that the CY lists.

Another concern raised by the CY is the fact that the Rambam seems 
inconsistent between the Mishneh Torah and his list in the hakdama to 
his Mishneh commentary in that some laws he labels as HLMS in one work 
he does not in other.

Zvi Lampel

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