[Avodah] Rambam omitting sources and Rambam regarding Prophecy (Was: Re: Prophecy)

[Micha Berger via Avodah]

On Wed, Jul 20, 2016 at 09:53:02PM -0400, H Lampel via Avodah wrote:
: The Rambam, in his response to the criticisms of R' Pinchas HaDayan, 
: addressed this issue explicitly...
: In this fascinating letter, he also adds some other considerations:

:> See how explicit it is! -- that it is /improper/ to mention anything but 
:> the finally decided-upon halacha alone, and it was only necessary to 
:> mention opposing opinions during those times that some practiced one 
:> way, and others practiced a different way, when some obtained the law 
:> according to one sage's opinion, and some according to another sage's 
:> opinion...

I am unclear how the Rambam gets this peshat in the mishnah.

Edios 1:4 says the motive for mentioning both shitos in machloqesin
between batei Hillel veShammah is "to teach future generations, so that
a person does not stand on his words. For even the avos holam did not
stand on their words."

To teach middos, that others learn for Beis Shammai's (and occasionally
BH's) example about how to lose a machloqes. Middos without which the
kelalei pesaq wouldn't work.

1:5 goes on to explain other rejected opinion, is particular daas yachid
when there is a rabbim, although it could be other quashed opinions
equally.

And this is because some day, there may be a beis din empowered (gadol
mimenu bechokhmah uveminyan) who may choose the other side.

Speaking even more generally, the AhS makes a point in preserving the
full fuzziness of the law. You don't know when you might need a senif
lehaqail or a din for a seh'as hadechaq, and you need to know the full
field of divrei E-lokim chaim.

The Rambam's desire to avoid that fuzziness derives from his uniquely
Accumulative approach to halakhah. The majority of rishonim believe
that halakhah is Constitutive. IOW, the Rambam believes correct pesaq
is discovered by the poseiq, whereas the doinant position is that it is
invented. To the inventor, other positions are pieces that go into
the contrution. To the discoverer, they are wild geese to chase.

Tir'u baTov!
-Micha

-- 
Micha Berger             When memories exceed dreams,
micha at aishdas.org        The end is near.
http://www.aishdas.org                   - Rav Moshe Sherer
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