[Avodah] Rambam omitting sources.

[Ezra Chwat via Avodah]

H Lampel wrote:
"I am unclear how the Rambam gets this peshat in the Mishnah ....[Edyot]
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."

No one is more qualified to explain Rambam, than Rambam. In his Perush
'Sharkh alMishnah' in Edyot , he clarifies his understanding of this
Mishnah as only Bdi'eved: "kad 'amal", that is- if there was a Bet Din
that 'already' held and practiced like the minority, their position would
stand until an empowered bet din would overturn it. When the given bet
din originally practiced it, in was not yet a minority opinion. This could
only happen before the conclusion of the Mishnah. After the codification,
the majority becomes Davar Mishnah and the psaq-according-to-minority
would overturned automatically (TB Sanhedrin 33a). A ruling that's not
explicit in Mishnah would continue to be open for plurality until the
conclusion of the Gemara (Rambam MT Sanhedrin 6:1).

"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."

Very well put. In his introduction to MT, Rambam even holds that
Halakha was universal until the conclusion of the Talmud. Uniformity of
Halakha was only lost in the ensuing 7 centuries. When this too became
unattainable, Rambam allowed himself to return the Torah Sheb'al Peh
to its original condition: "without questions and answers". Rambams
authoritative position ,may have been acceptable in the centralized
yeshivot of Africa, Andalusia and Asia, who were used to poskening
by authoritative post-talmudic Halkhic handbooks (like HG, Rif)
anyway (Shut RI migash 114). Unfortunately for Rambam, this stance was
obsolete-upon-inception in Europe, where local rabbis where still deciding
according to their understanding of the Talmud (Rosh, Sanhedrin ibid).

On the other hand (In Rambam himself, internally, there's always another
hand), in his epistle to Lunel, Rambam appears to agree, at least in
principle, with the Europeans. Here he writes that only because Talmud
study outside of Europe was so shallow, Rambam was forced (Bdi'eved?) to
conceive a uniform Code.

Ezra Chwat