[Avodah] chiddush on tisha ba-av

[Eli Turkel via Avodah]

Summary of a shiur by Rav Algazi that I heard today. As usual a short
summary does not do justice to the shiur

Gemara Megillah 5a Rebbi tried to uproot (la-akor) and they didn't agree
with him (lo hodu lo).
Tosafot is disturbed how Rebbe could do such a thing and gives 2 answers
1) He wanted to reduce tisha ba-av to the level of the other fast days
2) He wanted to move the fast to the 10th of Av
See also Ritva on this gemara that discusses this in more detail

Problem: The gemara uses the word uproot and it doesn't seem to imply some
small change.

R Algazi's answer ( explaining simple pshat not tosafot/Ritva)
1) Rambam says that a bet din can override a previous bet din if it is
based on interpreting pesukim but not for gezerot.
2) Rambam holds that Jerusalem and bet hamikdash have their kedusha forever
because the schechinah is always there even after the churban (Raavad
disagrees)
3) Yevamot 79b Rebbe says that the monetary portion of the Netinim
(Givonim) is over with the churban but not the religious part
(chelek mizbeach)

So R Algazi claims that Rebbe holds like the Rambam (anachronistic) that
even after the Churban the place of the mikdash retains its holiness and in
principle we can continue to bring korbanot. Hence, even with the
destruction of the Temple not everything is destroyed and hence we have no
need for Tisha Ba-av as the schechinah is still resting there. Since this
is based on his interpretaion of pesukim Rebbe could disagree with a
previous psak of the Sanhedrin

Of course we don't pasken like Rebbe (lo hodu lo)

-- 
Eli Turkel
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