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

[Micha Berger via Avodah]

On Tue, Aug 16, 2016 at 03:43:03PM -0400, H Lampel via Avodah wrote:
: Any matter that Rebbi considered closed, he recorded as a stam mishna 
: (despite our knowing from other sources that it was originally a matter 
: of dispute). When he recorded his own opinion together with an opposing 
: one, whether that of an individual or a rabbim, it was before a formal 
: vote was taken, and he still hoped to convince the other side.

SO he didn't hold of yachid verabbim halakhah kerabbim, which renders
many mishnayos to be discussions of settled halakhos? For that matter,
halkhah keBeis Hillel also closed the discussion in numerous mishnayos
before Rebbe's day.

: > So then how does he qualify as sof hora'ah?
: 
: He doesn't. Rebbi and Rebbi Nosson were Sof Mishnah. Only Rav Ashi and 
: Ravina were Sof Hora'ah (BM 86a).

Exactly... R Ashi and Ravina record machloqesin, meaning -- according
to the Rambam -- that he didn't considered these halakhos closed. So
how did the Rambam also hold that they were sof hora'ah?

As I wrote:
:>   If they're giving hora'ah,
:> and hora'ah is supposed to look like Mishnah Torah, why didn't Rav Ashina
:> and Ravina write the Rif rather than shas?
: 
: The Mishna was not meant for hora'ah; only the Gemora was...

What do you mean by "hora'ah"? Rebbe clearly intended to pasqen.

But in any case, we are talking about hora'ah.

: were still somehow practicing the rejected halacha. Analysis, knowing 
: and understanding the different opinions and who held them, is called 
: "gemara" , and that indeed was the presentation in Rav Ashi's work.

Yes, as per Hilkhos Talmud Torah and "shelish bemishnah, shelish
begemara".

: You'd have to bring me specific examples to illustrate this alleged dispute between Rambam and most rishonim. And again, I'd like tounderstand what you meant by rishonim using "pieces" to "invent" or 
: "construct" halachos in a way different from how the Rambam does so. 
: Can you give any specific examples of pesak contrasting Rambam's with 
: the alleged dominant position? ...

Do you agree with RMH, though, that they do described what machloqes and
pesaq are in very different ways? He provides translations and citations.
There theory of halkhah and thus hashkafos are stated outright, regardless
of whether there is a pragmatic consequence that we will both agree on.

As for examples, didn't we discuss chatzi nezeq tzeroros more than once?
(Rashi explains the misnhah according to the gemara, because later pesaq
defines the real meaning of earlier. The Rambam pasqens according to
peshat in the mishnah, leaving us guessing why.)

But in general, difference would show up in mamrim, since that's where
the halakhos of how to make halakhos come to the fore.

Tir'u baTov!
-Micha

-- 
Micha Berger             I always give much away,
micha at aishdas.org        and so gather happiness instead of pleasure.
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