[Avodah] halacha kbatrai

[Micha Berger]

On Wed, Jan 23, 2019 at 02:39:43AM +0000, Rich, Joel via Avodah wrote:
: The Maharik (84) posits that we only apply halacha k'batrai (the law
: follows the latter decisors) after the time of Abaye and Rava because
: before that time everyone only learned their teachers' traditions
: whereas in their time they would learn all the traditions...

C.f.
- Rif BB15a; Shavu'os 29b
- Chidushei haRamban Gittin 20a, 50a
- Pisqei haRosh Eruvin 2:4; Qiddushin 2:8

There is even a machloqes rishonim about which side of the line Avayei
veRava themselves are on. E.g.
- Rif BQ 8b
- Milchamos H' leRamban Sukkah Rif 2a
- Nimuqei Yoseif BQ Rif 8b
- Ritva Nedarim 26b

(H/T Hebrew Wiki, confirmed only by a quick skim. Don't blame me!)


Academics talk about appx 308-appx 351 or 352 CE being the period in
which Abayei veRava compiled a proto-Talmud. To explain the dates:

The death of Diocletian (308) brought a political mess to EY, and by
308, there were no rashei yeshiva there. This would explain why there
was suddenly a desire to formalize and structure more of TSBP.

Rav was niftar in 351 or 352.

Then this grew into our actual shas:

Rav Ashi's Sanhedrin closes in 391 or '2. Rav Ashi passes in 422.
Ravina bar Huna (the probable Ravina meant when R' Ashi is named first,
as in "Rav Ashi veRavina sof hora'ah") was niftar in 474 or '5.

But what the 

Tir'u baTov!
-Micha

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