[Avodah] Tartei d'Satrei

Micha Berger micha at aishdas.org
Thu Aug 22 12:03:45 PDT 2019

On Thu, Aug 22, 2019 at 11:47:41AM -0400, David Riceman via Avodah wrote:
> Of course the Sanhedrin ruled by majority, so following the Sanhedrin's
> psak entails the same problem.

The SA says in his haqdamah that he ruled according to the majority
of his triumverate -- the Rif, Rambam and Rosh. (Which stacks the deck
since the baalei Tosados make up the majority of rishonim, but their sole
voice is via the Rosh, and even then the Rosh can be outnunbered 2 to 1.)

And kayadua, there are numerous exceptions to that rule. And the mechaber
doesn't even feel a need to justify not following the majority.

I suggested that perhaps this is just it: the majority in one machloqes
forces a particular pesaq in what the SA felt was a related halakhah. To
avoid such cases of tarta desasrei.

But that's all fanciful. It would explain the data, but we have no indication
at all -- it would mean the SA saw a lot of non-obvious correlations. But
maybe one of you could find something I didn't.

However, that segues into a potential answer to your question:

Would the Sanhedrin have had two unrelated votes on halakhos where the
pesaqim are tightly correlated?

Tir'u baTov!

Micha Berger                 The Maharal of Prague created a golem, and
http://www.aishdas.org/asp   this was a great wonder. But it is much more
Author: Widen Your Tent      wonderful to transform a corporeal person into a
- https://amzn.to/2JRxnDF    "mensch"!     -Rav Yisrael Salanter

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