[Avodah] Tartei d'Satrei

[Micha Berger]

On Sun, Aug 25, 2019 at 12:55:05PM -0400, David Riceman via Avodah wrote:
> RMB:
>> Would the Sanhedrin have had two unrelated votes on halakhos where the
>> pesaqim are tightly correlated?
> 
> I looked for this over Shabbos. I didn't find anything conclusive,
> but I did find some hints. Conceptually, though, that would imply that
> the Sanhedrin can't function as a court of appeal for normal disputes,
> which seems unrealistic.
> 
> See. H. Sanhedrin 10:5.
...
> I'm guessing here that RJR's inconsistencies are correlated the the
> Rambam's ta'amim. But see Shach HM 25 SK 19:2
> http://beta.hebrewbooks.org/tursa.aspx?a=cm_x8762
> who suggests that there is a typo in the Rambam.
> 
> And see Pischei Tshuva SK 7 there who cites the Noda B'Yhuda second
> edition HM 3 (which I didn't't look up inside) confirming a psak BD
> based on two contradictory ta'amim (with the third judge advocating no
> monetary award)...
...
> And there is an issue d'orayysa for a judge to refuse to rule after
> having decided a case, so I don't see how RMB's elegant suggestion would
> be viable.

I missed the connection.

I am not talking that it's assur to rule on the same question in BD,
or even the topic I thought we were talking about -- related questions.

Rather, that Sanhedrin has an obligation to find consistency. So that if
rov end up holding Y on the second question, that rov could overturn a
vote which ruled X on the first one. That you can't vote on one case
without simulatenously it being a vote on the other.

Admittedly, it's just something I made up. But I don't see the connection
you're making between my hypothesis and the case you're discussing.

In fact, that Rambam and Shakh came to mind before you wrote them --
you have brought that sugya to our attention enough times I was bound
to think of them whenever the words "Sanhedrin" and "consistency" come
up. Just letting you know, someone listens.

But...

You are jumping from having inconcsistent te'amim for a single (and
thus consistent) pesaq to allowing for two pesaqim for which no set of
consistent te'amim could exist.

And again, I am totally missing why appeals comes into this discussion.

You have to spend more time explaining; you lost me.

Tir'u baTov!
-Micha

-- 
Micha Berger                 Never must we think that the Jewish element
http://www.aishdas.org/asp   in us could exist without the human element
Author: Widen Your Tent      or vice versa.
- https://amzn.to/2JRxnDF                   - Rabbi Samson Raphael Hirsch