[Avodah] Pesak Paradox

[Micha Berger]

Ediyos 1:5-6 is interestingly self-referential.

Mishnah 5 opens:
    And why do they record the opinion of a single person among the many,
    when the halakhah must be according to the opinion of the many? So
    that if a court prefers the opinion of the single person it may
    depend on him. ...

And mishnah 6:
    Rabbi Yehudah said: "If so, why do they record the opinion of a
    single person among the many to set it aside? So that if a man shall
    say, 'Thus have I received the tradition', it may be said to him,
    'According to Ploni's [refuted] opinion did you hear it.'"

So, the rabbim say that the purpose of recording shitas hayachid is so
that someday a beis din can hold like it.

Whereas the yachid says that the purpose is so that we know that the
earlier ruling was based on explicitly rejecting that opinion -- so that
a beis din won't hold like it.

So, R Yehudah would say we should make a point of not holding like R
Yehudah, but the Chakhamim would be fine if a court would choose to
do so?!


Tir'u baTov!
-Micha

-- 
Micha Berger                 Today is the 41st day, which is
http://www.aishdas.org/asp   5 weeks and 6 days in/toward the omer.
Author: Widen Your Tent      Yesod sheb'Yesod: What is the ultimate measure
- https://amzn.to/2JRxnDF                   of self-control and reliability?