[Avodah] Amora Differing with Tanna

[Zvi Lampel]

In Dynamics of Dispute/Understanding Machlokes, I noted an intriguing (but
supported by several Gemara passages) assertion by the Rambam (Mamrim 2:1):
A Bes Din Gadol, regardless of its status b-chochmah u-b-minyan, can
overturn halachos an earlier Beis Din Gadol generated by means of
darshaning pesukim. (Something it may not do regarding rabbinical decrees.)
I then noted a problem: An Amora's opinion is generally expected to be
consistent not only with the Mishna's final decisions, but also with at
least one Tanna's, and I questioned why this must be so regarding d'oraisa
halachos in face of the Rambam's assertion. (I.e., why can't an Amora
suggest the Bes Din Gadol of his time overturn a halacha arrived at through
darshaning?)

I proposed that an explanation for this is that from the Yerushalmi on Peah
2:6 we see that the head of the first generation of Amoraim, Rebbi Yochanan
bar Nafcha, instituted the policy of refraining from questioning any Mishna
(even on non-rabbinical halachos) on the grounds that it was no longer
clear which d'oraissa halachos stated by Tannaim had originated through
drashos, making them contestable, and which originated from Sinai, making
them incontestable.

I came across a Gemara passage that at first sight disproves this, but
after consideration supports it.

Chagiga 9a has a machlokes between Rebbi Oshiya and Rebbi Yochanan himself
(concerning tashlumin of a Chagiga offering that one did not offer on the
first day of Sukkos. They disagree over how to understand the pesukim, and
the Gemara points out the nafka minah between them.

Now, Rebbi Oshiya was a Tanna. Indeed, his braisos (nusachs of
Mishnah commentary) were considered fully reliable (as well as those of
Rebbi Chiya). How could the Amora Rebbi Yochanan disagree with a Tanna over
how to understand the pesukim and the Mishnah's understanding of them? What
happened to his fear that a Tanna's assertion is a kabala miSinai?

Moreover, Rebbi Yochonan was the talmid muvhak of Rebbi Oshiya. How could
he disagree with his rebbi?

But therein lies the answer! Being a talmid muvhak of Rebbi Oshiya, and
having this machlokes face-to-face with him, Rebbi Yochonan would be very
aware of whether Rebbi Oshiya's interpretation of the pesukim was a kabala
miSinai. Rebbi Oshiya would surely tell him! So since he knew that the
interpretation was a sevara and not miSinai, Rebbi Yochonon felt free to
disagree.

Zvi Lampel
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