[Avodah] Amora Differing with Tanna

Rabbi Meir G. Rabi meirabi at gmail.com
Sun Oct 15 20:41:57 PDT 2023


 The Kessef Mishnah asks on the Rambam (Mamrim 2:1)  -  who rules that
a Bes Din Gadol, regardless of its status BeChochmah and
BeMinyan can overturn halachos of an earlier Beis Din Gadol but not
Gezeiros, Takanos and Minhagim (can someone explain how they differ from
one another?) which it can only overrule if it is greater BeChochmah and
BeMinyan (Seyagim BTW, whatever they are, can never be overruled)

 -  In that case why do we assert, asks the KM, that an Amora cannot argue
with a Tanna?

The Kessef Mishnah answers it is a convention. Indeed Amoraim may argue
with Tanaim, but they elected not to.
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