<div dir="ltr"><br><br><div class="gmail_quote">On Sat, Sep 6, 2008 at 7:36 AM, Meir Rabi <span dir="ltr"><<a href="mailto:meirabi@optusnet.com.au">meirabi@optusnet.com.au</a>></span> wrote:<br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
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<p><font size="2" face="Arial"><span style="font-size: 10pt; font-family: Arial;" lang="EN-GB">Rashi explains DivRey RiVos BishO'Recha, Devarim
17:8, matters subject to dispute as a dispute between the Sages some saying
permitted and others prohibited etc. Since the matter is unresolved it is taken
to Ym for resolution at the Sanhedrin. Why is it not resolved through the regular
system of voting and following the majority?</span></font></p>
<p><font size="2" face="Arial"><span style="font-size: 10pt; font-family: Arial;" lang="EN-GB">This is how the Siforno explains the Passuk and this
seems to be far closer to the Poshet Peshat.</span></font><span lang="EN-GB"></span></p>
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</blockquote></div><br>AIUI the Sefer hachinuch to Mispatim says [or really suggests] that we still follow ROV. We don't need a formal voting process. And if the case is too close to call then it stands [like a Teiku] as a still ongoing debate. <br>
<br clear="all">There are gazilloins of sources out ther to support this, but the 2 vs. 3 matzah deate is useful because the BY states Rov [no his words] to overrule his Rf/Rambam default and the Kaf Hachayyim echoes this with Rov Ahcarhonim against the GRA's opbjection. So the same case has 2 posqim of 2 era's inovking the same over-rdiing principle.<br>
<br>I would humbly suggest that anyone engaging in this debate see the sources inside including BY, GRA, Kar Hachayyim etc. You can even add the Gmara, Rif, Rambam and Rosh [I have not seeen the Rosh inside yet myself]. <br>
<br>This principle is ALSO importatn because ROV here trumsp the plain read of the Sugya in Shas. Which hearkens to the Tanu ahnai that Rov STILL trumps even over Bavli.<br><br>I will be BEH teaching Hilchos Bassr Behcalav. There is another example of this re: Bishul of Bassar bechalav derabbanan. The Bach [Tur YD 87] correctly reads Rav Ashi as saying this is ASSUR miderabbanna., but posqim have rejected that issur and have been mattir bishul of a bassr bechalav derabban from at least the Rambam forward [despite the Bach showing the Rambam otherwise] The Rtaionale is given by the Maggid Mishnah sham.<br>
<br>A quick look at the Be'er hagloah on YD 87 lists about 13 sources including teh Bartenura who really holds like the stright read of Rav Ashi and the Bach. But it is possible that the BehG was not citing THAT apsect. <br>
<br>-- <br>Kesiva vaChasima Tova<br>Best Wishes for the New Year 5769<br>RabbiRichWolpoe@Gmail.com<br>see: <a href="http://nishmablog.blogspot.com/">http://nishmablog.blogspot.com/</a><br>
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