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<div class="moz-cite-prefix">On 4/28/2015 12:24 PM, Micha Berger
wrote:<br>
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<blockquote cite="mid:20150428162406.GB8805@aishdas.org" type="cite">
<pre wrap="">I thought it was well accepted that the Rambam's position in HLMS
is inconsistent, that he mentions numberous machloqesin in dinim
he himself labeled HLMS.... Chavor Ya'ir teshuvah 192...examples are numerous.
Possible resolutions:
- No machloqesin in the essence of the matter, but there can be in
details. (the CY's conclusion.)</pre>
</blockquote>
<font face="Courier New, Courier, monospace">I don't think that is
the Chavos Yair's conclusion. He leaves the matter bewildered, as
Rambam appears incomprehensible and self-contradictory.</font><br>
<blockquote cite="mid:20150428162406.GB8805@aishdas.org" type="cite">
<pre wrap="">
- Im halakhah hi neqabel -- no machloqesin in something both sides agree
are HLMS.</pre>
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<font face="Courier New, Courier, monospace">With the modification
of the word "against" in place of the word ''in,'' this is my
conclusion, and that of the Maharatz Chayos. The Rambam is
addressing the Karaite argument that even Chazal did not really
consider the laws they called "payrushim mekuballim" and HLMS (the
latter being payrushim mekuballim that lack indications planted in
the Torah) to have literally come from Moshe Rabbeynu. That's why,
the Karaites argued, Chazal felt free to dispute them. The Rambam
explains that Chazal never disputed laws that made it to them from
Sinai. The disputes are over issues ''branching out'' from them.
Thus, '' There is no machlokess against any payrush that is known
to have come from Sinai.''<br>
<br>
This understanding fits very well in the Rambam's words, in the
context of which he was talking and the issues he confronted; and
eliminates what would certainly be a mess of the
self-contradictions and open contradictions from the Talmud that
the CY lists.<br>
<br>
Another concern raised by the CY is the fact that the Rambam seems
inconsistent between the Mishneh Torah and his list in the hakdama
to his Mishneh commentary in that some laws he labels as HLMS in
one work he does not in other.<br>
<br>
Zvi Lampel </font>
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