<div dir="ltr"><div class="gmail_quote"><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex">From: Micha Berger <br>
<br>
Ediyos 1:5-6 is interestingly self-referential.<br>
<br>
Mishnah 5 opens:<br>
And why do they record the opinion of a single person among the many,<br>
when the halakhah must be according to the opinion of the many? So<br>
that if a court prefers the opinion of the single person it may<br>
depend on him. ...<br>
<br>
And mishnah 6:<br>
Rabbi Yehudah said: "If so, why do they record the opinion of a<br>
single person among the many to set it aside? So that if a man shall<br>
say, 'Thus have I received the tradition', it may be said to him,<br>
'According to Ploni's [refuted] opinion did you hear it.'"<br>
<br>
So, the rabbim say that the purpose of recording shitas hayachid is so<br>
that someday a beis din can hold like it.<br>
<br>
Whereas the yachid says that the purpose is so that we know that the<br>
earlier ruling was based on explicitly rejecting that opinion -- so that<br>
a beis din won't hold like it.<br>
<br>
So, R Yehudah would say we should make a point of not holding like R<br>
Yehudah, but the Chakhamim would be fine if a court would choose to<br>
do so?!</blockquote><div> </div><div>According to Rambam's understanding, which he explains in his fascinating Letter to Rav Pinchas HaDayan, the two mishnas are speaking of different cases, the key phrase in the second mishna being ''to set it aside.'' </div><div><br></div><div>Both mishnas are speaking of situations in which both sides of the machlokes have a significant number of followers. The first mishna is speaking of where the Reebi Yehudah HaNasi held that the halacha was not yet officially resolved by vote, despite the fact that one side currently enjoyed the majority opinion (and he himself did not lean towards either side.) There, 'we," Rebbi Yehuda HaNasi [and his Bes Din?], "[still] mention the minority opinion, because the majority of Bes Din may ultimately be persuaded by the minority's arguments.</div><div><br></div><div>Rebbi Yehudah (ben Elai) adds: What about mishnas whose (halachos WERE put to vote, and the) minority opinion was mentioned only to be nullified, "to be put aside [[levatlan]]? 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.' " (Again, we are speaking of cases where a significant number of [people had been following the minority opinion.) </div><div><br></div><div>Zvi Lampel</div><div> </div></div></div>