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habit

asked 4 years ago

According to the Rishonim, the assumption that the Shor HaMoed is a presumption of habit, how does the Gemara in Yevamot 6d learn from this that later three times a woman is a murderer – after all, this is a sign and not a habit?


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מיכי Staff answered 4 years ago
I have a lesson on this, somewhere in the summaries of the lessons on the tractates. I think it’s on the chapter on the lease of houses: https://onedrive.live.com/?authkey=%21AL7gBAffWF7AcFI&id=395204EC53F39CE0%212880&cid=395204EC53F39CE0 See there in the first lessons about the Usha pilgrims. Incidentally, I also showed here on the site once (column 308) that in the dispute between the Maharam of Rothenburg and the R.A.P., the opinions are completely opposite to what the latter think. Regardless of this or that opinion, the Gemara itself makes comparisons between three-time hakkut of different nature. That is why I suggested there that the teaching is that after three times, a hakkut is established, whether it is a habituation or a sign. This lesson is formal-halakhic, since it is clear that not in all contexts three times is the ultimate evidence. Halakhic had to establish a line, and it established it at three times. It did not hate habituation, it did not hate a sign. See also here: https://mikyab.net/%D7%A9%D7%95%D7%AA/%D7%9E%D7%A7%D7%A8%D7%94-%D7%A9%D7%97%D7%95%D7%96%D7%A8-%D7%A2%D7%9C-%D7%A2%D7%A6%D7%9E%D7%95

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השואל replied 4 years ago

If I understood you correctly, you are actually saying that after three times we know that we should treat something in a certain way. The question of whether it is a sign or a reason is the second stage in which we explain why we treat reality this way and we choose the story that is more likely in our eyes – In the bull of the due date, for some of the first it is a reason, while in the case of a small woman it is a sign. Although according to this explanation there is room to doubt the latter's words in the Maharam and Raph dispute – According to this explanation, it is possible that even in the bull of the due date itself, sometimes we will assume that the plausible story is a sign and sometimes we will assume that the plausible story is a reason. For example, if our Rabbi Peretz believes that approximation of hits is preferable only if it is a sign, then it is possible that although in the case of distance of hits there we have two options (both a sign and a reason) he will assume that it is a habit, in the case of approximation there there is only one option (a sign) he will choose it in order to interpret reality. So it cannot be said that Rabbi Yehuda accepts Ram's line, but rather that he believes that the holiday's ox is a reason, since this is not a polar disagreement and this is only a second stage in which we choose the more reasonable interpretation of the event, and here the only option is a sign. So what did Rabbi Yehuda and Rabbi Meir disagree about, in the context of Darbanu Peretz?

מיכי Staff replied 4 years ago

Indeed. Not only should the latter's words be doubted, but as I have shown, they even turn the methods into their own.
The disagreement between R”M and Rabbi Yehuda is apparently over a question that concerns the appointed bull, and not over the assumption of G”P. For example: Should one assume three days of striking or three striking? Incidentally, it is possible that one of them believes that the assumption of G”P is only a sign or only a cause (and then disagrees on the issues that link the different cases to each other), but I argue that this is not the point of disagreement between them.

השואל replied 4 years ago

What is the logic behind Rabbi Yehuda's opinion of following the days of the strike and not the strikes?

מיכי Staff replied 4 years ago

This is the usual logic of the three-fold assumption. If it strikes on three days, it will strike on the other days as well.

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