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You will not depart from Jerusalem.

שו”תCategory: faithYou will not depart from Jerusalem.
asked 4 years ago

In Yerushalmi Sanhedrin, Chapter 11, 53, it is said regarding the Elder of Mimra that “a saying” is a legend. ZA – The sages have authority from the standpoint of “not to deviate” even in matters that are not Halacha (appears in the context of the parallel between Yerushalmi and Babil in this Mimra in Letter 13 of Rav Kook). How can the rabbi who claims that “not to deviate” in such matters is incomprehensible, explain?


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מיכי Staff answered 4 years ago
Maimonides himself says this, and so do the Ge’onim and others. But beyond that, it is a simple opinion. A legend usually deals with facts and there is no authority regarding facts. Therefore, even if it was in Yerushalmi, it cannot be true and must be rejected. And in fact, in the KJV, he wrote that this agga is the LBM (and he probably meant the “Hagga,” meaning something that passes from one Haggadah to another in the Haggadah). And in the commentary of Eli Tamar there he elaborated further and wrote that the Babylonian division: This is a legend. In Babylon, this is a halacha. And see in the Mahap that it is possible that the reference here is to the halacha of Moses from Sinai, which was passed down from person to person. Indeed, in Gittin P. B., Rabbi Oshaya Rava said to the Rabbis that we will have a halacha in the legend of the one who is the judge, and it is a complete halacha regarding the divorce if it is annulled. And I wrote there that it is possible that sometimes they called a legend a halacha that is not based on its entire basis, like a borrowed name, and Rabbi what is passed down from mouth to mouth. And this is how we find that sometimes a fixed legend is called halacha, as in the books of Parashat Bah’Alotach, paragraph 69, which was brought by Rashi and sent away, Rashi said in the halacha that Esau hated Jacob, etc. And so the great Gaon Razzach commented in his glosses on Berakhot 31, and he also brought from Sanhedrin 144, the halacha that there is one limb in a person, etc., see there.

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