ג׳ גדרים בתקנות חז״ל

Going back to the first part of the daf, as promised. So really, if you were going to name the first part of the daf, like what's the topic of the sug ya, it's the concept of Elkin and and really more pointedly when yes and what when not. Right? Meaning as much as everyone knows the mission Elkin and Elkin and Elkin and Elkin and Elkin but you see from the sug ya that there's a lot of different carve carve outs. Number one, in the original machlokes is between Rav and Shmuel. So Shmuel told Rav that according to you that Shem and Daniel gozair al of Elkin and Elkin and Elkin and Elkin and Elkin and Elkin and Elkin and Elkin but according to me that's the first inch of Kayla Masura and Osher son well, a later beis din has the right to be mechadesh that noise and town of gam is not assur but the noise and town of gam is mutar. And the question that we spoke at the daf, we made a big deal about this I understand of Elkin and Elkin and Elkin and Elkin and Elkin and Elkin and Elkin and Elkin and Elkin and Elkin and Elkin so mali if it's Daniel gozair, mali if it's noise and town of gam is assur so you see Elkin and Elkin and Elkin and Elkin and Elkin and Elkin and Elkin and Elkin Another thing we saw is that there's a special carve out for the Yotzei Dvarim Another thing that we saw is that the only time there's a special carve out for Yotzei Dvarim is if it's in a special Rebbi Yisrael Another thing that we saw is that in the event that beis din will make a gezeira she ain't by the way from the Gemara the gezeira would be but a later beis din would be able to even if it's not greater than men of the men of the men of the So again, Elkin and Elkin and Elkin and Elkin and Elkin and Elkin but there's also a lot of things flying around over here and this is something that requires some level of codification, right? It just needs to be systematized a little bit better so we could try to walk away with a and of course as always there's no better place to look when you want seder in such an inyan than in the Rambam's specifically it's in Hilchos Mamrim perek beis. So we're going to go through now three halachos in the Rambam. Hilchos Mamrim perek Beis halacha aleph, halacha beis, and halacha gimmel. Now, my disclaimer before we start this is that is that there are monster kashas, mishna's, and radvazes on these Rambams, and really this is something that requires going through many sugiyos in shas with rishonim. Not just this sugiyah, many sugiyos in shas, but we're going to do the shortest version possible. So, let's look at the Rambam. Perek Beis halacha aleph. Beis din hagadol she dorash shuba achas min hamidos kefi mashiner be'eineihem shadin kach vedon uden. So, if the Beis Din Hagadol would go and they would be doresh one of the midos shatorah and doresh them, right? We have Hamelech and Shloshah Midos. We know there's another braisa that says lamed beis midos. So, if the Beis Din Hagadol would go and they would be doresh b'achas min hamidos, v'omdah achareihem Beis Din acher, then a later Beis Din would come and nearly tamacha l'istorei se'adein, and they feel like they want to contradict, they want to be soiser that halacha. Hareizei soiser vedon kefi mashir be'eineihem. If they want to do this, this is something that l'chatchila they have a right to do. Shenemar, because the pasuk says, el hashofeit asher yihyeh bayomim haheim, ein atah chayav laleches el acher Beis Din shebe'dorcha. You are supposed to ask a shailah to the Beis Din of his generation. That's who you are mechuyav to go to, and you are not mechuyav to go to a Beis Din from a previous generation. Your Beis Din gets to decide what the halacha should be. And it's for that reason if a later Beis Din decides to contradict something that a previous Beis Din said, this is something that they're allowed to do. Halacha Beis. Beis Din shegazar gezeirah, Beis Din that made a gezeirah, o yeskinu takanah, or they made a takanah, v'henhiguminhag, or they instituted a minhag, upasha kol Yisrael, and this minhag took root and it spread throughout kol Yisrael, v'omdah achareihem Beis Din acher, and then a later Beis Din came and they want to be mevatal the rishonim, v'lo ro'u takanah v'gezeirah v'minhag, and they want to undo the takanah v'gezeirah v'minhag, einam yachol, they can't. Ach you got them in a resho unless they're going to be greater than the previous base in the oil I feel bottle time says the Ram. I'm so the glory goes even if the underlying reason for the original takana would be bottle doesn't matter. Ainu actually you get in the event says the Ram there was a takana there was a gzera there was a minute and now you do the best one to be now it's not so simple. Ainu now you need that that later should be and if you're only greater than one that in of itself is not going to be okay. Now the Ram asks the obvious kasha the I understand how a later could be but how could it be I isn't every made up of 71 says the Ram a minute scheme of the what is the mean the amount of people that were actually and received and accepted this now this part of the Ram we spoke about not long ago a few weeks ago we spoke out an epic stickle from Reb Reuven Margolis who suggested maybe a little bit of a different shot and what it means right the Ram says more people the right of by the way on this mission of which is idiots says that if the is older right the older they're the ones which is very interesting right I understand there's an idea came up a fight that in which is biologically older as well goes wanted to say that it could be depends on the majority right there's a majority and there's a super majority but anyway this is what the Ram says but when is this true I shall I also where has went and they They it or a gzera but they didn't do it to make a siag. and they didn't try to This time went to make some dick. But in the event that the Beis Din is doing what they're doing to make a siag, if it is a special Israel then the later Beis Din will not be able to even if they were greater than the Rishonim. So if you do a command of the Rambam, the Rambam has three categories. Halacha aleph is category one, halacha beis is category two, halacha gimmel is category three. Very, very neat. And the three categories are three different types of takanos, quote unquote, using that word loosely, that Chazal would make. We are right now for later Beis Din wants to undo it, can they or can they not? Now we don't appreciate how important these halachos are maybe, but like if you study the history of Chazals and minhagim, I mean it's really playing itself out in these halachos of the Rambam. So this is so yesodi. It underpins a lot of who we are and what we do. But the bottom line, it says the Rambam, I have three categories. Category number one is when Beis Din made a drasha, and because of the drasha they paskened the halacha. If Beis Din does that and a later Beis Din wants to go and be mevatel that, gezunte heit. That is something that absolutely, positively a later Beis Din would be allowed to do. And there's no rules and regulations of alum can gadol in men of minhagim. The second category is when Beis Din didn't pasken a halacha based on a lumdus, but rather goes gezera takana and that's the mishnah. Then you could, if not, not. The third category is where it was a gezera, it was a takana, it was a minhag, but it was le lasos siag le Torah. If it was le lasos siag le Torah, then even if it's greater be chochma than minhag, still you wouldn't be able to be mevatel. These are the three categories. Let's take it from the top one more time. This time a little more carefully. The first category is If a later basin says I hold not that way and I want to change the halacha because they don't like it. What's the makor to the category one in the Rambam? We have to get this. What's the makor to the first category in the Rambam? It's Amaleish Mularav. That I hold Shemen So, that explains why a later basin was able to change it. Because comes out the takanah of Shemen is based on a din. What's the din? That Noisen Tam Lef Gam is a problem. And we're going to be choylik on that din, which is something that we have a right. I would not as great as them. No, but you wouldn't be there and then you'll be there. And right, that's not a problem. We have every right to do that. So, and there's no violation of So, really where do you see the makor to the Rambam? It's from those words. Poshet. You see it in the Gemara. Jumps off the page. That's halacha aleph in the Rambam. What's halacha bet in the Rambam? That if there's a gezaira, if there's a takanah, there's a minhag, then you have ain basin yachol l'vatal divrei basin. That's the Gemara. So, based on the din of Noisen Tam Lef Gam is a gezaira. What's the gezaira? We know what the gezaira is. We know Amud Bet. It's a gezaira mishum chasnus. You can't change that. No one can be oyker that unless you go to the Rabbanan of a minyan. Well, Rebbe Yehudah Hanasi's basin is not go to the Rabbanan of a minyan. And as a result, it's going to be out. So, really that shackle of the tayu, these words Amaleish Mularav Those words and they make up the makor to the Rambam's halacha aleph. what's the camel But if it was a waste and they lost but if it was a then it's already different says the cast of Mishnah says the advice it's possible what the hell is it's the square I mean you have to learn what you want to even say a word about true but the must have been with the voices who said that you can be unique he spoke at the twice because of the terrible things that surrounded the square vices not a square but rather any that's similar in nature to the square is going to be bound by the same what's the that's similar to the what's unique about square was made today last I mean that it was done today last anytime it's last this is going to apply in being and being that you see but the square which was last after that's why the says that in the in this is something that you would never be able to be either way the all comes from the first half of today's but this is where the categorizes three things that there's one thing that's very not clear in the which is astonishing because how could it not be clear right I mean especially when the codifying a day in the sometimes we say super duper you know but but this the coming to make it clear and so little unclear you know what's a little bit unclear what's the difference between category two and three what is the definition of a random doesn't explain it's I saw in so he sets up the very beautifully he says what is the difference between that involves and that doesn't involve I think the Pasha I discussed this with a big yesterday The partial partial partial seems to be a a zero last means we not just making a zero making a zero to protect an Isadora so you're worried that if we don't make this a zero we're going to stop violating right you're going to come to you're going to come to as a result we have to be as opposed to that's not here necessarily to make a fence around and just about whatever reason that not I mean you think of by its very just the title of words sounds like it's a zero up to something else right so again this is not a simple Indian and it's above my pay grade but I'll call that's the partial partial partial partial partial my question on this but it's still the partial the bottom line is and again seems to be saying something partial cuz he's like it has it's like level has to be partial there's no question in the world