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Lakewood Daf Yomi

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The last part of the daf dealt with Rabbeinu Nissim in Sukkah. If 100 dayanim sat down to preside over a shaila, the halacha is if they make a mistake, the only time Klal Yisrael is going to have to bring the par of davar sheal tzibbur if is if it was yaru kulan. If all 100 of these dayanim pasken this mistake. And we mentioned that Rabbeinu Nissim is saying two chiddushim. One chiddush Rabbeinu Nissim is saying is that even though ordinarily when it comes to Beis Din the rule is ruba k'gula. So you would think if rov of Klal Yisrael pasken one way, you're supposed to follow the rov. Turns out it was a mistake, Klal Yisrael acted upon it, you bring the par of davar sheal tzibbur. When it comes to the halacha of par davar sheal tzibbur, rov is not enough, you need kulai. What's the makor to that? When kol Yisrael, kol is the rabbai's, not rubai, but kol is the rabbai's even kulai. Rabbeinu Nissim added to that and he said that this would be true even if there were more than 71 members of the Beis Din. So let's say you have a Beis Din and Even then you would need all 100 of those dayanim to go and to pasken and make the mistake. But let's say you would even have 71 of the 100 that would make the mistake. That wouldn't be enough. And even though ordinarily 71 is the Sanhedrin Gedolah. But once you have 100, you need all 100 and this halacha of kulai would apply to every single person that's now partaking in this Beis Din. Yanki showed me a Yerushalmi right here in the beginning of Maseches Sanhedrin that brings this halacha in the name of a different Amora. If 100 dayanim would enter the chambers where the Sanhedrin sat, the only time there would be a power helm double shot to board is if all 100 of these dayanim would make the mistake and base them would act upon. Literally Rabbeinu in Sukkah that we have here in Maseches Sukkah. Continues Yerushalmi and says as I come on over there on Rab Zeira. Rab Zeira said now where's there? So where there is in Yerushalmi Maseches Sanhedrin Perek Gimmel and Yerushalmi Maseches Rosh Hashanah Perek Gimmel. But either way Rab Zeira said that the whole issue come on my remits at a hold. Now the context over there was Ibra Shana. When it comes to Ibra Shana so at the end of the day whether or not base then was going to be my Shana depended on the vote, right? They had to hear what base then had to say. Rab Zeira said there in the Sugyas of Ibra Shana notice the first perek is on Ibra Shana that's one of the places it's mentioned in Bavli and Rosh Hashanah that's where the Ika Sugya is. But the bottom line is that over there Rab Zeira said that when it comes to Ibra Shana you need the whole issue you come on my remits at a hold. You need that all the dayanim should not only agree but you need that all the dayanim should agree for the same exact reason. Says the Yerushalmi the car this is real Yerushalmi sprach ma. What is the car ma mean? Not car ma car ma, right? What is the car ma mean? The car of the dove and to come to the halacha from parim double shot to board ma. Would you have that same tonight or would you not have that same tonight? It's a fascinating Yerushalmi. The Yerushalmi brings the halacha of the Bavli. This halacha that the Gemara said two of the Rabbeinu and two of the and that is that when it comes to the parim double shot to board you need every single member of the base then to be in agreement. But the Yerushalmi wanted to know should we also apply but this is a chiddush, right? Because ordinarily we're making a kullah. We're applying a chiddush. Should we apply another chiddush? Should we also apply a chiddush that you find in the laws of Ibra Shana and that is that the only time we can pass can based on a consensus of Beis Din is number one if all the dayanim are in agreement this is that you have over here, but also they all have to be saying what they're saying for the same reason. Is that going to be true when it comes to the par of tzirbor or not? And the Beis Din leaves with a shaila. So let's just explain the shaila a little bit better. You remember in the first of Sanhedrin the talked about different reasons that Beis Din can sometimes be shama. It could be done for this reason, could be done for that reason. The says that when the dayanim got together the only time they were number one if all the dayanim that were there felt you should be and they all were coming to for the same reason. But if one said for this reason and the other one said for that reason even though they ended up in the same place, he took the parkway and he took route nine. They both ended up in 08701. It doesn't matter. You have to manage to go the same way. If you don't get there in the same exact way, you're not going to have this so clearly the I can hear that being that you find the first dish that you find here regarding that is it's not enough you need everybody. So what would that be? Do you also need that they should all be coming for the same reason or do you not need that they should all be coming for the same reason? And the leaves it as an The truth is the truth is that when it comes to paskening the love when it comes to a Beis Din and we're going to go with the dayanim, you don't need that the dayanim should come to their for the same reason. And the to this is a The says this is in but in dayanim it's in it's base. If there was a negative you always follow the rabbit. But even if the are not coming for the same reason and after the they have to have each one is coming from his own angle. Being that at the end of the day they agree with the rabbinic considered rabbinic and we go because you see that ordinarily ordinarily you don't have to be in agreement. It's not the it's also true by why do you have to because you see that other similarity to that you need that all the should be in agreement. So maybe it has this similarity as well that they all should they all should all have to be coming for the same reason. But you see from here that ordinarily that's not the case. So I just want to share with you all of that was left on the table when we decided and this is from my going to remove emotion. This is the in my in Sanhedrin number he was talking there about if you want to look it up about the concept of we know in Yeshiva this is always a big like how does work how does work how do work is is that famous I can you have a so what do you do when you have a you go each what is do is the meaning to the extent that I have a so now it's not or it's not necessarily the but this is like the when in doubt there's certain rules and guidelines that you're able to follow one of those guidelines is you're going to go to the the past this in Yeshiva is that is is a that's why it's not that is better than but the mayor doesn't go but you don't find anywhere that the mayor doesn't go but you can't really really really really not good. But the point is is that usually you learn that Roy was a bear, but Hazaka is a Hanaka. Even in Roy being a bear, everyone knows the rush, right? The rush in the Sugya of Takfu Cohen that says even though Roy was a Mavar, but me they say to me not good. It's still a Safek. That's the famous kosher. That's mention of Pnei Yehoshua and Sha'arei Shma'itza. That's the case when you have a Roy and it's a Safek to me Robin. If it's all Safek, you should say Shvei Geta. Right? The matter came in the forum really really in the forum really really not for now. But here's the bottom line. The bottom line is this is always the big question. The big Hakira ask any Yeshiva bochur in the world, right? He's going to tell you 11 Hakiras in terms of how do you look at a Roy? Right? Is Roy the Mavar? Is still a Safek? Is not still a Safek? Says Rav Reuven Margolis something very very profound. To me this was very very novel. Rav Reuven Margolis says, "Haga Atzmecha." He says, "Think about this for one second." So you have a a Beis Din that's presiding over Dinei Nefashos. And there's 23 Dayanim on this Beis Din. 13 say Zakkai, 10 say Chayav. What's the Halacha? It's Zakkai. Or if 13 say Chayav and 10 say Zakkai, what's the Halacha? This person is going to be Chayav. The Rama says, we just quoted the Rama one second ago. And the Makor seems to be in Yerushalmi right here. That you don't need that all the Dayanim should be saying the same thing, right? So let's talk about the 13 Mezakeh. So one Mezakeh could be that I hold that it's Motar because it's the Rashba. The other one could say, "I think it's Motar because it's the Yerushalmi." The other one could say, "It's because it's an Igros Moshe." The other one could say, "What do you mean? It's often a Halacha in Shulchan Aruch. Yoreh De'ah Siman Kuf Lamed Zayin Daled, right?" Everybody could say, "The other one's going to say it's a good one." The other one is going to say it's Piskei Teshuva. Everyone comes for another reason. What's the Halacha? He's going to be Zakkai. Says Rav Reuven Margolis, "I don't understand. Because the Emes is, if you plot it out, you ask 23 people, all 23 people said something else. You know what that means? Each one of these 23 people has 22 people that are saying it from him. So, where's the right? Where's the right? You tell me all the 10 guys that say right, they're outvoted. What do you mean? The 13 guys that say they're also outvoted. Because there's not one person that agreed with one of the guys. You have 23 people that can't get along. What else is new, right? That's really what you have over here. These guys are killing each other. Nobody can agree on anything. Even the guys that are saying saying to me that I'm a racist. No, you're a racist. The master is nobody that's agreeing with me. So, everyone knows, where's the logic in right? This way it knows it's fire. If every person had to say the same thing, so does it arrive. You have 13 people that see the world exactly the same. They all say the same thing. They're all saying the same thing. They're all saying the same exact thing. If they're all saying the same right, this is an inside joke. They're all saying the same thing. If they're all saying the same thing, so then so then you understand. So, that's good. You hear you have your right. But if everyone is saying something else, then everybody's really outvoted. If everybody is outvoted, so where exactly is the right? I'll tell you what this reminded me of. It's you do it Brisket. This is in safer. He was talking about this situation, right? That's why the we had with Sherry or a good He was talking about Everyone knows that if you have a little bit of something in the and the 60 times of something else can the is is bottle. So, he asked the man on the street, what does it mean? He says, I got to taste it. Right, that's what says if that's the case, I want to ask you a question. If you would take 1 oz of 61 different beverages, so 1 oz of scotch, 1 oz of bourbon, 1 oz of tequila, 1 oz of vodka, and you would fill up 61 oz, you drink it. You're not going to get drunk, right? It's not going to taste like anything. You'll be sick as a horse, right? It's not and it tastes like anything? Of course it's going to taste like something. Like, what do you mean? Each one of these ounces, each one of these minim is bottle beshishin. I thought when it's bottle beshishin it's not going to come. No, the time is a dumb college and the time is bottle. It's not a time that has the ability to go ahead and to make it awesome. He says you have 23 dayanim. Every person is saying something else. Each guy is bottle to the 22 other people. So that's the case, where exactly is the beirah? So he said it's poshit to him from this halacha, from this ramah. State that dover gotel. And that is, he says, to me it's poshit that the Torah is telling us that acharei rabbim l'hatos is lav dafka beirah. There's a din called acharei rabbim l'hatos. And being that there's a din called acharei rabbim l'hatos, that's why we follow rov. It's a gezeiras hakasuv that you follow rov. Because if it was a svara b'alma, to me, I don't know. If the dayanim are saying the same thing, b'meilo. But if they're saying something else, just like the mu'at are technically the minority, the rabbim are also the minority because each person's din is technically mufrakh by everybody else's din. And af ilu hachi, you go b'asarei rov. He said, "Dam is this is another raya to this. Because why is it that you don't find anywhere, whenever you have an acharei rabbim l'hatos, you should take into account who exactly it is that's voting?" Let's be honest. At the end of the day, you have a beis din of 23. You're not going to tell me all 23 of these dayanim were on the same level, right? I mean, it's poshit as I not all acharonim are on the same level. What can you do? So it's it's poshit that's the way it is. So how is it possible that if you have a beis din and the beis din's made up of 23 dayanim, you don't find anywhere that we take into account the eikhus of the individual dayanim? As long as there's a rov, you go b'asarei rov. Nothing else matters. He said, "That, too, is very, very mashma to me that acharei rabbim l'hatos is a din. It's gezeiras hakasuv. It's ruled in beer. But at the end of the day, you can't tell me it's a color beer. And I think this would be very much here with the famous rush that every time you have a right me, they say nothing. Russian talk to come which we're not getting into right now. At the end of the day, the right doesn't have the ability to be metallic the subject either way. Very interesting halacha which at first glance sounds like a technicality. Do you need all the people that are saying exactly to be saying exactly for the same reason and all the people saying to be saying exactly for the same reason. It's an It's not debatable. It's an seems to come from right here in the beginning of related to this of and I go fascinating thesis. Again, this is food for thought. So just something to think about a little bit that the extent that you can go even when every day is saying something else. Well, that means that every day, even the members of the are technically in the minority. If they're in the minority, what happened to the right? I don't have his theory. Does it stand with all the in Yeshiva? I don't think so. But at the same time, I don't have but that is a little something to think about.