The gemara quotes a shita that says that even after takanas Raban Yochanan ben Zakai the beitza born on the first day of R"H is assur on the second because "m'heira yibaneh beis hamikdash" and people will recall that it was permissible the previous year and assume the same about this year. The Rogatchover asks that this gemara seems to be against the well known comment of the Arizal that l'asid lavo we will pasken like Beis Shammai, according to which there should be no concern over here because when the beis hamikdash is rebuilt an egg that is nolad on Y"T will be mutar that very same day! The Rogatchover suggests that perhaps the Arizal only means that we will pasken like the chumros of Beis Shammai which we do not have the fortitude to pasken like yet, but will be able to handle l'asid lavo. If this is the case then we will still pasken like Beis Hillel in our mishnah because he is the more machmir opinion.
Perhaps there is also room to distinguish between "l'asid lavo" and "meheira yibaneh beis hamikdash". Maybe the beis hamikdash will be rebuilt prior to the time known as l'asid lavo so the halacha will still be like Beis Hillel. Rav Yakov Emden makes this distinction in Maseches Rosh Hashana where the gemara explains why "yom hanaf kulo assur" because "meheira yibaneh...". Rav Emden asks that this is against the gemara in Nidda that mitzvos beteilos lasid lavo? He answers to distinguish between "l'asid lavo" (which, unlike Rav Emden's explanation, in context in Nidda probably just means when an individual dies) and the earlier time of binyan hamikdash.
7 comments:
There is a principle that states, "kol davar shebaminyan tzarich minyan achar l'hatiro" i.e. once something has been passkened as asur, it remains asur - even if the reason no longer applies - until an explicit psak to the contrary (cf. Beitza 5a-5b!). Accordingly, even l'asid lavo the halacha will remain like Beis Hillel until a "minyan" passkens otherwise. This is why we are concerned "meheira yibaneh hamikdash." Davka "meheirah," before a minyan has a chance to passken like beis hillel.
amazing kishronos! but, there is also a principal that says "mibsarcha al tisaleim". please keep in mind that this comment is bigeder, lehagdil torah viyadir.
if you are correct that the ruling like beis hillel qualifies as a davar shebiminyan, it may depend on a machlokes rashi and tosafos. perhaps the clause that leasid lavo we will pasken like beis shammai was included in the original ruling to pasken like beis hillel. the source of paskening like beis hillel is the bas kol that said "eilu vieilu divrei...vihalacha kibeis hillel" (eruvin 13b). meaning, they are both right in different worlds. therefore, the original ruling was that we pasken like beis hillel until leasid lavo, at which point we switch to beis shammai. rashi and tosafos argue when a davar shebiminyan has an expiration date (i.e. 3 days don't go up on the mountain), whether you need a minyan to be matir it. Acc. to rashi, you may be correct, but acc. to tosafos you would not need a minyan to be matir since the clause of ruling like beis shamai leasid lavo was included in the original ruling.
my impression was that davar sh'bminyan relates to takanos that are accepted by all of klal yisroel, and not to rules in paskening a machlokes in halacha.
dava shebiminyan may apply to a bas kol, since the source of "al tigshu el isha" and "bimshoch hayovel" are statements from hashem, yet they are used as sources for davar shebiminyan.
In the gemorah by tu bav why it became a yom tov, are the things that became mutar(ie. the shvatim to marry) a davar shebimnyan that there was a minyan acher lehatero or is it just a drasha?
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