Why does the gemara assume that the tana kama argues on r' Yehuda's statement of davar sheyesh bo shinui in the mishnah? Could r'yehuda simply be adding an independent halacha? Why must we assume it's a machlokes at all?
Ari Kellerman, United States
Hi Ari,
I think the answer is that if everyone agrees with Rebbi Yehudah, there is no need to bring this Halachah in his name, since there is no Machlokes about it. The Mishnah is speaking about this topic, so it is difficult to say that Rebbi Yehudah is just adding a Halachah from a different topic. I can add that this case is not a big Chidush in the Din, so we need to assume that the Tana Kama has an opinion regarding this case, and if it isn't Rebbi Yehudah's opinion, so there is a Machlokes.
Best Regards,
Aharon Steiner