At the bottom of 17b Ulla says the Halacha is like R Yehuda in avalus. At the top of 18a Shmuel says the Halacha is like R Yose. On what basis does Ulla disagree with Shmuel? Why is he not bound by Shmuel's ruling that in Avelos we follow the Makel?
Shmuel Jacobs, Israel
1) Ula is capable of disagreeing with Shmuel, since they are both Amora'im. We find in other places in Shas that Ula disagrees with Shmuel. See Yevamos 107b, where there is a dispute between them, and in Kidushin 44b they also disagree (see Tosfos there, DH Man). In Erchin, end of 21a and top of 21b, there is also a dispute.
2) The Rosh here (3:19) writes, "And the Halachah follows Shmuel." This implies that Ula did not agree with the rule that in Aveilus we follow the lenient opinion, which is why the Rosh had to tell us that the Halachah does indeed follow Shmuel's opinion.
3) I also found, bs'd, that in the He'oros of Rav Yosef Shalom Elyashiv zt'l to 26b (at the end of page 177 of the Sefer), he asks on the Gemara there, where Ula says that the Halachah folows Rebbi Meir concerning tearing the clothes, why does the Gemara not ask on Ula that the Halachah follows the leninent opinion in Aveilus? Rav Elyashiv answers that the Gemara (on the first wide line of 26b) asked specifically on Shmuel that the Halachah follows the lenient opinion in mourning because that is Shmuel's Shitah, but we do not know that Ula also agrees with this Shitah.
According to what I wrote above, we can now prove, bs'd, that Ula does not agree with Shmuel's rule.
Kol Tuv,
Dovid Bloom