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1. Six month pregnancy 2. The reason for Havchanah of a couple who converted 3. Stam Mishnah
4. Waiting until end of pregnancy; Rebbi Yochanan in Yavneh; "Lo 5. How do we Pasken? 6. Married right after Eirusin

yosef hochman asked:

1) stam in a mishna and a machlokas in a breisa machlokas in a mishna and a stam in the breisa

2) machlokas bemishna and after that a stam and stam and after that machlokas

I want a detailed explanation how we pasken on the above questions.

yosef hochman, thornhill,canada

The Kollel replies:

Dear Yosef,

You asked for a synopsis of the Psak concerning Stam, etc. If you are trying to determine actual Halachah, the best thing is to look in the Shulchan Aruch for each specific case. Then it's possible to examine if and why a Stam rule was applied. But to foresee the Halachah based on these rules should be left to a Rav who has many years of knowledge and experience.

However, it's possible to summarize the Gemara, based on Yosef Da'as which is based on the Talmudic Encyclopedia.

1) Stam in a Mishnah and Machlokes in a Beraisa - Halachah k'Stam according to R' Avahu.

Perhaps other Amora'im argue on him because the Beraisas are later than the Mishnah. Some say a Rabim opinion in a Beraisa overrides a Stam in a Mishnah who is a Yachid, or if an Amora openly says the Halachah is like the Beraisa.

Machlokes in a Mishnah and Stam in a Beraisa you can't automatically rely on the Stam. One opinion argues. And if the Beraisa is Rabim it is relied on.

2) In Mishnah go after the latter - when Stam is later it is the Halachah, and vice versa.

An Amora's opinion overrides the regular rule.

Stam and a differing opinion in the same Mishnah might not be Stam.

Inferences of a Stam are not necessarily called Stam.

Discussion of Amora'im on the Machlokes could show that the Halachah is against the Stam.

Other Psak rules might override Stam.

All the best,

Reuven Weiner