More Discussions for this daf
1. Eliyahu on Mt. Carmel 2. Kivsei Atzeres 3. How is a Kenas with a loophole still a Kenas?
4. Power of the Rabanim 5. Why does the gemoro need a proof that it's min hatorah 6. יש כח ביד חכמים לעקור דבר מן התורה בקום עשה
7. רשד"ה כבשי עצרת
DAF DISCUSSIONS - YEVAMOS 90

Yosey Goldstein asked:

The Gemmorah tries to prove that CHAZAL can make a decree although it contradicts a Commandment from the Torah, (Yesh Koach beyad Chachomim la-kor dovor min hatorah) from the Posuk of Ailov Tishmaun, Listen to him, an established Novi, Even if he tells you to transgress on a mitzvah in the Torah. as was the case by Eliyahu bringing a sacrifice on Mt. Carmel. The Gemmorah answers that this can not be a source because Migdar Milsa Shaani, one can not extrapolate a law based on a case which came to safeguard the Torah laws and way of life.

This explanation of how Eliyahu was allowed to bring the Sacrifice on Mt. Carmel is quoted by Rashi Devorim (18:22)

However earlier in Devorim (Chapter 12 Verses 11 - 13) The Torah tells us the prohibition against bringing a Korbon anyplace we choose. We are only allowed to bring a Korbon in the ishkon or the Bais Hamikdosh. Posuk 13 says: "Be careful not to bring a Korbon wherever you see" (A loose translation) Rashi explains on the words "Anyplace you see" Anyplace that YOU want to bring a korbon. However you may bring a korbon in anyplace the NOVI chooses, such as Eliyahu on Mt. Carmel."

>From this Rashi it seems that there was no prohibition at all against bringing a sacrifice on Mt. Carmel because a NOVI said "This is a fitting place to bring a Korbon"!

That being the case, I ask you, How can we use the rule that a Chochom can tell us to do something against the Standard Torah rules, as is tha case with Eliyahu on Mt. Carmel, that was NOT a good example since there Eliyahu was a Novi and since he said to bring the Korbon there, it was 100% permmitted! You can not use the same incident to illustrate the ruling that a Novi is permitted to bring a Korbon anyplace and on the other hand prove that although the bringing of the Korbon was not allowed in this case because it was Lemigdar Milsah it was allowed!

I know this is a slight tangent but IF you have an answer I woul appreciate it. This question has been bothering me for several years now and no one has given me a satisfacory answer.

Tizku Lemitzvos.

Yosey

The Kollel replies:

Your fascinating question has brought us to the following conclusion. The Pasuk in Devarim deals with the Isur of Hala'ah ba'Chutz, bringing a sacrifice out of the Bais ha'Mikdosh. It is on this Issur that Rashi brings the Sifri that one may bring a Korbon where the Novi chooses.

Our Gemara, on the other hand is dealing with the Issur of Shechutei Chutz, slaughtering Kodesh outside the Azarah (See Tosefos d"h v'Ligmar) on which the only Heter is l'Migdar Milsa. (The Pasuk permits Ha'ala'ah ba'Chutz when it does not incorporate Shechutei Chutz, such as when an animal was slaughtered in the Mikdash and offered out of the Mikdash.)

Thank you for your insight.

Dov Z.