Bernard Kahan asked:

I wonder what the Kollel says to the following Heoroh.It is not a Groysser Chiddush just a clarification of an apparent unusual wording in Rashi.

The Gemoro in Kesuvos Daf Pey Daled Omud Beys brings a discussion(not really a Machloikes) between RebYochonon and Reish Lokish if on the Mishnah on Pey Daled Omud Aleph you should Pasken like Rabbi Akiva or Rabbi Tarfon.

What particularly struck me was the Loshon of Rashi in D.H. Osisoh on Pey Daled Omud Beys where Rashi says Rav Yochonon says to Reish Lokish you have made the words of Rabbi Akiva like Halochoh Lemoishe Misinai now the actual Gemoro Loshon is "Osisoh Keshel Torah" what Hechrech did Rashi have to change it to Halocho Lemoshe Misinai or as the famous book says "What is bothering Rashi?"

Lefi Aniyas Daati I would like to suggest that Rashi is being Mechaveyn to the Gemoro in Menochos Daf Kof Tes Omud Beys where Moshe Rabbeinu has a Shtikel Chalishas Hadaas who will come to Darshen all the Drohos of Torah She Baal Peh so HKBH turns round Kaveyochol and says that dont worry in future Doiros Akiva will come Vechulu and in "Mitten" that Gemoro the Loshon there is "Omar Lohen, Rabbi Akiva says to his Talmidim, Halocho Lemoishe Misinai Nisyashvoh Daatoy"

Surely Rashi is being Meramez to that by Reb Yochonon saying you Reish Lokish are making Rabbi Akiva be Mekayem that Havtochoh of HKBH by making the Halochoh like him and not Rabbi Tarfon Keilu it is Halochoh Lemoisheh Misinai.

If you do not agree then please can you explain why on earth Rashi had to "Varf aryn" in our Sugya here Halochoh Lemoishe Misinai it has nothing to do with anything.Al Korchoch it is the Rabbi Akiva part that Rashi wants to bring home to us that Reb Yochonon is talking about

Boruch Kahan

The Kollel replies:

Dear Bernard,

Rashi means as follows: R Yochanan told Resh Lakish - why did you reverse the Halachic decision? Even if the Halachah should be here like Rebbi Akiva, but if someone paskened differently how can you reverse it - and since there is an opposing opinion - it should be left that way! - except by Halachah l'Moshe m'Sinai - because all other Dinim which are learned from the 13 Midos like Kal vaChomer etc. can be disputed as how to make the proper Derashah. But a Halachah l'Moshe m'Sinai means that this Din was handed down from teacher to student that so said Hash-m to Moshe and if so, no dispute is possible. So Rebbi Yochanan said - are you making Rebbi Akiva's statement similar to a Halachah l'Moshe m'Sinai which must be accepted and can't be argued on, even to the point of reversing a Psak?

To understand properly the Gemara on Menachos 29b see the footnotes in the Artscroll- Schottenstein edition why Moshe was comforted by Rebbi Akiva's comment (it does not mean that the Halachah is like Rebbi Akiva).

All the best,

Reuven Weiner