If Rebbi Eliezer is a da'at yachid and since he is also a Shamuti, how come halacha regarding Chadash and Yashan in Chutz L' aretz follows his opinion?
ben saketkhou, BOCA RATON, USA
In this particular case he is not a Da'as Yachid. The Rosh (Kidushin 36b) writes that the Halachah follows Rebbi Eliezer because there is an anomynous Mishnah in Tractate Orlah 3:9 which follows Rebbi Eliezer. There (in the final Mishnah of the Maseches) the Mishnah states simply that Chadash is prohibited according to the Torah everywhere in the world. Since the rule is that the Halachah follows an anomynous Mishnah, this means that when Rebbi Yehudah ha'Nasi compiled the Mishnah and gave us a Mishnah that states, without any dissenting opinion, that Chadash is always forbidden, this must signify that Rebbi Yehudah agrees with Rebbi Eliezer.
Kol Tuv,
Dovid Bloom