The Gemara says that the reason there is no shliach l'dvar avairah ( acc to 2 psukim we don't learn out of) is because we have (acc to beis shamai) "meilah" and "tvicha and mechira" and beis hillel has meilah and shlichas yad.The gemarah goes on to answer for the maan deamor 2 psukim we do learn out of.
My question is according to bais hillel we have 3 psukim: meilah shlechas yad and "tvicha and mechira" and on 35a the Gemarah says that 3 psukim we defenitely can't learn from? I looked in the Pnei Yehoshua and he asks this question and then says " viyash liyashiv". What is there to answer? Thank You
Daniel Dubin, Passaic USA
(1) Baruch she'Kivanta! Your question was asked a long time before the Pnei Yehoshua, by one of the Rishonim -- the "Shitah Lo Noda l'Mi," ascribed to an anonymous Rishon. He answers that the question of the Gemara (according to the opinion that we can learn out from two Pesukim) applies only according to Beis Shamai, but indeed according to Beis Hillel there are three Pesukim and everyone agrees that one may not learn out from this, as you argued.
(2) One might challenge this answer and say, "How is it possible to say that the Gemara asks a question on Beis Shamai's opinion? Surely the Halachah does not follow Beis Shamai, so why should the Gemara bother clarifying his opinion?" The answer is that the Vilna Gaon writes (in Bi'ur ha'Gra to Yoreh Deah 151:16) that the Gemara asks questions in many places not according to the Halachic opinion, and the Gemara often conducts discussions based on the opinion of Beis Shamai.
(3) The Atzmos Yosef and Nachalas Moshe also give the same answer as the Shitah Lo Noda l'Mi, that the Gemara's question is only on Beis Shamai.
Kol Tuv,
Dovid Bloom