On the bottom of Daf Lamed Ches amud bais, what is the peshat in "Hilchasa kavasay D'Rava V'Les Hilchasa kavasay D'Rav Papa?
Yecheskel Nussbaum
The Gemara rules that it is necessary to administer an oath while holding an object of Kedushah, such as a Sefer Torah or Tefilin, like Rava. (Rava said that an oath administered using a Holy Name of Hash-m, but without holding an object of Kedushah, is a Ta'os bi'Dvar Mishnah.) However, it is not necessary for that object to be a Sefer Torah. Tefilin will suffice as well, unlike Rav Papa's teaching. (Rav Papa ruled that an oath administered without holding Tefilin is a Ta'os bi'Dvar Mishnah.)
Best wishes,
Mordecai Kornfeld
Kollel Iyun Hadaf
If I may ask, once we know that the halacha is like rava why does the gemara add the halacha is not like Rav pappa it's pashut??
Thank You,
Rava did not say *what* kind of holy object must be used. He only pointed out that if no holy object is used, the Shevu'ah is not valid. He may either accept Rav Papa's ruling (that the holy object must be a Sefer Torah) or reject it (and allow Tefilin as well).
Thus, we cannot conclude whether the Halachah is like Rav Papa (regarding using Tefilin) by the fact that we rule like Rava (that *some* form of holy object must be used).
Best wishes,
Mordecai Kornfeld
Kollel Iyun Hadaf