More Discussions for this daf
1. Better that man not have been created 2. Ruling according ot the Bas Kol 3. R Meir, Rebi
4. Pi 5. Rebbi Meir & Rebbi Nehorai 6. Is it really better for man not to be created?
7. Elu v'Elu Divrei Elokim Chaim
DAF DISCUSSIONS - ERUVIN 13

Rovert Daykin asked:

Why did the bas kol determine that halacha would be like bais Hillel yet the bas kol was ineffective in determining the halacha like Rabbi Eliezer in the perek hazahv of baba Metzia? In short, when do we say `lo bashamayim hi and when not?

The Kollel replies:

Excellent question Robert. Tosfos deals with your question in a number of places (Bava Metzia 59b, Yevamos 14a). He explains that in this case, the Bas Kol came out in suport of the majority opinion, rather than against it, and therefore it was permitted to rely on it.

Why, one may ask, was a Bas Kol necessary if in any case "majority rules?" Tosfos answers that the Chachamim were not sure whether they should rely on the majority even if the minority were sharper. Since Beis SHamai were known to be sharper, they waited for the Bas Kol to determine the Halachah.

Yours, Mordecai