Hello,
Can you clarify if there is a difference between what Rav Yehuda (the Amora) says in the name of Rav, that there is no Malkus for Lav She'Ein Bo Maaseh, and the machlokes tanoim about Lav She'Ein Bo Maaseh (the Tana Rebbi Yehuda holds there is Malkus).
(If there is no difference, why do we need the statement of Rav Yehuda Amar Rav? He could just say halocho is not like Rebbi Yehuda, or rely on general rules how we pasken)
Thanks
Meir Eliezer Bergman
Manchester UK
Your question is asked by the Chidushei ha'Griz (Stencil edition, DH Amar Ri), and by the Temuras Todah (DH v'Hineh). They also take note that Rav's words are not the regular Lav she'Ein Bo Ma'asee but Asah Bah Ma'aseh, Lo Asah Bah Ma'aseh. This could mean that Rav adds that even an active Lav, if done in a passive manner, does not get Malkus. However, the Magid Mishneh (Hilchos Sechirus 13:2) does not seem to agree. (See Yalkut Bi'urim in the Mesivta edition of the Gemara here.)
All the best,
Reuven Weiner