Barry Epstein asked:
R'Eliezer- we cannnot make a kal vachomer to derive a Rabbinic law from a Biblical one.
R'Yehoshuah disagrees.
Who do we hold by and why?
Barry Epstein, Dallas, USA
The Kollel replies:
We Pasken like Rebbi Eliezer, as Shmuel Paskens like him in our Gemara. Not surprisingly, this is how the Rambam Paskens in Hilchos Shar Avos ha'Tumah (7:6).
All the best,
Yaakov Montrose