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The orthodox world view assumes that the whole torah came from the mountain of sinai and is transferred from generation to generation.

When there is a machloket this is because either:

  • The situation is a new situation (electricity on shabbat)
  • This halacha is rare and was forgotten (erev pesach which falls on shabbat, is it permissible to slaughter the korban pesach?)

I am learning in the last years halacha and i come to machlokos on very basic cases.

I will name a couple of examples:

  • Tefilin: Machloket Rabenu tam or Rashi

  • Shkia: Machloket Rabenu tam and geonim

  • Waiting between eating meat and milk (derabanan): We have here at least 3 shitot. 1) Just clean your mouth and hand finish your seuda and start another one. 2) tosafot Wait 1 hour 3) Rambam Wait 6 hours (normal or zmaniot)

All of these are examples of halachot which happens every day and are not new situations?

Why do we have machlokot in these issues?

msh210
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David Michael Gang
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  • If there were different rulings between Rishonim, and no single view was universally followed, then it remains so.

    3 hours between meat and milk commonly kept in Germanic and English communities.

     – CashCow Nov 27 '14 at 14:16
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    But this is exactly my question. How did it come that there are different rulings between the Rishonim. If everything is masoret, then how did the cleft between the rishonim start? One possible solution would be that one of the rishonim came to the conclusion that the masoret is wrong and that he is posek from the sources against the accepted masoret. Is this an acceptable orthodox view? – David Michael Gang Nov 27 '14 at 14:36
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    http://judaism.stackexchange.com/questions/33785/why-is-there-a-dispute-as-to-which-tefillin-are-the-correct-ones – Gershon Gold Nov 27 '14 at 14:58
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    Besides Tefillin, the other examples fall into the category of rare. They didn't have clocks where they waited for the second Shabbos came in or went out, and they didn't eat milk right after meat as a matter of diet, not just as a waiting thing. So needing to know the exact boundaries were not every day behavior. An example that would be similar to Tefillin would be the machlokes between Beis Shammai and Beis Hillel about Tzitzis. – Yishai Nov 27 '14 at 15:24

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