Beth din

Not a flaw being posed by the Merakamah.

It's a flaw basically Beis Din's saying.

Machzik, you've been there for three years, but you can't explain how you got there.

That's a flawed Gimel Shanim.

Machzik, you've been there, you say you've been there three years, but where's your shtar within three years? So where's your shtar after a Mechah? Why did you discard the shtar? So the second you walk into Beis Din, Machzik, with your three years, we start poking holes.

We start poking holes in your Gimel Shadim.

Oh, your Gimel Shadim.

And you are a model for your children.

Later, in the future, I'm going to be standing in a Beit Din,

and the Dayanim will be sitting.

Sh'nemar, Apostle Gideon, Elohim

So Rab Moshe wrote a Tshuva, "Al Kial, we have a Klal in Gemara, Milsa D'lo Shchekha D'Lo Gazar Rabon." So we explained last week, Milsa D'lo Shchekha D'Lo Gazar Rabon, and there are two kinds.

One, one Din is if there's a far-fetched Chashash that once in a Yovel someone's gonna do an Averit, then the Beth Din has no right to make a Gezeirat Rabon.

It's a, it's a Gezeira sh'lo tzorich ushmarta mes misemarti asu mishemarta.

So mishemarti is only if there's a real Chashash.

So if the whole Tzorich, the whole Chashash is once in a hundred years someone's gonna be Mechal Shabbos, that's not right.

They have no right to make a Gezeira.

And the Pri Megadim said, "The Beth Din who makes such a Gezeira may be in violation of Bal Tosif," because they have no right to make a Gezeira.

So that's one Klal.

If they made an agreement that they are going to give over to the judges, the judges will be the ones to establish exactly how to make this division.

Now, what happens? What did we learn in Halachiyud, guys? That if Beis Din gets involved, even by a shtus, you can make a bitla l'mekach.

You got it? Here also, That's what we learned in Halachiyud.

Dear, it's not like shtu should be returned.

Okay.

He says, you always need an expert to declare this blemish is a good blemish, even if you have serious Dayanim who are good enough for the Sanhedrin of 23, that doesn't work, you need an expert in blemishes.

We don't pass on like him.

The word says, obviously, Tanakhama is anonymous, seemingly as Chachamim.

So let's say he ate it during the entire intercalation of the month.

In other words, there's a celebration when the Bet Din announced that the new moon, the new month is intercalated.

The new month has gone.

The old month has 30 days.

So the Rama says despite the fact that the cherem is over, but we still observe it today, either mitah minhag, the minhags, and if someone wants to violate the cherem and wants to be neisa isha al ishta, we have a right to put him in cherem.

The Beth Din today has the right to put him in cherem, to pressure him, to force him to observe the minhag.

But we don't have the Cherem deRabbeinu Gershom anymore.

So this whole, uh, this last line in the, in the VeShulchan in Katach Chaf, all the poskim followed an early view.