Bava Basra 147: 2 questions on Tosfos

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Bava Basra 147: 2 questions on Tosfos

Barry Frank asked:

I have two questions that perhaps you could help me with. I searched for 
answers to no avail.
 
1) B"B 147a Tosfot d.h. Minayin: the Gemara only intended to bring Scriptural 
support as "Asmachta b'alma", despite a discussion of what else those verses 
could have meant.

Does this not contradict Tosfot's conclusion in Succah 9a that a Succah is 
prohibited M'D'Oryta, since the Gemara discusses alternative derivations from 
the verses, it cannot be Asmachta B'Alma?

2) B"B 147b Rashbam D.h. Matnas. Rashbam, in explaining that Matnas Schiv Meira 
is only Rabbinic, takes the trouble of explaining the verses brought earlier, 
that seem to support the idea that it is M'D'Oryta, where Chizkiyahu and 
Achitofel leave final instructions for their households upon their death.

I do not understand why these verses contradict Rava's position, that Matnas 
Shiv Meira is only Rabbinic. Could not have the Rabbinic decree already been 
instituted as early as the days of King David (such as e.g. Muktza was in place 
already)?

Thanks for your help,
Barry Frank
-----------------------------
The Kollel replies:

(1) This question is asked by the Yad Malachi (rule 19) and the Maharsham 
(6:134:2 DH v'Ulam and 9:98:1 DH Aval). Unfotunately, neither of them give an 
answer. It sounds from the Maharsham that he believed that the Tosfos argue 
with one another.

(2) I have not found anyone who asks this question, but I can suggest that 
perhaps any decree made so early would have been well known and it is unlikely 
that there would be a dispute about it.

Dov Freedman


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