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#1058171
Patur Aval Assur
Participant

Back on page 5, zvei dinim wrote “The ??? ???? selects the ?????, why dose he brings this Braisa?”. His point was that the braisa in Menachos on the top of 44a which discusses the chilazon, is not a halachic statement of what the chilazon has to be like, as evidenced by the fact that the Ein Yaakov deemed it to be an aggadah. However, I don’t think that this is such a proof, because the Ein Yaakov has passages which are clearly halachic (e.g. the Gemara in Gittin 7a about music, which is the source which every halachist discusses in regards to whether music is permitted or prohibited). So the mere fact that a gemara appears in the Ein Yaakov does not necessarily mean that it is not to be used as a halachic source.