mdd: Well, this will all boil down to whether you assume like the Rambam or Geonim in the Hishtalsh’lus of Torah Sheba’al Peh. You are assuming like the Rambam. If my assumption is the Geonim (which I thought Rashi usually follows so this will be interesting; I’ll have to be M’ayein more) what you are saying is untenable.
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