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#1094349
yitayningwut
Participant

No proof. However, all the rishonim were nearly always afraid to, though there are certainly rare exceptions. I do not think that ‘klal yisroel accepted it and therefore it is authoritative’. I simply think it is unwise, very unwise, being that the amoraim knew a lot more than us, whether with regard to obscure braisos, or kabalos from their rabbeim since Moshe. Ma sh’ein kein the mechaber, as big of a giant as he was, had in front of him the same sugya of gemara with rishonim that I do, and a bar hachi has every right to utilize the claim of ein l’dayan… and all we can say is yiftach b’doro k’shmuel b’doro… The only time we cannot even theoretically argue is against a psak made by the beis din hagadol, because that doesn’t just clarify the halacha, it defines it. And therefore only on that is there a parsha of lo sasur and zakein mamrei, as is explicit in the rishonim.