Reply To: Machlokes on Halacha LeMoshe MiSinai

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The Rambam never states that there can be no Machlokis if something is a Halacha L’Moshe M’Sinai, or not. What he states is that there cannot be a Machlokis on something that is a Halacha L’Moshe M’Sinai (or Divrei Kabbala). Here, we are discussing a law that is not subject of disagreement, only its source is. What this tells us, is that clearly in the time of Reish Lakosh and Reb Yochanon the source of the Halacha was not known. (This is not a problem as it was an unargued upon law either because it was a unique Halacha L’Moshe M’Sinai, or because it was already part of an established law of Chinuch Banim, therefore the source of the law is not integral. In either case, the Rambam holds there can be no arguments on it.) Reish Lakosh held this unaccounted and in his opinion unsourced law must have been a Halacha L’Moshe M’Sinai. Reb Yochonan held that this law is sourced as a general extension from Chinuch Banim. As a side, the overall point of the Rambam was more to explain the different parts of Torah Sh’Bal Peh. What he was explaining was that the categories of HL”M and D”K are both categories of law that was not given to the Chachamim to extrapolate subjectively using Svara or 13 Middos. It was not necessarily a historic rule that there never was a disagreement about something that was originally a HL”M or D”K. But, in any case, this Gemara in Nazir is not a contradiction.