Someday,
“When I said 3 mechitzos, I was referring to the 3 redundant tzuros hapesech put up by 3 independent batei dininim.”
Huh. Actually, most poskim maintain that a tzuras hapesach is a mechitzah d”Oraysa. In any case, huh
“The Teshuvos HaRashba’s psak is accepted, not to use a tzuras hapesach for a RH”R deOirsissa. If shishim riboi is required to constitute a RH”R deOiraissa according to roiv Roishoinim (which I believe is what you were touching on,) depends on how you count the shitois.”
Since you are not clear in what Rashba you are referring to, I will include all the possibilities.
1) You are referring to accepting the criterion of shishim ribo (and that is why you mentioned his teshuvos). You are absolutely incorrect. We do not follow the Rashba, we accept shishim ribo lechatchilah. The Rema and all the Reshonim from Tzarfas and Ashkenaz accept shishim ribo lechatchilah. While the Rishonim argue that the Rashba did not accept the criterion, and therefore we accept it as a given that he opposes the fundament, it is not at all clear from where we see this in his actual words (I have a lot to say about this matter but alas it is irrelevant because the Rishonim take it as a given).
2) You are referring to a tzuras hapesach reclassifying a reshus harabbim to a reshus hayachid me’d’Oraysa. The Rashba maintains that the Chachamim maintain that a tzuras hapesach would do so. [However, the Rashba paskens like Rav Yehudah.] In fact many poskim maintain as such, notably the Shulchan Aruch Harav.
3) You are referring to shitas HaRashba regarding platyas. In fact most Reshonim do not accept the Rashba’s shita at all. Most poskim do not follow the Rashba regarding platyas.
“This is the famous machloikes of the Mishkonois Yaakov and the Bais Ephraim. See SH”A OR”CH soman 364 se’if 2, Bais Ephraim OR”CH siman 26 and Chazon Ish OR”CH siman 107 ois 4. [The Mishkanois Yaakov became famous with this teshuvah of his in disagreement with the renowned gadol hadol R’ Ephraim Zalman Margoliois z”l.]
(I think?)”
Their machlokas was mainly regarding four issues:
1) Do we accept shishim ribo lchatchilah?
2) Do we pasken like the Chachamim or Rav Yehudah?
3) Are pirtzos esser me’d’Oraysa or me’d’rabbanan?
4) Are delasos required for a karmelis?
The world followed the Bais Ephraim regarding all these issues. We accept shishim ribo lchatchilah. We pasken like the Chachamim. Pirtzos esser is only me’d’rabbanan A karmelis does not require delasos.