My bad. I take back what I said. I misremembered the Mishnah. Thank you newhere and GAW. I apologize.
Ohr Chodesh: What about the concept that “Yeish Koach B’yad Chachamim La’akor Davar Min Hatorah Afilu B’kum V’asei” according to many Rishonim? And even according to the others they can still do it B’shev V’al Ta’aseh.