Yichusdik:
Your entitled to your opinion, of course, but we aren’t allowed to derive any new gizeira shava. But read the whole piece, even though you like Rabbi Student, if you want to be intellectually honest about the matter.
Sam2:
I believe there are other answers, in addition to the one I gave. It would be nice if a talmid chacham could post, rather than myself.
But I still maintain the question is pilpul simply because the Rambam himself used it as a basis for a major psak that he, himself, gave. So how could you claim the Rambam pasken differently than his own Mishne Torah?
Regarding others, it’s not just the Maharal who brings the oaths liMaaseh but many others. Please don’t insinuate that this gemara is some fringe belief when it is not so.
So, again, the Rambam himself paskened from those oaths, poskim and rabbanim throughout the ages applied them liMaaseh, and even RZ Rabbis grappled with them as halacha liMaaseh.
So how can anyone accuse me of CH”V being migaleh panim baTorah sheLo kiHalacha when I have simply stated that the Rambam must hold liMaaseh a widely-held halacha from a gemara which he, the Rambam, himself paskened from?
Why, if you wanted to be intellectually honest, would you not admit that there is no way the Rambam disagreed with that gemara’s applicability given that he himself paskened from it, despite your question of why it’s not in Mishne Torah?