gaw – i happened to have learned that gemara (bb5a) yesterday. I love when that happens. Do you mean rashi? Whether yashar v’tov was a chiyuv for ravina in that case seemed unclear to me (in my admittedly superficial learning of the sugya). regardless, it’d fall into my broad definition of halacha above. My point wasn’t how halachah is made or its internal rules and procedures, my point was that it can be made, definitively. Once something is definitively halacha, either you believe it is moral or you are a kofer. I see no logical third choice. Do you?
Sam2 – you said: “the Rambam Paskening against HaKadosh Baruch Hu in Yevamos 63…”
I’ve never learned Yevamos, but I’ve never come across a machlokes between the rambam and HKBH and certainly not one cited in a gemara. lol. care to elaborate?