Brochas Daf Chof Zayin amud beis
There was an incident involving a certain disciple who
came before R. Yehoshua. He said to him, is the evening prayer elective or
obligatory? He replied it is elective...
...The questioner arose (in the study hall) and asked,is
the evening prayer elective or obligatory? Raban Gamliel replied it is
compulsory. Raban Gamliel said to the
sages, is there anyone here who disputes this ruling. R. Yehoshua said to him,
"no."
The Ben Yehoyada asks how R. Yehoshua could change his
response to the same question. He responds that the person asking the question
was different and thus appropriately elicited different answers.
The disciple cited in the first part of the Brysa was, as
the Gemara tells us, R. Yochanan ben Zachai. The questioner in the second half
of the Brysa was the "Torgoman," the official designated within the
study hall to announce the questions.
When R. Yehoshua was asked a question by R. Yochanan ben
Zachai he realised that the question was not designed to elicit the halacha
because once Jews "took on" the obligations of Maariv it became
obligatory for them. Rather the question was designed to elicit either the
essence of Maariv or alternatively to determine the relative priorities
associated with fulfilling some other mitzva at the time Maariv falls due.
In the Beis Medrash when the questioner was the Torgoman,
R. Yehoshua had to assume he was being asked about the basic Halacha, and
therefore had no doubt in responding that it was obligatory.
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