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I think that I found this talmudical debate the words are not precisely the word of the OP, but the consequences are the same. Up to day I have not found a better source. This Gemara is in Eruvin 64b-65a: R'Shesheth citing R'Eleazar B`Azariah observed: I could justify the exemption from judgment of all the [Israelite] world since the day of the ...


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No. The conversation of the Gemara takes place after the churban. The fact that they are discussing the practical application of halacha proves they held ot binding in their era.


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Rashi is commenting if Eliyahu would come and give a answer then. At that point היתר ואיסור אין תלוי בו דלא בשמים היא. When Moshiach comes then Eliyahu will be back on this world, and then his Psak will be accepted.



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