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In his disagreement with the Maharshal's ruling not to start Shemini Atzeres early, the Taz's first objection is a long poetic rendition about why we shouldn't forbid something that isn't mentioned in the Gemara or earlier Poskim.

On Shavuos, not only does the Taz accept the Shelah's ruling not to make kiddush early, but he extends it to not davening maariv early. As far as I know, the whole issue isn't mentioned by anyone earlier than the Shelah, and maariv isn't mentioned by anyone earlier than the Taz.

Why is the Taz inconsistent between these two very similar cases?


(I'm asking only about the Taz's objection to forbidding something that was not mentioned in earlier sources. His further objections to the Maharshal are based on his opinion that can be summarized as "strong tosefes". This is conceptually consistent with his strict ruling on Shavuos once you accept the Shelah's drasha of תמימות. I don't think this point is essential to the question, but can elaborate if necessary.)

  • I don't see contradiction. Temimot is an exception and there is no possibility to add from the chol to kodesh. – kouty Jun 23 '19 at 20:29
  • @kouty a few achronim say that, but most say that you still have to do tosefes, just not kiddush. The contradiction is that the Shelah's drasha originated with him and doesn't come from the Gemara or Poskim - exactly the same as the Maharshal's ruling that the Taz rejects for this reason. Conceptually his two positions make a lot of sense together, but not in his attitude to chiddushim not found in Chazal. – Heshy Jun 23 '19 at 21:50
  • No one actually believes that everything must be in Shas. By ShAtz the Taz is implicitly saying that there isn't enough basis to defend a practice that isn't mentioned in Shas. But if there's a strong enough argument he'd accept it, as evidently happened for shavuot – Double AA Jun 24 '19 at 18:17
  • @DoubleAA that's reasonable in logic, but his tone makes the contrast even stronger. (a) "There's no way this is possible (לפענ"ד)!! How can you make people fast until the night?? And even if you did there's no way Chazal would have been silent about it!!" (b) "We daven maariv late on Shavuos because תמימות" with no further elaboration. – Heshy Jun 24 '19 at 19:17
  • As you said he's poetic. That means he's trying to make a point. Sometimes people feel a need to make a point and sometimes they don't. Whatever. – Double AA Jun 24 '19 at 21:48

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