As far as I am aware, there are 3 major categories of Torah She’baal peh;

a) Known via direct Mesorah.

b) Known via interpretation (following the RULES of interpretation [eg hermeneutic laws and s’vara] that they knew via direct Mesorah).

c) New legislation (Takkanot, Gezairot).

In all 3 categories there are arguments (besides category a) according to Rambam) between the Tana’im and Amo’ra’im. I know that there exist rules/protocols about what we should do PRACTICALLY (meaning; how we should live our lives) in such cases of machlokes.

What is the SOURCE of those rules/protocols [for dealing with machlokes] for each of the 3 categories? Did they know those rules/protocols via direct Mesorah or via interpretation? (This might be called “darkei ha’p’sak”).

  • Heard from R Yitzchak Breitowitz: The SOURCE of the rules/protocols written in the Gemara [for dealing with machlokes] for each of the 3 categories was s’vara (based on their logic and experience regarding the relative level of reliability of the person on each side of the machlokes) decided by various Amoraim, but approved as it were by the mesadrim of the Talmud who considered these rules as sensible. Those rules/protocols certainly did not come via direct Mesorah from Hashem. He did not provide me with a source for this.
    – Tzvi K
    Dec 12, 2022 at 15:58


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