The Gemara says (in Yevamos 42b-43a as well as other places) that "וכי רבי לא שנאה ר' חייא מנין לו". In context of Yevamos, it means that if there is an argument in a Mishna and a Stam in a Braisa, we don't follow the Stam Braisa since how did Rabbi Chiya know that the Halacha follows that opinion if his teacher (Rebbi) didn't.

Who was R' Chiya?

If he was a Tanna, he'd have the authority to argue on his teacher (as we see Rebbi and Rabbi Shimon Ben Gamliel arguing). Why do we "ignore" his Hilchasa K'Ploni?

Even if was an Amora, we bring proofs from earlier Amorayim to support claims of earlier Amorayim. Why is he worse than Rav, Shmuel, or Rav Yochanan on this?

  • הלכה כרבי מחברו maybe?
    – Double AA
    Commented Jan 18, 2015 at 17:59
  • @DoubleAA Is a safek a psak? Commented Jan 18, 2015 at 18:30

2 Answers 2


As far as I have understood from speaking to Rebbeim, R' Chiya was a teacher of Baraisos. He was not himself a Tanna. Baraisas that went through the academy of R' Chiya were assumed to be authoritative. However, if R' Chiya taught something which had no reference or hint to it in the Mishna, it is assumed that it is a mistake. R' Chiya is not talking on his own authority, and therefore when his Baraisa is seemingly corrupted, it is worse than even just the statement of an Amora.

Tosefos in Niddah 62b says that this rule only applies when it is clear that the point of the Baraisa is not hinted to in the Mishna. So when that's the case, it indicates the Baraisa is corrupted.

  • Rabbi Chiya is Rav's uncle. If Rav can be a Tanna, why can't Rabbi Chiya? Commented Jan 19, 2015 at 3:54
  • 1
    @ShmuelBrin Being a Tanna wasn't just a matter of age. Shmuel was approximately 10 years older than Rav and he isn't a Tanna. It had more to do with their education and tradition. Commented Jan 20, 2015 at 3:39

R' Chiya was Rebbi's student, and hence even if considered a Tanna (ive seen him referred to as both) cannot argue on Rebbe since that would effectively be arguing on the Mishna.

  • 2
    This information seems to be in the question itself.
    – Scimonster
    Commented Jan 18, 2015 at 18:25
  • So he's an Amora. And when there's a Machlokes in the Mishna the Amoraim decide who the Halacha follows, like Halacha KeRabbi Shimon etc. So why is Rabbi Chiya worse than that? Commented Jan 19, 2015 at 3:53
  • @ShmuelBrin i think there is a difference on the tradition of halacha(i.e. resolving machlokes) and disputing the Mishna (i.e. saying there is no machlokes and its actally supposed to be a braisa)
    – warz3
    Commented Jan 19, 2015 at 4:59

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