We know in Shas that in various situations, when there is a machlokes as to how to pasken, we follow the opinion of he that was chronologically later. (Ex. see Tosafos to B'rachos 13b s.v. Amar Rava.) Certainly, we could assign logic to this and suggest reasons. However - would anyone know of a mareh makom (source) that discusses the reason for this?
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2yeshiva.org.il/wiki/…– YishaiJul 31, 2016 at 18:57
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2@Yishai Thank you! For the benefit of other viewers, I'll quote below (although there is more of a discussion and qualification at the above site) : לפי שהאחרונים דקדקו יותר מהראשונים להעמיד הלכה על בוריה (תוספות קדושין מה ב ד"ה הוה עובדא), שהאחרונים ידעו סברת הראשונים וסברתם, והכריעו בין אלו הסברות, ועמדו על עיקרו של דבר (רא"ש סנהדרין ד ו).– TalmidJul 31, 2016 at 22:45
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You're missing a critical point in your question. If it was that we always paskened like the basra'i, then all would be well and good based on the sources you quoted. The problem, though, is that we don't pasken like the basra'i. We pasken like the basra'i starting from and including Abaye and Rava's generation. Before that, we paskened like the earlier generation. That's all in that same Tosfos in Kiddushin that you quoted.– DonielFAug 2, 2016 at 14:55
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@DonielFilreis Thanks so much for your comment. The link that Yishai referred me to contains a discussion of this point as well. As it turns out, the very point you mentioned is the subject of a machlokes rishonim. Taking your point into consideration is part of the reason that I left my question amorphous - "in various situations". The answer would therefore be required to address any qualifications and address their reasoning.– TalmidAug 3, 2016 at 19:11
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