Eruvin 47 – Who does the law follow?

The majority of the laws are formulated by the four students of Rabbi Akiva: Rabbi Yose, Rabbi Yehudah, Rabbi Meir, and Rabbi Shimon. Whenever they disagree, the law is decided first in accordance with Rabbi Yose, if he is one of the disputants, then Rabbi Yehudah, and so on, in the order listed above.

However, Rav Mesharshya said that these rules are not true. That is strange: these rules are so well established that hardly anybody argues with them. The Talmud goes through multiple example, trying to agree with Rav Mesharshya. For example, to change one's residence area for Shabbat (techum), a poor man can walk to the new place on Friday evening and stay their until night, and a rich man can put his food there, even through a messenger. Rabbi Meir says that these laws are for the benefits of the poor, who alone is allowed to do in the first one, but Rabbi Yehudah says that they are a leniency for the rich. On that, Rav said “The law follows Rabbi Yehudah.”

But Rav did not have to say this! We know it from the rules of precedence! It must be, therefore, that Rav Mesharshya is right, and the rules of precedence do not apply!? – No, only Rav does not agree with them, but others do.

The Talmud then makes a few more attempts, but concludes that everybody agrees to the rules of precedence and Rav Mesharshya must be wrong. Then what did he mean by his statement? – Only that these are not universally accepted, and there is at least one Sages who disagrees – this Sage being Rav himself.

Art: Giovan Francesco Locatelli - The rich and poor