What do you think could be behind the different answers of the rishonim regarding the need for reshus in hora'ah? To what extent do the rishonim view hora'ah as fundamentally similar or different than din? What is the role of the poseik when issuing a p'sak hora'ah and does this differ from the dayan's role in din?
Respond to all or any one of the questions above and/or previous posts.
Tosfos says that our Gemara (5a) doesnt mention a need for Reshus, because unlike the gemara in the 4th Perek (33b), the person in our gemara has previously recieved Reshus/a Petur Tashlumin through his netilas reshus for din. THerefore, Tosfos seems to be equating the netilas reshus for horaah and din. However, one could raise the following question on Tosfos: in the Gemara the order was "Yoreh? Yoreh. Yodin? Yodin", so it seems that he had reshus for horaah before din, so how can Tosfos say that he already had reshus for din??
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