Rav Shach brings a difficult Rambam in the laws of idolatry. ch 4 law 2. The Rambam says for a עיר הנדחת [a city that does idolatry] you need 100 or more to be seduced to worship an idol, and you need the area to be a city with no less than 100 people. And he also says you need a majority of the city.
Then it gets the category of a city that does idolatry which must be destroyed. The max limit is the majority of a tribe for the size of the city. And the max limit of the number of people is also the majority of a tribe.
This does not seem to be in accord with any opinion in the Gemara.
R. Yoshiyah says you need the city to be from 10 people up until 100 people. R. Yonatan says from 100 people until the majority of a tribe. Sanhedrin 15b
So the Rambam does decide like R. Yonatan, but if we go by the majority of a city, then 51 should be enough if the city has 100 people.
I am wondering how Rav Shach answers this which I did not understand.
I am also wondering if "and" could help us. That is intersection. Perhaps the Rambam is thinking that "and" in the verse means you need two conditions- both: (1)100 people and (2) a city of a hundred.
Since "and" is an argument between these two amoraim perhaps that is how the Rambam understood the Amora that he is deciding like. But intersection is the opinion of R. Oshiyah and that does not seem to help.
But since in this case the only difference between R Yoshiya and R Yonatan in the numbers, not in the verses so the Rambam might hold both hold the "and" is to cause intersection. {This and that. Not "this or that".}
Then it gets the category of a city that does idolatry which must be destroyed. The max limit is the majority of a tribe for the size of the city. And the max limit of the number of people is also the majority of a tribe.
This does not seem to be in accord with any opinion in the Gemara.
R. Yoshiyah says you need the city to be from 10 people up until 100 people. R. Yonatan says from 100 people until the majority of a tribe. Sanhedrin 15b
So the Rambam does decide like R. Yonatan, but if we go by the majority of a city, then 51 should be enough if the city has 100 people.
I am wondering how Rav Shach answers this which I did not understand.
I am also wondering if "and" could help us. That is intersection. Perhaps the Rambam is thinking that "and" in the verse means you need two conditions- both: (1)100 people and (2) a city of a hundred.
Since "and" is an argument between these two amoraim perhaps that is how the Rambam understood the Amora that he is deciding like. But intersection is the opinion of R. Oshiyah and that does not seem to help.
But since in this case the only difference between R Yoshiya and R Yonatan in the numbers, not in the verses so the Rambam might hold both hold the "and" is to cause intersection. {This and that. Not "this or that".}