Daf Yomi - Sukkah 6 - Majority Rules

Rabbi Shlomo Kluger writes that there is a novel idea that can be derived from the halacha LeMoshe MiSinai that teaches us biblical measurements. If these measurements would only be derived from a verse in the Torah, we would apply the principle of rubo kikulo, a majority of a matter is akin to the entire matter. The halacha LeMoshe MiSinai therefore teaches us that one is required to immerse in a mikveh that contains forty se’ah and it would not be sufficient if there would be just thirty-nine se’ah. Furthermore, one will not fulfill his obligation of eating matzah by eating anything less than a kezayis, because the halacha teaches that one must eat the full the entire amount. The Chasam Sofer disagrees and maintains that one cannot apply the principle of rubo kikulo in these instances, because a majority is sufficient as long as there is a complete matter. The Chasam Sofer cites a number of examples to prove this point. One example would be if the entire Sanhedrin convened, they can rule according to the majority opinion. It is obvious, however, that we do not convene a majority of the Sanhedrin and allow them to rule. Another example would be that if ten people convene to hear borchu and seven of them have not yet heard borchu, the group is deemed to have comprised a minyan quorum. Nonetheless, we cannot merely convene seven men and allow them to reckon themselves as a minyan quorum by applying the principle of a majority. Similarly, a mikveh is required to contain forty se’ah and then can we apply the principle of majority.

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