Sam2 is correct here. Anyone who learns the sugya sees that chodosh is an issur d’oraiso even in chutz la’aretz, only lumdishe pyrotechnics can dispute this. And yet we find that for whatever reason, it was not kept. Since it is inconceivable from a theological point of view that Am Yisrael transgressed an issur d’oraiso for so long, the Bach came up with a way to deal with it. We did not pasken like the Bach, we simply accepted the Bach’s explanation. Nowadays when yoshon is easily available, it is just as inconceivable that we not change our old ways. It is not a chumrah, the mishna is quite clear about it. I think it is obvious that had yoshon been readily available in the days of the Bach, no heter would have been offered.
Menu