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 Another takanah established by Rabban Yochanan ben Zakkai after the churban: that the day of the Omer offering should be forbidden to eat chadash all day. 

 Summary 

According to the shittah of the gemara now, chadash is permitted at the break of day on the 16th of Nissan, since there is no Omer offering*.

 The reason for this takanah is: When the beis hamikdash will be rebuilt people will remember that in the previous year (eshtakad is a portmanteau of shatta kodmo) they ate at daybreak and they will not know that now it is necessary to wait for the Omer.

 Challenge: When will the beis hamikdash be rebuilt that would pose a problem? If it is rebuilt on the 16th of Nissan, then it already became permissible at daybreak! 

If it is rebuilt on the 15th, then it should be permissible by chatzos already, as we learned in a mishna: “Those who live far away are permitted from chatzos and on, because beis din does not tarry with the Omer”.

 Resolution: In case it is rebuilt late in the day on the fifteenth or on the night of the sixteenth and they won’t have time for the Omer process.

 Rav Nachman bar Yitzchok: Rabban Yochanan ben Zakkai follows the shittah of Rabbi Yehuda that chadash on the sixteenth is forbidden min haTorah [not like we learned previously that it would be permitted at daybreak] because it’s written “up until the day itself”, it means up to and including that day.

 Challenge: But Rabban Yochanan doesn’t follow the shittah of Rabbi Yehuda, as we learned:

“After the churban Rabban Yochanan ben Zakkai instituted that the day of the Omer offering should be forbidden to eat chadash all day.

 Rabbi Yehuda (the word “lo” is omitted because he came later): But it is a Torah prohibition as it states: “up until the day itself”, it means up to and including that day.”

 Resolution: Rabbi Yehuda was in error, he thought Rabban Yochanan was referring to a rabbinic enactment, actually it was the Torah law.

 Challenge: But it states that Rabban Yochanan “instituted” it?

 Resolution: He instituted it in practice on the first year after the churban, but the practice was based on the law of the Torah. 

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* Tosfos: A Beis Hamikdash is not necessary for korbanos but there must be a mizbeach, since we don’t have the mizbeach we cannot bring korbanos.