Halachah is in Accordance with R' Yose? — Eruvin 83b

Halachah is in Accordance with R' Yose? — Eruvin 83b

תוספות עירובין דף פג/ב

ולכאורה נראה דאין הלכה כרבי יוסי כדאמרינן במי שהוציאוהו (לעיל דף מו:) דהלכה כר' יוסי מחבירו ולא מחביריו

From Teshuvos Yechaveh Da'as 4:51:

In Meseches Mezuzah (chap. 2) there is a dispute between the Sages and R' Yose concerning the placement of a mezuzah in the case of a portico that cannot be accessed from outside. One can only enter it from within a house. The Sages assert that the mezuzah is placed on the right side when entering from the portico into the house, while R' Yose maintains that the mezuzah is placed on the right side when exiting from the house into the portico.

Now, above (46b; see Tosafos to Ta'anis 28a) we learned that the law is in accordance with R' Yose even when he disagrees with several of his colleagues, because his logic was unassailable (הלכה כרבי יוסי אף מחבריו, שרבי יוסי נימוקו עמו). However, Tosafos here (d.h. Shivas), and the Rosh (Sukkah 1:31) in the name of the Geonim and the Ramban write that the proper version reads that the law is only in accordance with R' Yose when he disagrees with a single colleague, not with many of them. The Yad Malachi (§230) writes that this version of the principle is the correct one.

(Interestingly, however, Teshuvos Yechaveh Da'as does not feel bound to take the description of the dispute as described in Meseches Mezuzah as authoritative, as many authorities have written that the Mesechtos Ketanos do not contain Baraisos that underwent the editing of R' Chiya and R' Oshiya, and are therefore replete with errors.)