how come, with regards to halacha le'maaseh, Rambam speaks of this concept of rabim metzuyin sham, and shulchan aruch makes no mention at all and simply discusses the make-up of teh 'ochlusia' i.e the issue of whether the town is majority goyim or jews, with no mention of the 'rabim metzuin sham' ?
michal, melbourne
Dear Michal,
Hello there and thanks for your question. The truth is that indeed the Shulchan Aruch (259) does use a slightly different language than the Rambam does, and does not mention Rabim Metzuyin Sham. However, both the Rambam and Shulchan Aruch maintain that the Halachah is like Rebbi Shimon Ben Elazar only in the case of Rov Goyim. This is also how most Rishonim rule, (except for the Ra'avad who quotes other Rishonim). In practical application the Rambam and Shulchan Aruch agree. The Rambam wrote the Halachah very similar to the way it is in the Gemara, while the Shulchan Aruch rephrased it.
All the best.
Y. Landy