Klalei HaTalmud - Revision history

Unknown user at 05:17, 21 June 2022

2022-06-21T05:17:42Z

← Older revision		Revision as of 05:17, 21 June 2022
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	#According to some, Rabbi Yehuda HaNasi condensed Shas into six Sedarim, but others contend that was done already by Beit Shammai and Beit Hillel.<ref>Shem HaGedolim (Gedolim, Kuntress Acharon, Resh 2)</ref>		#According to some, Rabbi Yehuda HaNasi condensed Shas into six Sedarim, but others contend that was done already by Beit Shammai and Beit Hillel.<ref>Shem HaGedolim (Gedolim, Kuntress Acharon, Resh 2)</ref>

	==Talmudic Phraseology (Leshonot ~~HaGemara~~)==		==Talmudic Phraseology (Leshonot Hagemara)==

	#Sometimes, the Gemara will use the same phrase in different places but refer to totally different concepts, while, other times, it will use different phrases in different places to refer to the same concept.<ref>Numerous Rishonim cited in Halichot Olam 3:8, Yad Malachi Klalei HaTalmud 374</ref>		#Sometimes, the Gemara will use the same phrase in different places but refer to totally different concepts, while, other times, it will use different phrases in different places to refer to the same concept.<ref>Numerous Rishonim cited in Halichot Olam 3:8, Yad Malachi Klalei HaTalmud 374</ref>

Unknown user at 15:48, 12 June 2022

2022-06-12T15:48:57Z

← Older revision		Revision as of 15:48, 12 June 2022
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	==History of the Talmud==		==History of the Talmud==

	#According to some, Rabbi Yehuda HaNasi condensed Shas into six Sedarim, but others ~~content~~ that was done already by Beit Shammai and Beit Hillel.<ref>Shem HaGedolim (Gedolim, Kuntress Acharon, Resh 2)</ref>		#According to some, Rabbi Yehuda HaNasi condensed Shas into six Sedarim, but others contend that was done already by Beit Shammai and Beit Hillel.<ref>Shem HaGedolim (Gedolim, Kuntress Acharon, Resh 2)</ref>

	==Talmudic Phraseology (Leshonot HaGemara)==		==Talmudic Phraseology (Leshonot HaGemara)==

Unknown user: Reverted edits by User792 (talk) to last revision by Kaleihatalmud

2022-06-12T15:48:33Z

Reverted edits by User792 (talk) to last revision by Kaleihatalmud

← Older revision		Revision as of 15:48, 12 June 2022
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	==History of the Talmud==		==History of the Talmud==

	#According to some, Rabbi Yehuda HaNasi condensed Shas into six Sedarim, but others ~~contend~~ that was done already by Beit Shammai and Beit Hillel.<ref>Shem HaGedolim (Gedolim, Kuntress Acharon, Resh 2)</ref>		#According to some, Rabbi Yehuda HaNasi condensed Shas into six Sedarim, but others content that was done already by Beit Shammai and Beit Hillel.<ref>Shem HaGedolim (Gedolim, Kuntress Acharon, Resh 2)</ref>

	==Talmudic Phraseology (Leshonot HaGemara)==		==Talmudic Phraseology (Leshonot HaGemara)==
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	==Names and Titles of Tannaim and Amoraim==		==Names and Titles of Tannaim and Amoraim==

			#Rabbi Eliezer when mentioned without further detail refers to Rabbi Eliezer ben Hyrcanus.<ref name=":0">Rambam Introduction to the Mishna Chapter 6</ref>
			#Rabbi Yehoshua when mentioned without further detail refers to Rabbi Yehoshua ben Chananya.<ref name=":0" />
			#Rabbi Yehudah when mentioned without further detail refers to Rabbi Yehudah bar Ilai.<ref name=":0" />
			#"Chasid Echad" ("a certain pious one") refers to either Rabbi Yehuda bar Ilai or Rabbi Yehuda be Bava. <ref>Temura 15b, Baba Kama 103b</ref> However, when the Rambam quotes this rule he only mentions it referring to Rabbi Yehudah bar Ilai. <ref name=":0" />
			#Rabbi Elazar when mentioned without further detail refers to Rabbi Elazar Ben Shamua HaKohein.<ref name=":0" />
			#Rabbi Shimon when mentioned without further detail refers to Rabbi Shimon bar Yochai.<ref name=":0" />
			#Ben Azai, Ben Zoma and Ben Nanas refer to Shimon ben Azai, Shimon ben Zoma and Shimon ben Nanas.<ref name=":0" />
			#Ben Beteira refers to Rabbi Yehoshua Ben Beteira.<ref name=":0" />
			#Ben Bag Bag refers to Rabbi Yochanan Ben Bag Bag.<ref name=":0" />
			#"Acheirim" (others) refers to Rabbi Meir and "Some say" refers to Rabbi Natan. This was a punishment for their attempt to replace Rabbi Shimon Ben Gamliel as Nasi.<ref>Horayot 13b</ref>
			#Rabbi Meir is referred to in many ways. "A disciple of Rabbi Yishmael stated in the presence of Rabbi Akiva." He is also called Rabbi Nehorai (Aramaic equivalent of Meir).<ref name=":0" /> His original name was Rabbi Nechamia (though its possible not all agree to this).<ref>Rambam Introduction to the Mishna Chapter 6 writes that Rebbi Nechemia is Rabbi Meir's original name. However in his Introduction to the Mishna Torah, the Rambam writes that Rabbi Nechemia was Rabbi Meir's friend. Seemingly the Rambam changed his mind though it is also possible that the Rambam thought there are two people named Rabbi Nechemia in the Talmud.</ref> As mentioned above, he is also referred to as "Acheirim."
			#Yochanan Kohein Gadol refers to Yochanan Ben Matityahu from the time of Chanukah.<ref name=":0" />
			#When Chazal say "It was discussed before the Sages," they are referring to Rabbi Shimon ben Azzai, Rabbi Shimon ben Zoma, Rabbi Shimon ben Nannas Chanan and Chananya of Ono.<ref name=":0" />
			#When the Mishna refers to "Chachamim" sometimes it refers to one of the Rabbis whose name was mentioned earlier; other times it refers to the multitude of Rabbis at a given time. Sometimes the Gemara will say that the view of Chachamim is Rabbi So and So but that means that his opinion was accepted by many Rabbis.<ref name=":0" />
	#Rabbi Yehudah HaNasi is also known as "Rebbi," "Rabbi Yudan HaNassi," and "Rabbeinu," but he is not known as "Rabban," even though he was a Nasi, possibly because he refrained from referring to himself as such in the Mishnayot out of humility.<ref>Shem HaGedolim (Gedolim, Kuntress Acharon, Resh 2)</ref>		#Rabbi Yehudah HaNasi is also known as "Rebbi," "Rabbi Yudan HaNassi," and "Rabbeinu," but he is not known as "Rabban," even though he was a Nasi, possibly because he refrained from referring to himself as such in the Mishnayot out of humility.<ref>Shem HaGedolim (Gedolim, Kuntress Acharon, Resh 2)</ref>

Unknown user at 18:22, 5 April 2022

2022-04-05T18:22:22Z

← Older revision		Revision as of 18:22, 5 April 2022
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	==History of the Talmud==		==History of the Talmud==

	#According to some, Rabbi Yehuda HaNasi condensed Shas into six Sedarim, but others ~~content~~ that was done already by Beit Shammai and Beit Hillel.<ref>Shem HaGedolim (Gedolim, Kuntress Acharon, Resh 2)</ref>		#According to some, Rabbi Yehuda HaNasi condensed Shas into six Sedarim, but others contend that was done already by Beit Shammai and Beit Hillel.<ref>Shem HaGedolim (Gedolim, Kuntress Acharon, Resh 2)</ref>

	==Talmudic Phraseology (Leshonot HaGemara)==		==Talmudic Phraseology (Leshonot HaGemara)==
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	==Names and Titles of Tannaim and Amoraim==		==Names and Titles of Tannaim and Amoraim==

	~~#Rabbi Eliezer when mentioned without further detail refers to Rabbi Eliezer ben Hyrcanus.<ref name=":0">Rambam Introduction to the Mishna Chapter 6</ref>~~
	~~#Rabbi Yehoshua when mentioned without further detail refers to Rabbi Yehoshua ben Chananya.<ref name=":0" />~~
	~~#Rabbi Yehudah when mentioned without further detail refers to Rabbi Yehudah bar Ilai.<ref name=":0" />~~
	#"Chasid Echad" ("a certain pious one") refers to either Rabbi Yehuda bar Ilai or Rabbi Yehuda be Bava. <ref>Temura 15b, Baba Kama 103b</ref> However, when the Rambam quotes this rule he only mentions it referring to Rabbi Yehudah bar Ilai. <ref name=":0" />
	~~#Rabbi Elazar when mentioned without further detail refers to Rabbi Elazar Ben Shamua HaKohein.<ref name=":0" />~~
	~~#Rabbi Shimon when mentioned without further detail refers to Rabbi Shimon bar Yochai.<ref name=":0" />~~
	~~#Ben Azai, Ben Zoma and Ben Nanas refer to Shimon ben Azai, Shimon ben Zoma and Shimon ben Nanas.<ref name=":0" />~~
	~~#Ben Beteira refers to Rabbi Yehoshua Ben Beteira.<ref name=":0" />~~
	~~#Ben Bag Bag refers to Rabbi Yochanan Ben Bag Bag.<ref name=":0" />~~
	~~#"Acheirim" (others) refers to Rabbi Meir and "Some say" refers to Rabbi Natan. This was a punishment for their attempt to replace Rabbi Shimon Ben Gamliel as Nasi.<ref>Horayot 13b</ref>~~
	#Rabbi Meir is referred to in many ways. "A disciple of Rabbi Yishmael stated in the presence of Rabbi Akiva." He is also called Rabbi Nehorai (Aramaic equivalent of Meir).<ref name=":0" /> His original name was Rabbi Nechamia (though its possible not all agree to this).<ref>Rambam Introduction to the Mishna Chapter 6 writes that Rebbi Nechemia is Rabbi Meir's original name. However in his Introduction to the Mishna Torah, the Rambam writes that Rabbi Nechemia was Rabbi Meir's friend. Seemingly the Rambam changed his mind though it is also possible that the Rambam thought there are two people named Rabbi Nechemia in the Talmud.</ref> As mentioned above, he is also referred to as "Acheirim."
	~~#Yochanan Kohein Gadol refers to Yochanan Ben Matityahu from the time of Chanukah.<ref name=":0" />~~
	~~#When Chazal say "It was discussed before the Sages," they are referring to Rabbi Shimon ben Azzai, Rabbi Shimon ben Zoma, Rabbi Shimon ben Nannas Chanan and Chananya of Ono.<ref name=":0" />~~
	#When the Mishna refers to "Chachamim" sometimes it refers to one of the Rabbis whose name was mentioned earlier; other times it refers to the multitude of Rabbis at a given time. Sometimes the Gemara will say that the view of Chachamim is Rabbi So and So but that means that his opinion was accepted by many Rabbis.<ref name=":0" />
	#Rabbi Yehudah HaNasi is also known as "Rebbi," "Rabbi Yudan HaNassi," and "Rabbeinu," but he is not known as "Rabban," even though he was a Nasi, possibly because he refrained from referring to himself as such in the Mishnayot out of humility.<ref>Shem HaGedolim (Gedolim, Kuntress Acharon, Resh 2)</ref>		#Rabbi Yehudah HaNasi is also known as "Rebbi," "Rabbi Yudan HaNassi," and "Rabbeinu," but he is not known as "Rabban," even though he was a Nasi, possibly because he refrained from referring to himself as such in the Mishnayot out of humility.<ref>Shem HaGedolim (Gedolim, Kuntress Acharon, Resh 2)</ref>

Unknown user: Added more clarifications of names in the Talmud.

2021-07-13T11:32:02Z

Added more clarifications of names in the Talmud.

Show changes

Unknown user: /* Deciding Machloket */ maharik's klal

2021-05-30T02:29:28Z

Deciding Machloket: maharik's klal

← Older revision		Revision as of 02:29, 30 May 2021
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	== Deciding Machloket ==		== Deciding Machloket ==
	The Gemara provides a few examples and general guidelines about how to decide debates between individuals mentioned in Shas.		The Gemara provides a few examples and general guidelines about how to decide debates between individuals mentioned in Shas. Many assume these guidelines apply to every instance in Shas, while a some argue that they only apply to cases that have practical application as a means to allow for confident Halachic observance, whereas the Halacha about debates in topics like Kodashim and Tahorot remain to be determined.<ref>The [[Maharik]] (Shoresh 165) argues that the Klalim were never meant to decide every single case in Kol HaTorah Kullah but, rather, to enable us to actually figure out what to do when it mattered. In cases where the issue is of no practical relevance, the Klalim do not apply. Others argue that there is no indication of this from the [[Rambam]], [[Rosh]], or other poskim until his day, except for maybe on Tosafot in Shabbat 70. The [[Maharik]]'s view has been accepted by some Acharonim, as listed in Yad Malachi (Klalei HaTalmud 234), but rejected by many, as well. See Chavot Yair 94:1, Yad Malachi ibid, Ezrat Nashim (Shemot Anashim, Avshalom), the [[Chida]] in a number of places (Sha'ar Yosef Horayot 2a, Achorei Tara ad loc, Heseg Yad ad loc 40, Chaim She'al 2:31:5 s.v. atah, Ein Zocher (Heh 13)), Divrei Malkiel 2:108, and Rav Kook's letter Rehita DeChalkaei printed in Sdei Chemed vol. 10 pg 1960b and Otzrot HaReiyah vol. 6 pg. 33.</ref>
	=== General ===		=== General ===
	# "Ein Halacha KeShitah" (אין הלכה כשיטה) - In Torah literature, brevity is an oft used tool. As such, when the Gemara lists Tannaim or Amoraim who espose a similar view, it is indicating that they are the minority and their opinion is not accepted. Some say that this is only true when it's formulated as "פלוני ופלוני אמרו דבר אחד" and not "פלוני ופלוני כולהו סבירא להו כך וכך," while others argue the opposite.<ref>Halichot Olam 5:3:7 and Klalei HaGemara ad loc.</ref>		# "Ein Halacha KeShitah" (אין הלכה כשיטה) - In Torah literature, brevity is an oft used tool. As such, when the Gemara lists Tannaim or Amoraim who espose a similar view, it is indicating that they are the minority and their opinion is not accepted. Some say that this is only true when it's formulated as "פלוני ופלוני אמרו דבר אחד" and not "פלוני ופלוני כולהו סבירא להו כך וכך," while others argue the opposite.<ref>Halichot Olam 5:3:7 and Klalei HaGemara ad loc.</ref>

Unknown user: /* Amoraim */

2020-08-13T20:59:42Z

Amoraim

← Older revision		Revision as of 20:59, 13 August 2020
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	=== Amoraim ===		=== Amoraim ===
	# Amoraim often elucidate the shitot of Tannaim in Mishnayot even if the Halacha doesn't follow them, so there's no proof to be brought from the fact that the view of a certain Tanna in a Mishnah is elucidated to prove which the Halacha should follow. However, proof may be brought from such an instance with respect to a Tanna in a Baraita or another Amora.<ref>Korban Netanel (Klalim 13). See Yad Malachi (Klalei HaTalmud 23, 355) who seems to disagree about elucidating against one's own position.</ref>		# Amoraim often elucidate the shitot of Tannaim in Mishnayot even if the Halacha doesn't follow them, so there's no proof to be brought from the fact that the view of a certain Tanna in a Mishnah is elucidated to prove which the Halacha should follow. However, proof may be brought from such an instance with respect to a Tanna in a Baraita or another Amora.<ref>Korban Netanel (Klalim 13). See Yad Malachi (Klalei HaTalmud 23, 355) who seems to disagree about elucidating against one's own position.</ref>
	# It's usually assumed that Amoraim cannot argue on Tannaim,<ref>Kessef Mishneh (Hilchot Mamrim 2:1), Klalei HaGemara on Halichot Olam (2:2:10), Chazon Ish (Kovetz Iggerot vol. 2 Iggeret 24, Orchot Ish page 186)</ref> but some say it's merely an honorary non Halachic distinction.<ref>Biur HaGra (Choshen Mishpat 25:6), See Tosafot (Ketubot 8a s.v. Rav Tanna Hu uPalig) and Kovetz Shiurim (Bava Batra 633) who says similarly in the name of Reb Chaim Soloveitchik. [http://www.yutorah.org/lectures/lecture.cfm/891586/rabbi-hershel-schachter/berachos-54-23b-24a-sitting-next-to-tefillin-amoraim-vs-tannaim-libo-roeh-es-haervah-hafrashas-terumah-mitzvah-or-mattir-ervas-tinok-and-akum/ Rav Hershel Schachter] (Nefesh HaRav page 36) takes this stance, as well. Rav Elchanan Wasserman also engaged the Chazon Ish in correspondence on this issue, after he wrote in Kuntress Divrei Sofrim (Siman 2, see Da'at Sofrim ad loc) that Chatimat HaMishnah and HaTalmud were enabled by the gathering of all the Chachmei HaDor (Kibutz Chachamim), which gave them the status of Beit Din HaGadol. The latter took an opposing view, as it discounted the inherent loftiness of the individual Chachamim and implied there was little different between them and later generations. (Kovetz Iggerot ibid). [https://www.youtube.com/watch?v=IlIjFgOCG1s Rav Asher Weiss] finds grounding for Reb Chaim in the Meiri, but he believes that given the Rambam says one cannot disagree without confidently understanding the difficult opinion at hand, there are just some generations that were so far from the previous one that a line must be drawn. See also Rav Asher Weiss's ([http://www.kolhalashon.com/New/Media/PlayShiur.aspx?FileName=0007-20171227-120625-כללי_הפסיקה_בדברי_הראשונים_והאחרונים-פרק_א.mp3&ShiurNum=22 I], [http://www.kolhalashon.com/New/Media/PlayShiur.aspx?FileName=0007-20180101-120625-כללי_הפסיקה_ב.mp3&ShiurNum=21 II], [http://www.kolhalashon.com/New/Media/PlayShiur.aspx?FileName=0007-20180104-120550-כללי_הפסיקה-חלק_ג.mp3&ShiurNum=20 III] and [http://www.yutorah.org/lectures/lecture.cfm/873470/rabbi-aryeh-lebowitz/intergenerational-debate-r-asher-weiss-on-disagreements-between-tannaim-amoraim-rishonim-acharonim/ Rav Aryeh Lebowitz's] shiurim on the topic.</ref> Some say that anybody, an Amora, or anybody else can argue about non-Halachic issues, such as history or the source for a Derasha, with Tannaim.<ref>Chochmat Shlomo (Maharshal) Sanhedrin 52b s.v. Gemara Ta'ah, Shoshanim LeDavid (Yoma 8:6 s.v. vekhol)</ref>		# It's usually assumed that Amoraim cannot argue on Tannaim,<ref>Kessef Mishneh (Hilchot Mamrim 2:1), Klalei HaGemara on Halichot Olam (2:2:10), Chazon Ish (Kovetz Iggerot vol. 2 Iggeret 24, Orchot Ish page 186)</ref> but some say it's merely an honorary non Halachic distinction.<ref>Biur HaGra (Choshen Mishpat 25:6), See Tosafot (Ketubot 8a s.v. Rav Tanna Hu uPalig) and Kovetz Shiurim (Bava Batra 633) who says similarly in the name of Reb Chaim Soloveitchik. [http://www.yutorah.org/lectures/lecture.cfm/891586/rabbi-hershel-schachter/berachos-54-23b-24a-sitting-next-to-tefillin-amoraim-vs-tannaim-libo-roeh-es-haervah-hafrashas-terumah-mitzvah-or-mattir-ervas-tinok-and-akum/ Rav Hershel Schachter] (Nefesh HaRav page 36) takes this stance, as well. Rav Elchanan Wasserman also engaged the Chazon Ish in correspondence on this issue, after he wrote in Kuntress Divrei Sofrim (Siman 2, see Da'at Sofrim ad loc) that Chatimat HaMishnah and HaTalmud were enabled by the gathering of all the Chachmei HaDor (Kibutz Chachamim), which gave them the status of Beit Din HaGadol. The latter took an opposing view, as it discounted the inherent loftiness of the individual Chachamim and implied there was little different between them and later generations. (Kovetz Iggerot ibid). [https://www.youtube.com/watch?v=IlIjFgOCG1s Rav Asher Weiss] finds grounding for Reb Chaim in the Meiri, but he believes that given the Rambam says one cannot disagree without confidently understanding the difficult opinion at hand, there are just some generations that were so far from the previous one that a line must be drawn. See also Rav Asher Weiss's ([http://www.kolhalashon.com/New/Media/PlayShiur.aspx?FileName=0007-20171227-120625-כללי_הפסיקה_בדברי_הראשונים_והאחרונים-פרק_א.mp3&ShiurNum=22 I], [http://www.kolhalashon.com/New/Media/PlayShiur.aspx?FileName=0007-20180101-120625-כללי_הפסיקה_ב.mp3&ShiurNum=21 II], [http://www.kolhalashon.com/New/Media/PlayShiur.aspx?FileName=0007-20180104-120550-כללי_הפסיקה-חלק_ג.mp3&ShiurNum=20 III] and [http://www.yutorah.org/lectures/lecture.cfm/873470/rabbi-aryeh-lebowitz/intergenerational-debate-r-asher-weiss-on-disagreements-between-tannaim-amoraim-rishonim-acharonim/ Rav Aryeh Lebowitz's] shiurim on the topic.</ref> Some say that anybody, an Amora, or anybody else can argue about non-Halachic issues, such as history or the source for a Derasha, with Tannaim.<ref>Chochmat Shlomo (Maharshal) Sanhedrin 52b s.v. Gemara Ta'ah, Shoshanim LeDavid (Yoma 8:6 s.v. vekhol). See [http://www.daat.ac.il/daat/mahshevt/agadot/hagada1-2.htm Rabbi Avraham Ben HaRambam (Introduction to Aggadot ch. 2 s.v. da ki)] writes that for passages of midrash one shouldn't believe opinions purely based on the one who said it without understanding whether it is right or wrong. He adds that with respect to statement of chazal regarding medicine and science one is not obligated to believed them as we are indeed obligated to follow and believe them with respect to their interpretation of Torah and halacha.</ref>

	==== Rav and Shmuel ====		==== Rav and Shmuel ====

Unknown user: /* Amoraim */ arguing on history

2020-08-12T03:13:34Z

Amoraim: arguing on history

← Older revision		Revision as of 03:13, 12 August 2020
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	=== Amoraim ===		=== Amoraim ===
	# Amoraim often elucidate the shitot of Tannaim in Mishnayot even if the Halacha doesn't follow them, so there's no proof to be brought from the fact that the view of a certain Tanna in a Mishnah is elucidated to prove which the Halacha should follow. However, proof may be brought from such an instance with respect to a Tanna in a Baraita or another Amora.<ref>Korban Netanel (Klalim 13). See Yad Malachi (Klalei HaTalmud 23, 355) who seems to disagree about elucidating against one's own position.</ref>		# Amoraim often elucidate the shitot of Tannaim in Mishnayot even if the Halacha doesn't follow them, so there's no proof to be brought from the fact that the view of a certain Tanna in a Mishnah is elucidated to prove which the Halacha should follow. However, proof may be brought from such an instance with respect to a Tanna in a Baraita or another Amora.<ref>Korban Netanel (Klalim 13). See Yad Malachi (Klalei HaTalmud 23, 355) who seems to disagree about elucidating against one's own position.</ref>
	# It's usually assumed that Amoraim cannot argue on Tannaim,<ref>Kessef Mishneh (Hilchot Mamrim 2:1), Klalei HaGemara on Halichot Olam (2:2:10), Chazon Ish (Kovetz Iggerot vol. 2 Iggeret 24, Orchot Ish page 186)</ref> but some say it's merely an honorary non Halachic distinction.<ref>Biur HaGra (Choshen Mishpat 25:6), See Tosafot (Ketubot 8a s.v. Rav Tanna Hu uPalig) and Kovetz Shiurim (Bava Batra 633) who says similarly in the name of Reb Chaim Soloveitchik. [http://www.yutorah.org/lectures/lecture.cfm/891586/rabbi-hershel-schachter/berachos-54-23b-24a-sitting-next-to-tefillin-amoraim-vs-tannaim-libo-roeh-es-haervah-hafrashas-terumah-mitzvah-or-mattir-ervas-tinok-and-akum/ Rav Hershel Schachter] (Nefesh HaRav page 36) takes this stance, as well. Rav Elchanan Wasserman also engaged the Chazon Ish in correspondence on this issue, after he wrote in Kuntress Divrei Sofrim (Siman 2, see Da'at Sofrim ad loc) that Chatimat HaMishnah and HaTalmud were enabled by the gathering of all the Chachmei HaDor (Kibutz Chachamim), which gave them the status of Beit Din HaGadol. The latter took an opposing view, as it discounted the inherent loftiness of the individual Chachamim and implied there was little different between them and later generations. (Kovetz Iggerot ibid). [https://www.youtube.com/watch?v=IlIjFgOCG1s Rav Asher Weiss] finds grounding for Reb Chaim in the Meiri, but he believes that given the Rambam says one cannot disagree without confidently understanding the difficult opinion at hand, there are just some generations that were so far from the previous one that a line must be drawn. See also Rav Asher Weiss's ([http://www.kolhalashon.com/New/Media/PlayShiur.aspx?FileName=0007-20171227-120625-כללי_הפסיקה_בדברי_הראשונים_והאחרונים-פרק_א.mp3&ShiurNum=22 I], [http://www.kolhalashon.com/New/Media/PlayShiur.aspx?FileName=0007-20180101-120625-כללי_הפסיקה_ב.mp3&ShiurNum=21 II], [http://www.kolhalashon.com/New/Media/PlayShiur.aspx?FileName=0007-20180104-120550-כללי_הפסיקה-חלק_ג.mp3&ShiurNum=20 III] and [http://www.yutorah.org/lectures/lecture.cfm/873470/rabbi-aryeh-lebowitz/intergenerational-debate-r-asher-weiss-on-disagreements-between-tannaim-amoraim-rishonim-acharonim/ Rav Aryeh Lebowitz's] shiurim on the topic.</ref>		# It's usually assumed that Amoraim cannot argue on Tannaim,<ref>Kessef Mishneh (Hilchot Mamrim 2:1), Klalei HaGemara on Halichot Olam (2:2:10), Chazon Ish (Kovetz Iggerot vol. 2 Iggeret 24, Orchot Ish page 186)</ref> but some say it's merely an honorary non Halachic distinction.<ref>Biur HaGra (Choshen Mishpat 25:6), See Tosafot (Ketubot 8a s.v. Rav Tanna Hu uPalig) and Kovetz Shiurim (Bava Batra 633) who says similarly in the name of Reb Chaim Soloveitchik. [http://www.yutorah.org/lectures/lecture.cfm/891586/rabbi-hershel-schachter/berachos-54-23b-24a-sitting-next-to-tefillin-amoraim-vs-tannaim-libo-roeh-es-haervah-hafrashas-terumah-mitzvah-or-mattir-ervas-tinok-and-akum/ Rav Hershel Schachter] (Nefesh HaRav page 36) takes this stance, as well. Rav Elchanan Wasserman also engaged the Chazon Ish in correspondence on this issue, after he wrote in Kuntress Divrei Sofrim (Siman 2, see Da'at Sofrim ad loc) that Chatimat HaMishnah and HaTalmud were enabled by the gathering of all the Chachmei HaDor (Kibutz Chachamim), which gave them the status of Beit Din HaGadol. The latter took an opposing view, as it discounted the inherent loftiness of the individual Chachamim and implied there was little different between them and later generations. (Kovetz Iggerot ibid). [https://www.youtube.com/watch?v=IlIjFgOCG1s Rav Asher Weiss] finds grounding for Reb Chaim in the Meiri, but he believes that given the Rambam says one cannot disagree without confidently understanding the difficult opinion at hand, there are just some generations that were so far from the previous one that a line must be drawn. See also Rav Asher Weiss's ([http://www.kolhalashon.com/New/Media/PlayShiur.aspx?FileName=0007-20171227-120625-כללי_הפסיקה_בדברי_הראשונים_והאחרונים-פרק_א.mp3&ShiurNum=22 I], [http://www.kolhalashon.com/New/Media/PlayShiur.aspx?FileName=0007-20180101-120625-כללי_הפסיקה_ב.mp3&ShiurNum=21 II], [http://www.kolhalashon.com/New/Media/PlayShiur.aspx?FileName=0007-20180104-120550-כללי_הפסיקה-חלק_ג.mp3&ShiurNum=20 III] and [http://www.yutorah.org/lectures/lecture.cfm/873470/rabbi-aryeh-lebowitz/intergenerational-debate-r-asher-weiss-on-disagreements-between-tannaim-amoraim-rishonim-acharonim/ Rav Aryeh Lebowitz's] shiurim on the topic.</ref> Some say that anybody, an Amora, or anybody else can argue about non-Halachic issues, such as history or the source for a Derasha, with Tannaim.<ref>Chochmat Shlomo (Maharshal) Sanhedrin 52b s.v. Gemara Ta'ah, Shoshanim LeDavid (Yoma 8:6 s.v. vekhol)</ref>

	==== Rav and Shmuel ====		==== Rav and Shmuel ====

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	[[Category:~~Klalim~~]]		[[Category:Rules for Determining Halacha]]

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	=== Tannaim ===		=== Tannaim ===
	==== Talmidei Rabbi Akiva (R' Meir, R' Yehudah, R' Shimon, and R' Yose) ====		==== Talmidei Rabbi Akiva (R' Meir, R' Yehudah, R' Shimon, and R' Yose) ====
	# Rabbi Meir vs. Rabbi Yehuda, the Halacha follows Rabbi Yehuda. <ref>Eruvin 45a</ref>		# Rabbi Meir vs. Rabbi Yehuda, the Halacha follows Rabbi Yehuda.<ref>Eruvin 45a</ref>
	# "רבי יוסי נמוקו עמו" - R' Yose's reasoning is with him,<ref>Gittin 67b</ref> meaning the Halacha follows him when he disagrees with other Tannaim. Many assume this is only when R' Yose is disagreeing with an individual Tanna, not a majority, while others think that's not so obvious.<ref>Halichot Olam (5:1:1). Yad Malachi (Klalei HaTalmud 430) thinks that all the Rishonim clearly state or assume that the rule is not true by a majority, but many Acharonim, such as the Chida disagreed with him.</ref> For these purposes, a Stam Mishnah would be considered a majority.<ref>Yad Malachi (Klalei HaTalmud 431)</ref>		# "רבי יוסי נמוקו עמו" - R' Yose's reasoning is with him,<ref>Gittin 67b</ref> meaning the Halacha follows him when he disagrees with other Tannaim. Many assume this is only when R' Yose is disagreeing with an individual Tanna, not a majority, while others think that's not so obvious.<ref>Halichot Olam (5:1:1). Yad Malachi (Klalei HaTalmud 430) thinks that all the Rishonim clearly state or assume that the rule is not true by a majority, but many Acharonim, such as the Chida disagreed with him.</ref> For these purposes, a Stam Mishnah would be considered a majority.<ref>Yad Malachi (Klalei HaTalmud 431)</ref>