When Is the Earliest and Latest Time to Pray? and Shulchan Aruch: Difference between pages

From Halachipedia
(Difference between pages)
 
(→‎Overview: right to left Beit Yosef hakdama)
Tags: Mobile edit Mobile web edit
 
Line 1: Line 1:
* Note: All times are [[Shaot Zmaniot]] (halachic hours). For exact times for your location, see [http://www.myzmanim.com/search.aspx myzmanim.com].
==Overview==
<blockquote dir="rtl">
'''בית יוסף - הקדמה'''


==Earliest Time for Some Parts of Shacharit==
ועלה בדעתי שאחר כל הדברים אפסוק הלכה ואכריע בין הסברות כי זהו התכלית להיות לנו תורה אחת ומשפט אחד. וראיתי שאם באנו לומר שנכריע דין בין הפוסקים בטענות וראיות תלמודיות הנה התוספות וחידושי הרמב"ן והרשב"א והר"ן ז"ל מלאים טענות וראיות לכל אחת מהדיעות. ומי זה אשר יערב לבו לגשת להוסיף טענות וראיות. ואיזהו אשר ימלאהו לבו להכניס ראשו בין ההרים הררי אל להכריע ביניהם על פי טענות וראיות לסתור מה שביררו הם או להכריע במה שלא הכריעו הם. כי בעונותינו הרבים קצר מצע שכלינו להבין דבריהם כל שכן להתחכם עליהם. ולא עוד אלא שאפילו היה אפשר לנו לדרוך דרך זה לא היה ראוי להחזיק בה לפי שהיא דרך ארוכה ביותר:
# One can only say [[Korbanot]] during the day, meaning after [[Olot HaShachar]] which is 72 minutes (in [[Shaot Zmaniot]]) before [[HaNetz]]. <Ref>S”A 1:6. </ref>
# In cases of need, such as a worker who needs to daven early, one can say [[Korbanot]] from 96 minutes (in [[Shaot Zmaniot]]) before [[HaNetz]]. <Ref> Halacha Brurah 1:16 (based on Sh”t Yacheve Daat 2:8) writes that in cases of need (for example a worker who needs to daven early) it is possible to say [[Korbanot]] 96 minutes before [[HaNetz]]. </ref>
# The earliest time to say [[Birchot HaShachar]] is from [[Chatzot]] (halachic midnight). <ref> Magen Avraham 47:13, Kaf HaChaim 46:49, Or Letzion (vol 2, 4:9) </ref>
# The earliest time to say Baruch SheAmar is [[Olot HaShachar]] which is 72 minutes (in [[Shaot Zmaniot]]) before [[HaNetz]]. <Ref> Halacha Brurah 1:16 </ref>
# The earliest time that one can put on [[Tallit]] is [[MeSheYakir]], which is one hour (in [[Shaot Zmaniot]]) before [[HaNetz]]. <Ref>Shulchan Aruch 18:3 rules that the time to make the bracha on [[Tallit]] is from [[MeSheYakir]]. There is a dispute among the achronim about when exactly [[MeSheYakir]] is. Because of [[Safek Brachot LeHakel]], Halacha Brurah 18:6 one may not make the bracha earlier than a fifth of an hour (in [[Shaot Zmaniot]]) after [[Olot HaShachar]]. </ref>
# Ashkenazim, in a case of need, can be lenient to say the bracha on [[Tallit]] from [[Olot HaShachar]] which is 72 minutes (in [[Shaot Zmaniot]]) before [[HaNetz]]. <Ref> Rama 18:3 says that bedieved if one wears a [[Tallit]] after [[Olot HaShachar]] one should make a bracha and concludes that such was the minhag. Aruch Hashulchan 18:9 agrees. Mishna Brura 18:10 says that ideally though one should wait until Misheyakir. </ref>
# If one puts on Tzitzit before alot HaShachar, he should not recite a berakha until the proper time, and should feel the Tzitzit after making the berakha once the proper time arrives.<ref> Rama 18:3 </ref>
# If one begins to daven before misheyakir with Tallit and Tefillin on, one should wait to make the berakhot until between Yishtabach and Kaddish.<ref> Rama OC 54:3, Piskei Teshuvot 30:1.
</ref>
# One should avoid saying Yotzer Or before misheyakir.<ref>Mishnah Berurah 58:17. Piskei Teshuvot (58:10) notes that some are lenient when it is unavoidable. However, Beiur Halakha (s.v. Zeman Kriat Shema) notes that this discussion may be irrelevant for men if they are going to only say Pesukei D’zimra before misheyakir and say the berakha on Tzitzit and Tefillin before Yotzer Or, and certainly it is preferable to not begin davening until one can make the berakha on Tzitzit and Tefillin.</ref>
#One who cannot avoid reciting Shema before misheyakir may do so after alot hashachar.<ref>Shulchan Arukh OC 58:3.</ref>However, one may do so from alot hashachar at the earliest.<ref>Shulchan Arukh 89:1, 8. Mishnah Berurah (89:4) notes that this may be lekhatchila for those who have no other choice, but for one who could say Shemoneh Esrei later he would only fulfill his obligation b’diavad by davening early.</ref> One may certainly say Shemone Esrei after misheyakir, even if it is before sunrise.<ref> Piskei Teshuvot 89:4</ref>
==Times for Shacharit==
===Earliest Time===
===Vatikin===
# The ideal mitzvah is to start praying [[Shmoneh Esrei]] of [[Shacharit]] at [[HaNetz HaChama]] (sunrise). <ref> Gemara [[Brachot]] 26a writes the ideal time to pray [[Shacharit]] is at [[HaNetz HaChama]] and that was the practice of the [[Vatikin]] (those who fulfill the מצות early and in the proper time). This is codified by the Rambam ([[Tefillah]] 3:1), Rosh ([[Brachot]] 4:1), Tur and Shulchan Aruch 89:1 </ref>
# If a person can either daven at Netz without a minyan or later with a minyan, according to Ashkenazim one may daven at Netz if one regularly davens at Netz.<ref>Biur Halacha 58 s.v. umitzvah</ref> According to Sephardim one should daven with a minyan later unless one will pray with kavana.<ref>Yalkut Yosef 89:19</ref>
===After Olot Hashachar===
===Netz===
# Ideally one should pray after Netz. If one did pray anytime after [[Olot HaShachar]] (dawn, about 72 minutes before sunrise) one has fulfilled one’s obligation.<ref> The Rosh ([[Brachot]] 4:1) writes that even though ideally one should pray at [[HaNetz]] (sunrise) if one prayed after [[Olot HaShachar]] one would have fulfilled one’s obligation. This is also the opinion of many Rishonim including Tosfot 30a (s.v. Avuha), Rambam ([[Tefillah]] 3:7, Sh”t Rambam 27), Rabbenu Yerucham (according to Bet Yosef 89:1) and the Tur 89:1. This is codified in Shulchan Aruch 89:1. </ref>
===Pre-Netz===
# If one needs to travel or in a cases of extreme difficulty one may pray [[Shacharit]] after [[Olot HaShachar]] before [[HaNetz]], but nonetheless one may not make the bracha on [[Tallit]] and [[Tefillin]] or say [[Kriyat Shema]] until [[MeSheYakir]]. <Ref>
* The Rosh (Brachot 4:1) writes that even though ideally one should pray at [[HaNetz]] (sunrise) if one prayed after [[Olot HaShachar]] one would have fulfilled one’s obligation. This is also the opinion of many rishonim including Tosfot 30a (D”H Avuha), Rambam ([[Tefillah]] 3:7, Sh”t Rambam 27), Rabbenu Yerucham (according to Bet Yosef 89:1) and the Tur 89:1. This is codified in Shulchan Aruch 89:1.
* There is a minority of Rishonim who hold that in extenuating circumstances one is permitted to pray [[Shacharit]] before [[Olot HaShachar]]. The basis of this approach is Rashi (Brachot 30a s.v. VeLayaved), Sh”t Raavan (176), and Raavad (quoted by the Sefer Hashlamah).
* Shulchan Aruch 89:8 rules that in cases of extenuating circumstances such as where one has to travel early one may pray [[Shacharit]] [[Shmoneh Esrei]] immediately after [[Olot HaShachar]] and then say Shema while traveling if one is able to have kavana (proper intent) while traveling. This is also mentioned in Mishna Brurah 89:1. </ref>
## Therefore, a person who needs to pray early in the morning in order to get to work should pray with a [[minyan]] that starts praying after Mesheyakir before Netz.<ref>Shulchan Aruch 58:3</ref>
## If that isn't possible then the minyan should use the following schedule: say up to Birchot [[Kriyat Shema]] without [[Tallit]] and [[Tefillin]] (except for Shaliach Tzibbur who should put on [[Tallit]] and [[Tefillin]] before Yishtabach), when [[MeSheYakir]] arrives put on [[Tallit]] and [[Tefillin]], then continue from there. <Ref>[http://www.ou.org/webcast_kosher Rabbi Yisrael Belsky] (OU Kosher Webcast, min 19:30-28:30). Sh"t Igrot Moshe 4:6 writes that a person who needs to make it to work is considered to be in an extenuating circumstance in which Shulchan Aruch 89:8 writes that one may pray [[Shacharit]] after Olot Hashachar See also Iggrot Moshe OC 1:10 and Yechave Daat 2:8.</ref>
## If the choice is to pray with an early [[minyan]] that davens before Netz after Msheyakir or to pray later by oneself, such as in one's office, one should rather pray earlier with a [[minyan]].<Ref>[http://www.ou.org/webcast_kosher Rabbi Yisrael Belsky] (OU Kosher Webcast, min 19:30-28:30), Igrot Moshe 4:6 s.v. im ken, Peri Yitzchak 1:2, Sh"t Yaskil Avdi 5:10, Sh"t Minchat Yitzchak 9:10. Chazon Ish (Ishei Yisrael 13:note 21) rule likewise. </ref> Some disagree and say that you should pray on your own rather than daven before netz. <ref> Sh”t Sheilot Shmuel OC 12, Rav Elyashiv (quoted in Avnei Yashfei [[Tefillah]] page 167), Yalkut Yosef ([[Tefilla]] pages 137-139, 89:14). </ref>
## However, if one feels that it is just too dark and one cannot understand what the people are relying on to put on [[Tefillin]] so early one should say up to  Baruch SheAmar before traveling and then pray at one’s office. <Ref>[http://www.ou.org/webcast_kosher Rabbi Yisrael Belsky] (OU Kosher Webcast, min 19:30-28:30)</ref>
# If a person who is not in a rush to pray before sunrise is needed for a [[minyan]] that is praying before sunrise there is a dispute whether he is allowed to join or not. <ref> Rav Yosef Shalom Elyashiv quoted in Tefilla Kehilchita page 78 and in Avnei Yashfe (Tefilla page 169 89:14) says that although he can answer for their [[minyan]] he cannot pray with them. This is true even if he is the sixth one who would be praying (a [[minyan]] requires ten but a minimum of six praying at the time) and his refusal to pray would prevent there being a [[minyan]]. Rav Shlomo Zalman Auerbach in Halichot Shlomo 1:5-13 though ruled that if the refusal to join will prevent the [[minyan]] he may pray with them as long as it is not on a consistent basis. </ref>
===Pre-Msheyakir===
# If a person has a choice to daven with a pre-Mesheyakir minyan or afterwards by oneself one should pray oneself he should daven by oneself.<ref>Avnei Yishfe p. 167 quotes Rav Elyashiv that it is better to daven oneself later rather than davening before Mesheyakir. He also cites Pri Yitzchak s.v. nachzor 1:2 who agrees.</ref> Some disagree.<ref>Avnei Yishfe p. 168 quotes Rav Ben Tzion Abba Shaul who says that if that's the only minyan available one should daven with a pre-mesheyakir minyan relying on the Pri Chadash rather than daven by oneself.</ref>
===After the Fact===
# If one prayed before [[Olot HaShachar]], one has not fulfilled one’s obligation. Nonetheless, one should pray again on condition that if one is exempt then one is praying voluntarily. <Ref>
* What is the earliest time for [[Shacharit]]? The Rosh 4:1 writes that even though ideally one should pray at [[HaNetz]] (sunrise) if one prayed after [[Olot HaShachar]] one would have fulfilled one’s obligation. This is also the opinion of many Rishonim including Tosfot 30a (D”H Avuha), Rambam ([[Tefillah]] 3:7, Sh”t Rambam 27), Rabbenu Yerucham (according to Bet Yosef 89:1) and the Tur 89:1. This is codified in Shulchan Aruch 89:1.
* There is a minority of rishonim who hold that in extenuating circumstances one is permitted to pray [[Shacharit]] before [[Olot HaShachar]]. The basis of this approach is Rashi ([[Brachot]] 30a s.v. VeLayaved), Sh”t Raavan (176), and Raavad (quoted by the Sefer Hashlamah).  
* [Interestingly, the Derisha argues that the Rabbenu Yerucham holds that there are three levels, ideally one should pray at [[HaNetz]], it is permissible to pray after [[MeSheYakir]] and it is only effective, after the fact, after [[Olot HaShachar]].]
* Mishna Brurah 89:2 writes that based on Shulchan Aruch, if one prayed before [[Olot HaShachar]] one has not fulfilled one’s obligation.  
* Yalkut Yosef ([[Tefillah]] pg 136, see also Sh”t Yechave Daat 2:8) writes that even if one prayed altogether before [[Olot HaShachar]] one should still pray again at the proper time with a stipulation that if one is not obligated that it should be a voluntary [[prayer]]. So writes Sh”t Otzrot Yosef 5:3. </ref>


===Latest Time===
ולכן הסכמתי בדעתי כי להיות שלשת עמודי ההוראה אשר הבית בית ישראל נשען עליהם בהוראותיהם הלא המה הרי"ף והרמב"ם והרא"ש ז"ל אמרתי אל לבי שבמקום ששנים מהם מסכימים לדעת אחת נפסוק הלכה כמותם אם לא במקצת מקומות שכל חכמי ישראל או רובם חולקין על הדעת ההוא ולכן פשט המנהג בהיפך:</blockquote>
# The latest time to say [[Shmoneh Esrei]] of [[Shacharit]] is the end of the fourth hour (in [[Shaot Zmaniot]]). <Ref>The Mishna (Brachot 26a) writes that the latest time [[Shacharit]] could be said according to Rabbi Yehuda is the fourth hour and according to the Rabbis is the sixth hour. The Gemara (27a) writes that we hold like Rabbi Yehuda because there is a Mishna in Ediyot that supports Rabbi Yehuda. This is codified by the Rif 18a, Rosh 4:1, and Rambam ([[Tefillah]] 3:1). The halacha is brought in Tur and Shulchan Aruch 89:1 </ref>
In his acclaimed introduction to the Beit Yosef, Rav Yosef Karo sets down his monumental rules of Pesak, to follow the three Amudei Horaah, the [[Rif]], [[Rambam]], and [[Rosh]], upon whom the entire Jewish nation relies. We are simply incapable of decide for ourselves who is correct from among the dominating figures of the Rishonim. There exist a number of approaches to understanding the Beit Yosef's approach to Halacha and the extent to which it has been accepted among the Jewish people. Such discussions also appear regarding the acceptance of the Arizal's rulings. These are some basic approaches to elaborated on further below.<ref>This overview section is based heavily on the [http://www.otzar.org/wotzar/book.aspx?198570&pageid=19857000527 Darkei Horaah section of Orot HaTahorah], by Rav Zecharia ben Shlomo. It also appears in the back of his other Sefarim, Hilchot Tzava and Orot HaHalacha.</ref>
# If one has not prayed until the end of the fourth hour, one should pray [[Shacharit]] before the end of the sixth hour (midday, in [[Shaot Zmaniot]]). If one intentionally did not pray in the first four hours one should still pray before midday but one should stipulate that if one is exempt that one is praying a voluntary [[prayer]]. <Ref>
===Sepharadim===
* The Rif 18a originates that even though we hold like Rabbi Yehuda that the latest time for [[Shacharit]] is the fourth hour one could still pray after the fourth hour and receive the reward for praying (albeit having lost the reward for praying in the proper time). The Rosh 4:1, Rambam (Hilchot [[Tefillah]] 3:1), and Tur 89:1 hold like the Rif.
* The Bet Yosef 89:1 writes that it seems as though the Rosh and Rif base their halacha on the general language of the Gemara (Brachot 26a) “one could pray all day and receive reward for [[prayer]] but would loose the reward for [[prayer]] in its proper time.” Because this phrase was the Gemara’s way of explaining the halacha of [[Tashlumin]], the Bet Yosef, rules that according to the Rif and Rosh one would not be able to pray after the fourth hour if a person intentionally did not pray in the first four hours.  
* However, the Rambam and Tur 89:1 hold that if a person intentionally prayed after the fourth hour he still receives reward for [[prayer]]. The Bet Yosef 89:1 explains that the Rambam tried to minimize the dispute between רבנן and Rabbi Yehuda so that there would not be an argument as to whether one totally fulfills the mitzvah or does not fulfill it at all in the period between the fourth and sixth hour. Rather they both agree that it is still time for [[Shacharit]] but according to Rabbi Yehuda one who prays at that time only receives reward for [[prayer]] but not that of [[prayer]] in its proper time while רבנן hold that one would also receive the reward of it being in its proper time. According to this explanation, one should be able to pray in this period even if one intentionally did not pray beforehand.
* Additionally, if one holds like the Rif then one would be able to daven at any time even between six and sixth and a half, while according to the Rambam one should only be able to pray as long as there is some opinion which considers it the time for [[Shacharit]]. The Bet Yosef adds that the Rashba agrees with the Rambam. (It seems that the Bet Yosef understands the Rashba to say that you certainly may not pray during the half hour after [[Chatzot]]. The Bach argues that the Rashba meant something else entirely, namely that one should pray the [[Tashlumin]] right after having prayed the obligatory [[Tefilla]].)
* The Mishna Brurah 89:6 writes that because of the dispute one should still pray after the fourth hour even if one intentionally missed praying earlier but nonetheless should stipulate that if one is exempt, one should be considered praying voluntarily. </ref>
# One may not pray past the end of the sixth hour (but rather one should wait to say [[Tashlumin]] at [[Mincha]]). <Ref>Rama 89:1 (based on the explanation of the Bet Yosef of the Rambam and Tur, see the [[#cite_note-11|previous footnote]])</ref>


==Times for Mincha==
#'''Chacham Ovadia Yosef''': The rulings of Shulchan Aruch have been accepted in any case, lenient or strict, even Lechatchilah. In a case of "Stam vaYesh," the Halacha follows the Stam unequivocally.<ref>See Yabia Omer (vol. 1 Yoreh De'ah 25), the end of Yechaveh Da'at (vol. 5), and the introduction to Taharat haBayit.</ref>
===Earliest Time===
#'''Chacham Ben Tzion Abba Shaul''': The Shulchan Aruch's rulings are not absolute "BeTorat Vaday. Although he decides debates between the Rishonim, if one side was not completely rejected, the Shulchan Aruch will present the more correct one as "Stam" and the less correct but still significant view as a "Yesh Omrim" to recommend one be stringent if easily possible. If the "Yesh" is more lenient, then it's worthy of being included as an additional reason to be lenient in situations of need. This understanding resolves numerous contradictions in Shulchan Aruch and stringencies in Ben Ish Chai. Similarly, in a "Yesh veYesh" - two Yesh Omrims - the Halacha follows the latter, but the former was written for the above reasons. Essentially, the rulings of the Shulchan Aruch were accepted "BeTorat Safek;" therefore, one can better understand how Acharonim can rule stringently against the Shulchan Aruch in cases of Torah level prohibitions, such as by employing the principle of Safek Berachot leHakel Neged Maran.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=19979&st=&pgnum=24 Ohr LeTzion vol. 2 "Yesodot Darkei Horaah."] This is also the primary approach of Rav Zecharia ben Shlomo</ref>
# The ideal time to pray [[Mincha]] is from nine and a half hours ([[Mincha]] Ketana), however, after the fact one fulfills one’s obligation by praying from six and a half hours ([[Mincha]] Gedola). <Ref>
#'''Chacham Mordechai Eliyahu''': The '''Ben Ish Chai''' unified Nigleh and Nistar, the rulings of Maran Rav Yosef Karo with those of the Zohar and Mekubalim, with the Arizal at their head, and he was accepted as the Posek Acharon.<ref>Hakdama to Kitzur Shulchan Aruch with comments of Rav Mordechai Eliyahu. For a crisp and concise articulation of this approach, see [https://www.youtube.com/watch?v=-r76FxGzCuM Which Hacham/Rabbi Should Sephardim Follow? by Rabbi Ya'aqob Menashe].</ref> One's role is to satisfy all opinions, not find lenient views to rely upon. Those are reserved for only dire circumstances.<ref>[https://www.yeshiva.org.il/midrash/14089 רב לכלל ישראל] by HaRav Eliezer Melamed</ref>
* The Tur 233:1 writes that the primary time to pray [[Mincha]] is after six and a half hours while the Rambam (Tefillah 3:2-3) writes that it is preferable to pray from nine and a half hours and after the fact one fulfills one’s obligation if one prayed before then from after six and a half hours. The Rambam's reasoning is that the [[Tefillah]] of [[Mincha]] is comparable to the korban which was brought at the end of the day. This dispute is explained in the Bet Yosef 233:1.
* Shulchan Aruch 233:1 rules like the Rambam. The Mishna Brurah 233:1 also holds like the Rambam but adds that there are some rishonim who allow one to pray earlier and in certain cases (see further) one may pray earlier. Kaf HaChaim 233:1, Yalkut Yosef (Brachot page 637) and Halichot Olam (vol 1 pg 253) concur with Mishna Brurah.
* See the BeYitchak Yikra 233:1 (notes of Rav Nevinsal on Mishna Brurah) who adds that the Rambam holds that the only preferable time is after [[Mincha]] Ketana before Plag [[Mincha]] (10 ¾ hours) and it would be preferable to say [[Mincha]] individually at [[Mincha]] Gedola rather than with a [[minyan]] at [[Mincha]] Ketana after Plag [[Mincha]]. Nonetheless, he agrees that the minhag is not like this. </ref>
# If one needs to travel or have a meal (which one should not do before praying [[Mincha]] once the time for [[Mincha]] arrives), then one can pray from after six and a half hours. <ref> Mishna Brurah 233:1 writes that if one needs to travel, have a meal, or one will only be able to make a [[minyan]] for [[Mincha]] earlier, then one can pray from after six and a half hours. Kaf HaChaim 233:1 also writes that there are those who are lenient to pray early if there is a need. Yalkut Yosef ([[Brachot]] page 637) and Halichot Olam (vol 1 pg 253) writes that it is preferable to pray after six and a half hours in order to avoid having a meal before praying [[Mincha]] (after the time for [[Mincha]] has arrived). </ref>
# If one will only be able to make a [[minyan]] for [[Mincha]] after six and a half hours and one will not make a [[minyan]] after nine and a half hours, it is preferable to pray with a [[minyan]] after six and a half hours. <Ref>Mishna Brurah 233:1, Yalkut Yosef ([[Brachot]] pg 639) </ref>
# If one prayed prior to six and a half hours, according to many one has not fulfilled one’s obligation, however, some say that one has fulfilled one's obligation after the fact. <ref> Mishna Brurah 233:2 writes that this is implied from Shulchan Aruch 233:1 (and is agreed upon by many achronim), however there are some achronim who say that after the fact one has fulfilled one’s obligation. Kaf HaChaim 233:2 quotes the dispute of the achronim but concludes that because [[Tefillah]] is derabbanan one does not have to pray again. </ref>
===Latest Time for Mincha===
====Ideal Time for Mincha====
# According to Ashkenazim it is better to daven mincha after Mincha Gedola (6.5 hours into the day). According to Sephardim, it is preferable to pray mincha after Plag Mincha (10.45 hours into the day).<ref> Rambam (Tefillah 3:2) writes that since they instituted Tefillah corresponding to korbanot the primary time for mincha is mincha ketana, 9.5 hours in the day. Shulchan Aruch OC 233:1 follows the Rambam. Kaf Hachaim 233:3 adds that really the best time is after mincha ketana at plag mincha, 10.45 hours into the day. Rav Nevinsal (BeYitzchak Yikra on Mishna Brurah 233:1) argues that according to the Rambam one should pray after 9.5 hours before 10.45 hours and only pray after 10.45 hours in extenuating circumstances. He even writes that it is preferable to pray before ten and three quarter hours rather than pray with a [[minyan]], however, the minhag is not like this.</ref>
# One should pray Mincha before sunset.<ref> Mishna Brura 233:14 </ref>


====After Sunset====  
===Ashkenazim===
# Even though ideally one should pray mincha before sunset, if the only options are to either pray mincha before sunset himself or with a minyan after sunset, Ashkenazim hold that one should pray oneself on time, while Sephardim hold that one can wait to pray with the minyan as long as it is within 13.5 minutes after sunset.<ref> Mishna Brurah 233:14 writes that it is better to pray Mincha before shkiyah without a minyan than to pray with a minyan after shkiyah. Igrot Moshe 1:24 writes that one shouldn't pray mincha after sunset. However, Chacham Ben Zion Abba Shaul (cited in Ishei Yisroel page 296) and Chacham Ovadia Yosef (Yechave Daat 5:22) say that it is preferable to pray with a minyan even if the minyan as long as they are praying within the first thirteen and a half minutes after sunset.</ref>


===Tachanun===
#The Ashkenazi custom is to follow the rulings of Rav Moshe Isserles, known as the Rama. In places where the Rama did not write glosses on Shulchan Aruch, Ashkenazim revert to following the positions of the Shulchan Aruch. The Rama<ref>Hakdama to Darkei Moshe, Shu"t HaRama Siman 48 where he writes incredible accolades, such as "Nesi Elokim Atah beTocheinu"</ref> and Maharshal<ref>Hakdama to Chullin</ref> admit to the magnificent work that is the Beit Yosef; they argue that the way opinions of the Baalei HaTosafot, Mordechai, etc. are weighted leaves their Minhagim in question.
# If one reaches tachanun after sunset, there is debate amongst the poskim if it should be recited.<ref> The Mishneh Brura (131:17) holds one should say it.  Rav Avigdor Neventzal in B’Yitzhak Yikareh on Mishna Brura (footnote to 131) quotes Rav Shlomo Zalman Auerbach who thinks one should not. </ref>  
# If [[mincha]] lasts until after nightfall, [[tachanun]] is not recited. <ref> Kitzur Shulchan Aruch 69:8, Mishna Brurah 131:17 </ref>


===If One Hears Kedusha of a Late Mincha Minyan===
===Teimanim===
# If one prayed [[maariv]] before nightfall and then hears another [[minyan]] pray [[mincha]] many authorities hold that one should answer [[kedusha]] even if this happened on Friday night. <ref>Magen Giborim 237:1, Amudei Esh 3:19, Yaskil Avdi 5:30, and Tiferet Adam 8 hold that even after saying [[maariv]] one may answer [[kedusha]] of a [[minyan]] saying [[mincha]] unlike the opinion of the Erech Shai 236, Yagel Yacov, and Aruch HaShulchan 232. Yismach Lev 16 writes that even on Friday night if one said [[maariv]] one may still answer [[kedusha]]. Sh"t Tzitz Eliezer 10:16 and Sh"t Yabia Omer 6:21 agree with the Yishmach lev.</ref>


==Times for Arvit==
# "'''Baladi'''," lead by '''Peulat Tzaddik (Maharitz)''': Minhag is to follow Shulchan Aruch in general in addition to the stringent opinions of the [[Rambam]].<ref>Peulat Tzaddik vol. 2 Siman 251. See Klalei Maharitz by Rav Yitzchak Ratzabi printed at the end of Shulchan Aruch HaMekutzar and [http://www.maharitz.co.il maharitz.co.il]. Similarly, Rav Ovadia (Yechaveh Daat vol. 1 Siman 27) argues Teimanim who move to Eretz Yisrael should accept the positions of the Shulchan Aruch, such as by reciting a Beracha on lighting Yom Tov candles.</ref>
===Earliest Time for Maariv (Plag)===
# "'''Shammi'''," lead by '''Shtilei Zeitim<ref>Hakdama to Shtilei Zeitim</ref> and Revid HaZahav<ref>Revid HaZahav Siman 26, page 37</ref>''': Teimanim follow Shulchan Aruch completely, with a sprinkling of Minhagim like the Rama, but not the [[Rambam]].<ref>See Iggerot Moshe Yoreh Deah vol. 3 Siman 117</ref>
# If one prayed [[Arvit]] prior to ten and three quarter hours one has not fulfilled one’s obligation. <ref>Mishna Brurah 233:10, Kaf HaChaim 233:11 as is implied by Shulchan Aruch 233:1 </ref>
#"'''Dor Da’i'''," lead by '''Rav Yosef Kapach''':<ref>(great-grandfather of the contemporary one)</ref> The custom in Teiman was to follow the [[Rambam]] almost exclusively.<ref>Hakdama to Biur on Mishneh Torah, pages 21-22, our generation's Rav Kapach told HaRav Zecharia Ben Shlomo on more than one occasion that there are cases where they do not follow the [[Rambam]]</ref>
# If one made a mistake and prayed [[Arvit]] thinking that it was nighttime but really it was earlier one must pray again at the proper time. <Ref> Gemara Brachot 27b writes that on Friday afternoon someone who made a mistake and said [[Arvit]] early thinking it was nighttime according to Abaye he would have to pray again. The Rabbenu Yonah 18b s.v. Rav explains that since one made a mistake and did not intend to pray [[Arvit]] early one does not fulfill one’s obligation. The Magen Avraham 263:26 and Mishna Brurah 263:55 agree that this halacha applies equally to a weeknight as to Friday night. </ref>
===Maariv Before Sunset If One Davened Mincha Early===
# <div id="Timeforarvit"></div> According to Rabbi Yehuda, the latest time for mincha is ten and three quarter hours and from then on begins the time for maariv. According to Rabbanan, the cutoff point is sunset.<Ref> The Mishna ([[Brachot]] 26a) writes that according to Rabbi Yehuda one must pray [[Mincha]] prior to ten and three quarter hours while according to Rabbanan [[Mincha]] may be said until nighttime. Tosfot Brachot 27a s.v. Ta Shma writes that according to Rabbi Yehuda the earliest time to say [[Mariv]] is ten and three quarter hours while according to Rabbanan the earliest time is nighttime. [This is also evident in the Gemara there (27a-b) and the upcoming Rishonim. The Maharsha (27a s.v. Tah Shma) asks why Tosfot needed to prove something which was so obvious from the Gemara.] </ref> The halacha allows one to follow either opinion, however, one must be consistent and always follow Rabbi Yehuda or always follow Rabbanan. <Ref>The Gemara (27a) writes that since there is no explicit ruling as to whom the halacha follows, one who follows Rabbi Yehuda has done properly and one who follows Rabbanan is correct too. The Rabbenu Yonah ([[Brachot]] 18b s.v. DeAved) writes that whichever opinion one follows one must be consistent and always follow the same opinion. This is also opinion of the Rosh ([[Brachot]] 4:3) quoting a Gaon. Additionally, the Kesef Mishna ([[Tefillah]] 3:4) says that this is implicit in the Rambam and furthermore that it is the simple explanation of the words of the Gemara. Tur and Shulchan Aruch 233:1 codify the opinion of Rabbenu Yonah. </ref>
# Therefore, the regular minhag of the world is to pray mincha until sunset. Accordingly, one may only begin to pray maariv after sunset. In extenuating circumstances, one can pray maariv before sunset if that day he prayed mincha before plag hamincha. The reason that works is because even though usually he follows the Rabbanan today he followed Rabbi Yehuda. <Ref>The Rabbenu Yonah (18b s.v. DeAved) writes that one should always follow Rabbanan (which was the minhag of his time and place) but nonetheless, after the fact if one prayed [[Arvit]] after Plag [[Mincha]] one has fulfilled one’s obligation. This is quoted in Bet Yosef 233:1 and codified in Shulchan Aruch 233:1. The Shulchan Aruch 233:1 rules that in extenuating circumstances one may pray [[Arvit]] before nighttime even though one always follows Rabbanan. Mishna Brurah 233:11 writes that this is only permissible if that day itself one already prayed [[Mincha]] prior to ten and three quarter hours.</ref>
# If the only minyan for maariv available is davening before sunset after plag hamincha one should daven with them and repeat Shema after Tzet Hakochavim. Some would say to skip birchot kriyat shema and repeat them after tzet hakochavim with shema.<ref>Rabbenu Yonah Brachot 1b writes that if the congregation is davening before the time for Shema one should daven with them even though one won't fulfill one's obligation of Shema and will have to repeat it later. He then quotes Rav Hai Goan who says that one should only say Shema with them without kavana to fulfill one's obligation but skip Brachot Kriyat Shema. The Shulchan Aruch OC 235:1 rules like the Rabbenu Yonah but the Mishna Brurah 235:12 mentions the practice of the Rav Hai Goan. The Biur Halacha 235:1 cites the Gra who held that it is better to daven privately on time rather than daven with the congregation early. Rav Moshe Feinstein in Igrot Moshe OC 2:60 agrees that one can follow either opinion whether to daven everything or just Shema without kavana and Shemona Esrei and then say Shema with Kriyat Shema with Brachot afterwards.  He writes that one shouldn't follow the Gra unless one always does according to his opinion.</ref>
# Even Sephardim allow praying Arvit early after Plag Hamincha of the Gra.<ref>[https://www.torahanytime.com/#/lectures?v=60107 Rav Yitzchak Yosef (Motzei Shabbat Emor 5778 min 28)] said that a since the minhag is that we follow the Gra for zmanim, the minhag is to pray mincha before Plag of the Gra and arvit after Plag of the Gra, even though according to Rabbenu Tam it is a bracha levatala since it is day. (See also [https://www.torahanytime.com/#/lectures?v=55391 Rav Yitzchak Yosef (Motzei Shabbat Bo 5778 min 25)] who said that it is a bracha levatala to daven Arvit after Plag of the Gra according to Rabbenu Tam and we are strict for Rabbenu Tam.) </ref>
===Early Maariv on Friday Night===
# Regarding praying [[Arvit]] early on Friday night see [[Making early Shabbat]].
===Maariv Before Sunset If One Davened Mincha after Plag===
# An individual may not pray before mincha after plag mincha and maariv before sunset in one day under any circumstance.<ref> Shulchan Aruch 233:1, Mishna Brurah 233:11</ref>
# A [[minyan]] may be lenient to pray both [[Mincha]] and [[Arvit]] between plag hamincha and sunset, even though it is a self-contradictory practice following both Rabbanan and Rabbi Yehuda.<Ref>Mishna Brurah 233:11 writes that in a minyan where there is an excessive effort to get everyone back to shul for [[maariv]] (and people cannot wait in shul), it is permissible for a [[minyan]] to say [[maariv]] right after [[Mincha]] (between Plag [[Mincha]] and nighttime). Shulchan Aruch 233:1 says the minhag is like Rabbanan and Rama 233:1 says the minhag is like Rabbi Yehuda. Nowadays, Piskei Teshuvot 233:4 writes that the Ashkenazic minhag is also like Rabbanan. </ref> If the only minyan available is such a minyan an individual shouldn't join such a minyan for both mincha and maariv, but only for one of them. If they need you to complete the minyan you can join them.
===Maariv After Sunset Before Tzet===
# If one is davening in a minyan immediately after sunset one should pray with them completely. One should repeat Shema after Tzet. Some have the practice to just pray with them Shema and Shemona Esrei and skip birchot kriyat shema and repeat brichot kriyat shema and shema after tzet hakochavim.<Ref>
* The Rif (Brachot 1b) rules that the time to say [[Kriyat Shema]] at night is from [[Tzet HaKochavim]] like the simple Mishna and Gemara Brachot 2a. The Rambam (Kriyat Shema 1:9) concurs.
* Rashi (Brachot 2a s.v. Ad Sof) also holds that one does not fulfill Shema until [[Tzet HaKochavim]] but defends the practice to say Shema in Shul with the [[Brachot]] explaining that the Shema in Shul is only to precede [[Shmoneh Esrei]] with words of Torah, whereas the primary time one fulfills one's obligation of saying Shema is before going to sleep.
* Rabbenu Tam (quoted by Tosfot [[Brachot]] 2a s.v. Meeymatai) argues that really we hold like Rabbenu Yehuda in the Mishna (Brachot 26a) who says that one may say [[Arvit]] from Plag [[Mincha]], so too we hold that one may say Shema from Plag [[Mincha]]. The Ri (also quoted in the above Tosfot) agrees that the primary Shema is the one said in Shul, however, he explains that it is because we hold like the other opinions quoted in the Gemara 2a-b who say that the time for Shema is earlier than [[Tzet HaKochavim]].
* The Rosh (Brachot 1:1) rejects the Rabbenu Tam’s comparison between the time for [[Arvit]] and Shema and rather says that with difficulty one could defend the minhag like the Ri but nonetheless preferably one should say Shema only after [[Tzet HaKochavim]].
* The Rosh (Brachot 1:1) quotes the Rav Hai Goan who says that if one is in a situation where one could either pray with a [[minyan]] before [[Tzet HaKochavim]] or pray by oneself later one should pray with the [[minyan]] early but not say Shema with the [[Brachot]] until later. Rav Hai Goan also suggests that one could pray with the congregation as a voluntary [[prayer]] and then pray again oneself with Shema and [[Shmoneh Esrei]]. This is also quoted by the Rabbenu Yonah (Brachot 1b s.v. VeRabbenu Hai), Rashba (Brachot 2a s.v. VeNishal), and Tur 235:1.
* Rabbenu Yonah gives an alternative for someone in that situation; say [[Brachot]] of Shema, Shema with intent not to fulfill one’s obligation but rather just as words of Torah, and then [[Shmoneh Esrei]] with the [[minyan]] and after [[Tzet HaKochavim]] one should repeat Shema with the intent of fulfilling one's obligation.
* The Bet Yosef 235:1 concludes that one should make sure to repeat Shema after [[Tzet HaKochavim]] but one may follow the above suggestions (of Rav Hai and Rabbenu Yonah). Mishna Brurah 235:12 and Igrot Moshe 2:60 write that one can follow either Rav Hai or Rabbenu Yonah. The Shulchan Aruch 235:1 writes like the Rabbenu Yonah that if one is praying with a congregation earlier than [[Tzet HaKochavim]] one should say Shema with the [[Brachot]] and [[Shmoneh Esrei]] and then repeat Shema at [[Tzet HaKochavim]].
* The Mishna Brurah 235:9 writes like the Rabbenu Yonah that when saying Shema early one should not have intent to be fulfilling one’s obligation until [[Tzet HaKochavim]]. The Mishna Brurah 235:11 writes that it is a dispute whether one must repeat the third paragraph of Shema. Igrot Moshe 2:60 writes that one should repeat all three paragraphs.
* Igrot Moshe OC 2:60 explains that the reason that the Rabbenu Yonah and Mishna Brurah wrote not to have intent to fulfill one's obligation of kriyat Shema is because of a concern of [[Baal Tosif]]. If a person were to say Shema at the wrong time with intent that one should fulfill one's obligation it is like one is adding on to the time of the mitzvah similar to sleeping in the sukkah on the eighth day of sukkah with intent to add to sukkot (Rosh Hashana 28b). However, the Shulchan Aruch doesn't quote that it is necessary to have such an intent since the minhag is not to have intent to fulfill the mitzvah of Shema then (like Rashi Eruvin 96a s.v. v'od). </ref>
# If the only option is to daven at a minyan that is praying Arvit after immediately after Shekiya before Tzet Hakochavim and there's no later minyan one should pray with the minyan rather than daven later without a minyan.<ref>Shulchan Aruch 235:1, Mishna Brurah 235:12. Rav Moshe Feinstein in Igrot Moshe OC 2:60 writes that in such a case one should certainly daven with a minyan and either the opinion of Rabbenu Yonah to daven Brachot Kriyat Shema with the congregation or Rav Hai Goan to skip them are acceptable.</ref>


===Ideal Time for Arvit (Tzet)===
==Acceptance of Shulchan Aruch==
# One should make sure to say [[Kriyat Shema]] after [[Tzet HaKochavim]].<ref>Mishna Brachot 2a, Shulchan Aruch OC 235:1, Kitzur Shulchan Aruch 70:1</ref> Since Kriyat Shema is Biblical one should be strict for Rabbenu Tam to repeat Shema after Tzet Hakochavim of Rabbenu Tam.<ref>Igrot Moshe YD 4:48:4</ref>
# Ideally, one should pray [[Arvit]] after [[Tzet HaKochavim]] and not immediately after sunset.<ref>Kitzur Shulchan Aruch 70:2</ref> However, the minhag of many places is to daven Arvit immediately after sunset.<ref>Mishna Brurah 235:12 writes that fortunate is the person who can daven with a congregation after Tzet Hakochavim which is the correct time.</ref>


===Latest Time===
#The [[Chida]] teaches that the holiness of the Tur and Rav Yosef Karo's Neshamot merited that they should be the first steps of every Posek's decision making.<ref>Shem HaGedolim (Sefarim, Tet 17)</ref>
# After the fact, one may pray [[Arvit]] all night until [[Olot HaShachar]].<ref>Kitzur Shulchan Aruch 70:2</ref>
 
===Sepharadim===
 
#In general, if a community with Minhagim is removed from its location for whatever reason and another community (not just individuals) eventually takes its location, the second community maintains its own traditions and is not bound by the traditions of the original one.<ref>See Beur Halacha 468 s.v. Vechumrei HaMakom</ref> However, in Eretz Yisrael, where the Minhag has been like the Shulchan Aruch, the lack of current Sepharadic community following the Shulchan Aruch does not mean that the new Sepharadic communities to settle there are independent of its rulings, because '''the Sepharadic acceptance of Shulchan Aruch is not a function of Minhag HaMakom or Mara deAtra, which could be lost, but rather, acceptance on the community and all its descendants.''' Therefore, the communities moving to Eretz Yisrael are themselves communities that already live under the banner of Shulchan Aruch, as they have for centuries, and continue to do so. Of course, if they ''never'' accepted the Shulchan Aruch, that's a different story. With respect to the [[Rambam]], however, the acceptance ''was'' a function of Mara deAtra, so the acceptance is not binding on new communities. With the great Kibbutz Galuyot of the past century, it's worthwhile for all those gathering in Eretz Yisrael to accept Minhag Yerushalayim as a unifying force and avoid controversy in the commonly non-uniform communities that now exist.<ref>Rav Chaim David HaLevi (Shu"t Aseh Lecha Rav vol. 7 Siman 4) defending Rav Ovadia (Shu"t Yechave Da'at 1:12) against a question by Rav Avraham Sherman ([http://www.daat.ac.il/daat/kitveyet/niv/yesodot1-2.htm Niv HaMidrashia vol. 18-19 Iyyar 5745]). He continues to point out that the Chazon Ish's illustration (Zeraim, Sheviit 23:5) of the Minhag evolving from the following [[Rambam]], to the Shulchan Aruch, and then to Acharonim is only relevant to Ashkenazim, who dird not accept the Shulchan Aruch's rulings on themselves and their descendants, unlike the Sepharadim.</ref>
#The first printing of Beit Yosef was such a success that Maran was unable to send Bedek HaBayit, his additions and revisions, to the printers in time for them to be included in the second printing, so it had to be printed as a separate sefer and then incorporated in later editions of Beit Yosef.<ref>Hakdama to Bedek HaBayit</ref>
#The [[Chida]] writes how Maran had the Neshama of R' Yehudah Bar Ilay, who was "Rosh HaMedabrim beChol Makom"<ref>Shabbat 33b</ref>. His ruling were accepted throughout Eretz Yisrael, Turkey, Syria, Iran, etc, but not with respect to monetary matters. According to him, one who follows the stringencies of the Rama in Eretz Yisrael need not be rebuked, but one who follows the leniencies should be. The Panim Meirot says that an Ashkenazi who keeps the leniencies of the Shulchan Aruch needs Teshuvah, and the Chida says a Yerei Hashem should keep the stringencies of both.<ref>Shem HaGedolim (Sefarim, Tet 11)</ref>
#The Acharonim debate whether one can employ a [[Safek Sefekah]] leHalacha when both other sides are against Maran. Rav Ovadia is lenient,<ref>Yabia Omer vol. 9 Yoreh Deah 6:4, because we accepted Maran BeTorat Safek, not Vaday</ref> but Rav Ben Tzion Abba Shaul is not.<ref>Shu"t Ohr LeTzion volume 2 page 12</ref>
 
==Chronology of Writings==
 
#The [[Chida]] writes how important it is to learn the historical/bibliographic details of Sefarim, because it alleviates many uncertainties and prevents one from entertaining mistaken understandings, as is evidenced by the many times he uses such details to resolve issues throughout Shem HaGedolim.<ref>Shem HaGedolim (Sefarim, Tet 11)</ref>
#Authorities are uncertain which work was written first, Kessef Mishneh or Beit Yosef. The number of cross citations from one book to another are too numerous in each direction to be convincing of one side or the other and, in fact, lead the Shulchan Gavoah<ref>Shulchan Gavoah (Klalim Siman 13)</ref> to determine that Rav Yosef Karo worked on both works simultaneously The Yad Malachi, however, argues that the Kessef Mishneh must have been completed after the Beit Yosef, because, in Kessef Mishneh, it says that the Shemitta is in year 5327, and in the end of Beit Yosef, it says the Sefer was completed in the year 5314. It's certainly possible, though, that he worked on both simultaneously and therefore referenced the Kessef Mishneh manuscript in Beit Yosef.<ref>Yad Malachi (Klalei HaKessef Mishneh 1-2)</ref> The [[Chida]] disproves this claim, because the first printing of Beit Yosef was in 5310, and Kessef Mishneh was complete but not printed until the end of Rav Yosef Karo's life. As long as he was alive, he continued to work on the Sefer, and he passed away in middle of the printing endeavor.<ref>Shem HaGedolim (Sefarim, Maarechet Bet Ot 59, Maarechet Kaf Ot 50), Matnat Yado fn. 17. See Sdei Chemed (Klalei HaPoskim 13:28)</ref>
#Many postulate that Shulchan Aruch was written after Bedek HaBayit, as the later positions taken in Bedek HaBayit appear in Shulchan Aruch, as well.<ref>Kenesset HaGedolah and Ginat Veradim cited in Yad Malachi (Klalei Shulchan Aruch 15)</ref> Maamar Mordechai<ref>Maamar Mordechai 27:1</ref> extrapolates that when Shulchan Aruch doesn't align with Bedek HaBayit, it means he retracted [again].<ref>See Shem HaGedolim vol. 2 Bedek HaBayit, Sdei Chemed Klalei HaPoskim 13:30, Shu"t Yabia Omer (vol 4 Orach Chaim 8:23, vol. 6 Chosen Mishpat 6:5, and vol. 9 Yoreh Deah 8:2</ref>
#Rav Yosef Karo wrote a commentary called Klalei HaGemara on the Sefer Halichot Olam, which discusses Klalei HaTalmud. The Beit David claims Maran wrote the Klalei HaGemara later in life after completing his other works, but the Yad Malachi<ref>Yad Malachi (Klalei Beit Yosef 42)</ref> thinks the reverse is more likely. The [[Chida]]<ref>Ein Zocher Lamed 14</ref> sides with the Beit David and adds that when Maran wrote his other Sefarim, he kept a list of Klalim that he extrapolated along the way and that eventually became Klalei HaGemara. <ref>Shem HaGedolim (Sefarim, Chaf 24). Matnat Yado fn. 110. In fn. 111 he quotes the Ein Zocher (ibid) who writes how the Kenesset HaGedolah did the same.</ref>
 
==Beit Yosef==
===Purpose===
In his acclaimed introduction to Beit Yosef, Maran HaRav Yosef Karo elaborates his reasoning for writing his Sefer. Here are some of the highlights:
====Context====
 
#In a post Expulsion world, there is much blending of Halachic paths taking place, and there needs to be a unified voice of guidance.
#Although many Sefarim have been written, they often induce much confusion, by rehashing what others already wrote beforehand or misleading one to think the rulings are unequivocal, while they in fact are laden in controversy. Demanding that one research the sources himself is unreasonable, and existing resources like the [[Maggid Mishneh]] and [[Rabbeinu Yerucham]] are not comprehensive, lacking, or limited in scope. Even if one knows the source, he still bears the burden of looking it and all of its commentaries up himself, find the relevant responsa, and determine which to follow. Certainly one who intends to cover much ground and gather wide, sweeping knowledge of the gamut of Halacha has his hands overflowing with sources to learn, remember, and not get sidetracked by. Even looking up the relevant Gemaras on each topic is already a handful. Attempting to substitute with Sifrei Kitzurim is a recipe to not know a single Halacha well. Therefore he decided to write a Sefer that includes all of the Halachot with their sources and arrays of understandings in the Poskim.
 
====Structure====
 
#Instead of writing a new Sefer and rehashing that which has already been done, I decided to write my work as a commentary on a major Posek's work. At first, I considered writing it on the [[Rambam]], since he's the most lauded Posek in the world. Then, I changed my mind and wrote on the [[Tur]] instead, because the [[Rambam]] only presents his own opinion and not those of others, which would mean Rav Yosef Karo would have to write even more.
#As a result, the Beit Yosef was written on the [[Tur]], to:
##Source the Halachot in the writings of Chazal
##Include the reasonings of the cited Rishonim
##Fill in those approaches of Rishonim that were omitted
##Elucidate the words of Rishonim, especially the difficult ones, like the [[Rambam]], whose words are often cryptic
##This way, one who learns it will have the the explained opinions of major Rishonim plus some [[Zohar]] organized in front of him.
 
====The Remarkable Derech HaPesak====
 
#The goal of the Beit Yosef is to indeed to decide which position to follow, but not with Talmudic proofs. The Chiddushim of the Rishonim are already erupting with the back and forth of Talmud Torah at levels that we are incapable of determining who is correct. Attempting to do so would be foolish, cavalier, and simply arrogant. We're incapable in our diminished state of sin to understand or outsmart them.
#Therefore, I decided to use the three pillars of Halacha upon which the entire Jewish nation is supported - the [[Rif]], [[Rambam]], and [[Rosh]].
#Where two of the three agree, the Halacha will follow them, except for the few places where all or the majority of Chachmei Yisrael disagree and result in the Minhag being the opposite.
#If one of the three did not reveal his opinion, then we'll follow the eminent Chachamim who did voice an opinion on the matter.
#In locations where there was already a pre-established Minhag to prohibit something, they should uphold it, as is elaborated in Perek Makom SheNahagu<ref>Pesachim 51a</ref>
 
====The Name====
 
#As the Sefer will sustain students of any caliber in understanding the Tur, it's called Beit Yosef, just as everyone was fed from Yosef's estate in Mitzrayim.
#Also because it's my home in Olam HaZeh and Olam HaBa.
 
===Klalim===
 
#Given that the [[Rosh]], [[Mordechai]]. [[Samag]], [[Samak]], [[Sefer HaTerumah]], and [[Hagahot Maimoniot]] all draw from the [[Baalei HaTosafot]], the complete list of citations regarding Halachot they all write of is omitted in favor of just citing the location in Tosafot. Therefore, one shouldn't be concerned that the those sources were not seen by the Beit Yosef.<ref>Hakdama to Beit Yosef</ref>
#Due to the fact that the Shu"t Ha[[Rashba]] printed in the times of the Beit Yosef was mistakenly attributed to the [[Ramban]], the Beit Yosef refers to it as Shu"t Ha[[Ramban]], even though he knew it was really the [[Rashba]]'s. This way, one who seeks to look up the source will know which Sefer to open.<ref>Hakdama to Beit Yosef</ref>
#The Kenesset HaGedolah laments how sometimes the Beit Yosef will quote another Rishon quoting the [[Rambam]], when the [[Rambam]]'s ruling is already written explicitly. He suggests that the secondary source must have added an additional dimension to the idea to warrant its inclusion.<ref>Yad Malachi (Klalei Beit Yosef 35)</ref>
#Rav Yosef Karo usually rules stringently by Safek DeOraita, so it's astonishing when he doesn't.<ref>Yad Malachi (Klalei Beit Yosef 36)</ref>
#The Beit Yosef does not employ the mechanism of [[Kim Li]] to determine a ruling but rather, if none of the three Amudei Horaah elicits an opinion, he finds one of the commonly accepted Poskim ("Mefursamim") who did and rules like him. Some take issue with his exclusion of Kim Li in favor of his Amudei Horaah rule in monetary cases.<ref>Yad Malachi (Klalei Beit Yosef 38)</ref>
#When many Rishonim share a position, the Beit Yosef does not list off all of their names but rather shares it in the name of the most notable Posek who says it.<ref>Yad Malachi (Klalei Beit Yosef 40)</ref>
#According to the Kenesset HaGedolah, the style of the Beit Yosef is to collect sevarot, so sometimes opposite ideas will be separated by an "Aval" but not always, because his intention is to inform us of the spectrum of opinions and for the Posek to decide.<ref>Yad Malachi (Klalei Beit Yosef 41)</ref>
 
====Bedek HaBayit====
 
#The emendations of the Bedek HaBayit were not always printed on the right Siman in Beit Yosef.<ref>Yad Malachi (Klalei Beit Yosef 39), Shem HaGedolim (Gedolim, Yud 165; Sefarim, Bet 31)</ref>
#The [[Rama]] didn't see the Bedek HaBayit,<ref>Yad Malachi (Klalei Beit Yosef 39)</ref> because it was printed after he died. Neither did the Sma, [[Bach]], or Tosafot Yom Tov.<ref>Beit Shmuel 15, Shach (Yoreh Deah 34), Elyah Rabbah 101:3, Birkei Yosef Yoreh Deah 286:2 and Orach Chaim 27:4 and 101, Shem HaGedolim (Sefarim, Bet 31) and Menachem Tzion ad loc., Sdei Chemed Klalei HaPoskim 14:9), Matnat Yado ad loc.</ref> Some say the [[Taz]] didn't have the Bedek Habayit either.<ref>Pitchei Teshuva Y.D. 163:3 citing the Chatom Sofer. Taz Y.D. 168:36 also implies this as the Shaar Deah 168:11 notes.</reF>
#When faced with a Bedek HaBayit that permits something prohibited in the Beit Yosef, the [[Kenesset HaGedolah]] argues it doesn't indicate retraction: the Beit Yosef is a comprehensive compilation of all the opinions, so he was just filling it in but doesn't necessarily hold of it.<ref>Yad Malachi (Klalei Beit Yosef 37)</ref>
#According to Rav Yosef Karo's son, some of the pamphlets of Bedek HaBayit were lost, which may account for contradictions between Beit Yosef and Shulchan Aruch, as the retracting statements never made it to the page. The [[Chida]] postulates that only 1/50 of the actual Bedek HaBayit is extant and adds that had they still be available, most of the objections raised against the Shulchan Aruch would be resolved.<ref>Shem HaGedolim (Gedolim, Yud 165; Sefarim, Bet 31)</ref>
 
==Shulchan Aruch==
===Purpose===
 
#The intention of Maran and the Rama was for Shulchan Aruch to serve as a tool for monthly review by those who have already learned the [[Tur]] and Beit Yosef.<ref>Hakdama to Shulchan Aruch</ref> The purpose is not to rule from the sefer itself. The Sma<ref>Sma Hakdama</ref> laments how in his day, centuries ago, many people wanted to learn the entire Torah on one foot and would rule from the Shulchan Aruch alone. The Beit Yosef himself<ref>Shu"t Beit Yosef Even HaEzer Dinei Gittin Siman 4</ref> himself makes this point. As the Sdei Chemed<ref>Sdei Chemed (Klalei HaPoskim 13:2)</ref> puts it, if you don't know the source you won't understand the din. The Acharonim, notably the Maharsha<ref>Chiddushei Aggadot Sotah 22a</ref>, term such mistaken people "destroyers of the world," but nowadays with the many commentaries on the page of Shulchan Aruch, there's a strong argument to be made that this isn't as relevant of a concern, because the reasoning and source will be explained among the commentators, as well.<ref>Pitchei Teshuva Yoreh Deah 242. Yad Malachi (Klalei Shulchan Aruch 1) and Matnat Yado ad loc.</ref>
 
====Audience====
 
#The [[Kenesset HaGedolah]] postulates all rulings in the Beit Yosef are intended for all Jewish communities, while those in Shulchan Aruch are only intended for Eretz Yisrael. This would even be plausible to say between two contradictory statements in Shulchan Aruch itself.<ref>Yad Malachi (Klalei Shulchan Aruch 3)</ref>
 
====Inconsistencies with Beit Yosef====
 
#Often times, Maran will omit from Shulchan Aruch a nunber of rulings cited in Beit Yosef, because, the [[Kenesset HaGedolah]] explains, he didn't find these rulings in those of other Poskim. They were cited in Beit Yosef, because the goal of Beit Yosef is to gather all the opinions. Others say he retracted his position<ref>Minchat Yitzchak vol. 8 Siman 31 extends to Rama also.</ref> While others yet insist that the content omitted is still accepted.<ref>Yad Malachi (Klalei Shulchan Aruch 4) and Matnat Yado ad loc. See also [http://www.hebrewbooks.org/pdfpager.aspx?req=9174&st=&pgnum=220&hilite= Petach HaDevir vol. 4 Siman 339:4], Shu"t Rav Pe'alim (vol. 2 Siman 43), Shu"t Yabia Omer (vol. 3 Even HaEzer Siman 13:2, vol. 5 Orach Chaim Siman 39:4, vol. 6 Orach Chaim 24:2), Shu"t Yechaveh Daat (vol. 2 Siman 40, vol. 4 Siman 46 in the footnotes), Leviat Chen (Siman 40), Taharat HaBayit (vol. 1 Siman 2 page 58, vol. 2 Siman 13 page 377 and 427). Chief Rabbi of the Israeli Police Force and former rabbi of the Yishuv Talmon, 
[https://he.wikipedia.org/wiki/%D7%A8%D7%9E%D7%99_%D7%A8%D7%97%D7%9E%D7%99%D7%9D_%D7%91%D7%A8%D7%9B%D7%99%D7%94%D7%95 Rav Rami Berachyahu] delivers a clear treatment of this in [http://www.otzar.org/wotzar/book.aspx?164141&pageid=16414100319 Tal Livracha vol. 2 Siman 38] and concludes that many Acharonim agree with the [[Chida]] that the Halacha follows the Shulchan Aruch except for in three types of cases: the case is uncommon, the idea is obvious, or it's hinted to in another place. Of course, each instance requires its own investigation, though.</ref>
#Sometimes, Maran records rulings or customs in Shulchan Aruch that do not appear in Beit Yosef, because he discovered them after it was printed.<ref>Yad Malachi (Klalei Shulchan Aruch 5) and Matnat Yado ad loc.</ref>
 
===Methodology & Writing Style===
 
#According to the Sma, even though Maran shows astonishment regarding a certain Rishon's opinion, he still records it in Shulchan Aruch despite his question.<ref>See Rav Berachot, Chukot HaChaim Siman 51, and Kol HaChaim Mem 62 where Rav Chaim Palagi and the Ben Ish Chai discuss this further.</ref> The Kenesset HaGedolah does not seem to assume this way, though. Ultimately, the Sdei Chemed<ref>Sdei Chemed Klalei HaPoskim 13:4</ref> does insist that if something that Maran questioned in Beit Yosef is omitted from Shulchan Aruch, it is an indication of nonacceptance.<ref>Yad Malachi (Klalei Shulchan Aruch 7), Matnat Yado fn. 25</ref>
#If Maran stipulates that something is only permissible given a certain parameter yet he himself elsewhere writes that that parameter isn't necessary, his intention here is just to say that with this additional factor everyone is lenient.<ref>Yad Malachi (Klalei Shulchan Aruch 8)</ref>
#When Maran writes "דברי פלוני נראין," he concurs to rule stringently but not for that Posek's reasoning. Additionally, "ויש לאסור כסברא פלוני" means he rules that way and agrees with the reasoning, too.<ref>Yad Malachi (Klalei Shulchan Aruch 9)</ref>
#Maran always records the ruling in the original articulation of the Posek it comes from, even if there is some difficulty in his language that may even have practical ramifications. Essentially, he leaves room to inject whatever explanation is given for that Posek's words to the ruling in Shulchan Aruch, as well.<ref>Yad Malachi (Klalei Shulchan Aruch 11)</ref>
 
====Stam veYesh (סתם ויש)====
''Table courtesy of [https://www.yutorah.org/rabbi-jonathan-cohen/ Rabbi Jonathan Cohen]''<ref>See his Sephardi Yoreh Deah Chabura - Taaruvot 98 - Stam VaYesh [https://www.yutorah.org/sidebar/lecture.cfm/783696/rabbi-jonathan-cohen/sephardi-yoreh-deah-chabura-part-2-taaruvot-98-stam-vayesh-i/ Part I], [https://www.yutorah.org/sidebar/lecture.cfm/784175/rabbi-jonathan-cohen/sephardi-yoreh-deah-chabura-part-3-taaruvot-98-stam-vayesh-ii/ Part II], and [https://www.yutorah.org/sidebar/lecture.cfm/784935/rabbi-jonathan-cohen/sephardi-yoreh-deah-chabura-part-4-taaruvot-98-stam-vayesh-iii/ Part III] for a deeper understanding, plus source sheets.</ref>
{| class="wikitable"
! style="text-align: right; font-weight:bold; font-size:18px; background-color:#ffcc67;" |כשהי"א לקולא
! style="text-align: right; font-weight:bold; font-size:18px; background-color:#ffcc67;" |כשהי"א לחומרא
! style="text-align: right; font-weight:bold; font-size:18px; background-color:#ffcc67;" |עיקר
! style="text-align: right; font-weight:bold; font-size:18px; background-color:#ffcc67;" |שיטה
|-
| style="text-align: right; background-color:#dae8fc;" |
| style="text-align: right; background-color:#dae8fc;" |
| style="text-align: right; background-color:#dae8fc;" |יש אומרים
| style="text-align: right; background-color:#dae8fc;" |צמח צדק (הקדמון)
|-
| style="text-align: right; background-color:#9aff99;" |
| style="text-align: right; background-color:#9aff99;" |
| style="text-align: right; background-color:#9aff99;" |ספק
| style="text-align: right; background-color:#9aff99;" |בנין ציון
|-
| style="text-align: right; background-color:#efefef;" |
| style="text-align: right; background-color:#efefef;" |
| style="text-align: right; background-color:#efefef;" |סתם
| style="text-align: right; background-color:#efefef;" |גט פשוט, יד מלאכי
|-
| style="text-align: right; background-color:#efefef;" |יש להקל בהפסד מרובה
| style="text-align: right; background-color:#efefef;" |
| style="text-align: right; background-color:#efefef;" |סתם
| style="text-align: right; background-color:#efefef;" |משאת בנימין, פרי חדש
|-
| style="text-align: right; background-color:#ecf4ff;" |יש להקל בדרנן בהפ"מ
| style="text-align: right; background-color:#ecf4ff;" |סתם לגמרי
| style="text-align: right; background-color:#ecf4ff;" |סתם
| style="text-align: right; background-color:#ecf4ff;" |ש"ך, (חוץ מהחי"א ויד מלאכי דמבינים דס"ל כרמ"ע מפאנו), הגר"ע יוסף
|-
| style="text-align: right; background-color:#ecf4ff;" |יש להקל בהפסד מרובה
| style="text-align: right; background-color:#ecf4ff;" |סתם לגמרי
| style="text-align: right; background-color:#ecf4ff;" |סתם
| style="text-align: right; background-color:#ecf4ff;" |חיד"א בדעת הש"ע (ע"פ הגר"ע יוסף)
|-
| style="text-align: right; background-color:#ecf4ff;" |סתם לגמרי (לא כ' לגבי דרבנן)
| style="text-align: right; background-color:#ecf4ff;" |סתם לגמרי
| style="text-align: right; background-color:#ecf4ff;" |סתם
| style="text-align: right; background-color:#ecf4ff;" |ב"ח, פר"מ, שמש ומגן (הגר"ש משאש)
|-
| style="text-align: right; background-color:#ecf4ff;" |
| style="text-align: right; background-color:#ecf4ff;" |סתם לגמרי
| style="text-align: right; background-color:#ecf4ff;" |סתם
| style="text-align: right; background-color:#ecf4ff;" |מהרי"ט, רמ"ע מפאנו (ע"פ חוות יאיר, אליה רבה, והגר"ע יוסף),
חוות יאיר, אליה רבה, ישיב משה
|-
| style="text-align: right; background-color:#ffffc7;" |יש להקל בהפסד מרובה
| style="text-align: right; background-color:#ffffc7;" |יש לחוש לי"א
| style="text-align: right; background-color:#ffffc7;" |סתם
| style="text-align: right; background-color:#ffffc7;" |כנסת הגדולה
|-
| style="text-align: right; background-color:#ffffc7;" |
| style="text-align: right; background-color:#ffffc7;" |יש לחוש לי"א
| style="text-align: right; background-color:#ffffc7;" |סתם
| style="text-align: right; background-color:#ffffc7;" |שלחן גבוה, רמ"ע מפאו (ע"פ היד מלאכי והגינת ורדים והחיד"א)
|-
| style="text-align: right; background-color:#ffce93;" |יש להקל בהפסד מרובה
| style="text-align: right; background-color:#ffce93;" |יש לחוש לכתחילה,
ומקילים כסתם במקום הפסד אפ' הפסד מועט
| style="text-align: right; background-color:#ffce93;" |סתם
| style="text-align: right; background-color:#ffce93;" |חיד"א בדעת הש"ע (ע"פ הכה"ח ואור לציון),
כה"ח בדעת הש"וע ולהלכה גבי רה"ר,
ואפשר שכן דעת האור לציון (הגרב"צ אבא שאול)
|-
| style="text-align: right; background-color:#ffccc9;" |סתם לגמרי אפ' בהפמ"מ
| style="text-align: right; background-color:#ffccc9;" |יש לחוש, ומקילן כסתם רק בהפ"מ
| style="text-align: right; background-color:#ffccc9;" |סתם
| style="text-align: right; background-color:#ffccc9;" |חיד"א להלכה מקבלת רבותיו, זב"צ, בא"ח, כה"ח, (ואפשר שכן דעת האור לציון)
|-
| style="text-align: right; background-color:#ffccc9;" |
| style="text-align: right; background-color:#ffccc9;" |יש לחוש, ומקילין כסתם רק בהפ"מ
| style="text-align: right; background-color:#ffccc9;" |סתם
| style="text-align: right; background-color:#ffccc9;" |הלכות קטנות בקבלה מרבותיו
|}
 
#The Kenesset HaGedolah writes that Shulchan Aruch follows the Stam unequivocally and unabashedly and only presents the Yesh to give Kavod to the Rishon who maintains that position, unless indicated otherwise.<ref>Yad Malachi (Klalei Shaar HaPoskim 17)</ref> The Ginat Veradim says it's a dispensation to allow later Chachamim who invest themselves in the Halacha and come to the conclusion of the Yesh Omrim to follow it. Many Acharonim accept this Klal, including the Rama miFano, Bach, Shach, Pri Chadash, Beit David, Elyah Rabbah, Chelkat Mechokek, and Yad Malachi.<ref>Yad Malachi (Klalei Shulchan Aruch 17). See Sdei Chemed Klalei HaPoskim 13:8, Minchat Yitzchak 10:8.</ref>
#A Stam VeYesh that is reversed elsewhere, meaning the Stam here is the Yesh there and the Yesh here is the Stam there, leaves us uncertain how to proceed.<ref>Yad Malachi (Klalei Shaar HaPoskim 18)</ref>
 
====Yesh veYesh (יש ויש)====
See [[Tur#Stam vaYesh and Yesh veYesh]]
 
#There are three basic Shitot in Yesh veYesh (יש אומרים ויש אומרים): The Halacha follows the first, the second, or whichever one the Posek chooses.<ref>The three positions are:
 
#Kenesset HaGedolah, Elyah Rabbah, and Beit David write that the Shulchan Aruch and Rama accept the second Yesh. Yad Malachi (Klalei Shulchan Aruch 13) has a bunch of problematic examples and suggests that it's only applicable where there is no decisive line at the end indicating which to follow. For example, if the Halacha follows the second approach, why does Maran sometimes append a "Hachi Mistavra" to the second Yesh? Isn't the Klal sufficient to inform us that he accepts that position? Why tell us that it's logical also? The [[Chida]] (Birkei Yosef Orach Chaim 273:8) elucidates that Maran doesn't rule based on his own intellect but rather by the majority of the Poskim's. The Klal indicates which position was accepted by the Gedolei HaPoskim, and the addendum of "Hachi Mistavra" means that Maran himseld also though it logical.
#Ginat Veradim interestingly posits you can choose.
See [http://www.hebrewbooks.org/pdfpager.aspx?req=7658&st=&pgnum=303 Yafeh LeLev Orach Chayim vol. 1 159:6] who adds another challenging citation to the Yad Malachi's list, [http://www.hebrewbooks.org/pdfpager.aspx?req=7976&st=&pgnum=297 Petach HaDevir vol 3 pg 296 col 3], and Sdei Chemed (Klalei HaPoskim 13:14-15), as cited in Matnat Yado fn. 71.</ref>
#"Yesh veYesh" means "Yesh Omrim X veYesh Omrim Y," but "Yesh vePloni," such as "Yesh Omrim X, veHaRambam Omer Y" would not qualify under this rule; rather, Maran is highlighting the opinion of a Yachid that we do not follow.<ref>Yad Malachi (Klalei Shulchan Aruch 14</ref> Some might argue that when both Yesh Omrim's begin with a vav - "'''ve'''Yesh Omrim X, '''ve'''Yesh Omrim Y" - the rule does not apply.<ref>Magen Avot Orach Chaim 422:2 fn. 308 s.v. Vegam.</ref>
#When Maran presents the first opinion in the plural "Yesh Omrim" (יש אומרים) and the second in the singular "Yesh Mi SheOmer" (ויש מי שאומר), the Ginat Veradim and Kenesset HaGedolah understand that he accepts the first position and is implying that the latter one is a Yachid.<ref>However, the Yad Malachi (Klalei Shulchan Aruch 15) feels the Kenesset HaGedolah eventually retracted his position in his Klalim, while others argue that he misunderstood the second Klal and there was never a retraction (Matnat Yado ad loc.). It's noteworthy how Maran presents a Yesh Omrim veYesh Mi SheOmer in Choshen Mishpat 213 and the Chida (Birkei Yosef Orach Chaim 561) treats it like a regular Yesh veYesh.</ref>
#If there's an added layer of distinction to be made, it will sometimes be appended as a Yesh Omrim to a Stam, not because it's a Machaloket but because the distinction wasn't exicit in the first opinion's presentation.<ref>Yad Malachi (Klalei Shulchan Aruch 6)</ref>
#When Maran appends "ויש חולקים" to a Halacha, some say he means to disagree with the position he just presented and side with the Cholkim, while others disagree and say he would have written it as Yesh Omrim if that was the case.<ref>Yad Malachi (Klalei Shulchan Aruch 10)</ref>
#Sma writes that Maran and the Rama use the phrase "Yesh Mi SheOmer" (יש מי שאומר) in the singular to introduce a Rishon's position that is accepted but not mentioned by anyone else. In other words, such formulations are not a Stam vaYesh or Yesh veYesh. The Kenesset HaGedolah and others accept this Klal, but the Yad Malachi<ref>Yad Malachi (Klalei Shulchan Aruch 12)</ref> argues strongly, however, that this cannot always be true, given numerous contradictory examples. Therefore, he relegates the Sma's rule to be a general one that is true most but not all of the time. Finally, there are a number of Acharonim cited by the Yad Malachi who categorically reject this Klal, but the majority seem to indeed accept it, [[Chida]]<ref>Birkei Yosef Orach Chaim 672:1, Machzik Bracha Yoreh Deah 83:16</ref> and Maamar Mordechai<ref>Ma'amar Mordechai 273:1</ref> included.<ref>Matnat Yado fn. 55, 58<. See also Sdei Chemed (Klalei HaPoskim 13:22), Yabia Omer (vol. 2 Orach Chaim 4:3), and Elkabetz (Aflalo, vol. 1 Even HaEzer 1)</ref> Some argue that this doesn't mean the Shulchan Aruch holds like that opinion; rather, ''we'' follow it because it's the only opinion known on the topic. If someone were to uncover more opinions on the matter, we would be ready to follow them if they were more compelling.<ref>Rav Bentzion Cohen in Ohr Torah (Av-Elul 5753, Siman 167, page 502)</ref>
 
===Authorship===
 
#A number of Acharonim, including the Maharikash, R' Shmuel Abuhab, and even Rav Chaim Vital claim or heard that Shulchan Aruch was written at the end of Rav Yosef Karo's life, which accounts for contradictions and inaccuracies that crept in. They claim either he wrote it himself and was weak and old, or students wrote it for him or on their own. The printing dates suffice to trounce this claim. The Maharitatz writes that the Shulchan Aruch was written for laymen and Amei HaAretz, which caused the Yad Malachi to call attention to the introduction to Shulchan Aruch where Maran writes exactly not so and to the  testimonies of the Ginat Veradim and Kenesset HaGedolah to the grand acceptance of Shulchan Aruch. Some argue the proof from the Hakdama is invalid, as it could be referring to one who uses both Shulchan Aruch and Beit Yosef. In defense of Maran, the [[Chida]]<ref>Shem HaGedolim (Sefarim, Shin 75)</ref> disputes the above claims as unfounded anathema. Shulchan Aruch was written by Maran himself with full cognition and intent for it to be used to decide Halacha. The Maamar Mordechai 38:4 defends the Maharitatz as being taken out of context.<ref>Yad Malachi (Klalei Shulchan Aruch 2), Matnat Yado ad loc</ref>
 
===Notable Commentaries (Mefarshim / Nosei Kelim)===
 
#'''[[Orach Chaim]]''' - [[Taz]], also known as Magen David and [[Magen Avraham]], together known as "Maginei Eretz."<ref>Shem HaGedolim (Sefarim, Tet 16), [http://www.hebrewbooks.org/40432 HebrewBooks]</ref>
#'''[[Yoreh Deah]]''' - [[Shach]] and [[Taz]], together known as "Ashlei Ravrevei,"<ref>Shem HaGedolim (Sefarim, Tet 16), [http://www.hebrewbooks.org/40530 HebrewBooks]</ref> and [[Pri Chadash]] and [[Pri Toar]], together known as Perot Ginosar.
#'''[[Even HaEzer]]''' - [[Chelkat Mechokek]] and [[Beit Shmuel]], together known as "Apei Ravrevei."<ref>Shem HaGedolim (Sefarim, Bet 75, Chet 89), [http://www.hebrewbooks.org/40524 HebrewBooks]</ref>
#'''[[Choshen Mishpat]]''' - [[Shach]] and [[Sma]], who were both Kohanim, so editions of Choshen Mishpat with their commentary are known as "Torat Kohanim."<ref>Shem HaGedolim (Sefarim, Mem 158) and Menachem Tzion ad loc fn. 105, [http://www.hebrewbooks.org/pdfpager.aspx?req=40538&st=&pgnum=3 HebrewBooks]</ref>
 
==She'elot u'Teshuvot==
 
#Maran wrote responsa on all areas of Shulchan Aruch (see "Works No Longer Extant"). We have Avkat Rochel, which is a compilation of responsa to his contemporaries, such as the Alishich, Ramak, Mabit, and Radbaz.<ref>Shem HaGedolim (Sefarim, Aleph 13)</ref> and Shu"t Beit Yosef on Even HaEzer.
 
==Maggid Mesharim==
 
#Rav Yosef Karo had an angel, a Maggid, whose teachings he recorded in Maggid Mesharim. The story of how the Maggid was revealed to him one Leil Shavuot is recorded in the [https://www.sefaria.org/Shenei_Luchot_HaBerit%2C_Aseret_HaDibrot%2C_Shevuot%2C_Ner_Mitzva.12?vhe=Shenei_Luchot_HaBrit,_based_on_Amsterdam,_1698_ed._Part_II&lang=he&with=all&lang2=he Sefer Shnei Luchot HaBrit (Aseret HaDibbrot, Masechet Shavuot, Ner Mitzvah s. v. Leharot)].
 
==Works Not Available to Rav Yosef Karo==
 
#The [[Ra'ah]]'s Bedek HaBayit was not available to Maran, but the [[Bach]], [[Sma]], and [[Maharsha]] did have it.<ref>Yad Malachi (Klalei HaTur 15), Shem HaGedolim (Gedolim, Shin 19)</ref> The [[Rashba]]'s Mishmeret HaBayit was similarly unavailable to Maran.<ref>Shem HaGedolim (Gedolim, Shin 19)</ref>
#Maran never saw Piskei or Chiddushei Ha[[Riaz]] or [[Shiltei HaGibborim]].<ref>Yad Malachi (Klalei Shear HaMechabrim 44), Birkei Yosef Orach Chaim 188:2, Shem HaGedolim (Sefarim, Shin 76)</ref>
 
==Works No Longer Extant==
 
#In addition to the aforementioned missing sections of Bedek HaBayit, Rav Yosef Karo wrote a commentary on those of [[Rashi]] and [[Ramban]], a commentary on Mishnayot, and responsa on all four sections of Shulchan Aruch,<ref>Hakdama to Shu"t Beit Yosef (Even HaEzer)</ref> though we only have the Shu"t Beit Yosef on Even HaEzer today. The [[Chida]] saw the other sections of responsa in manuscript.<ref>Shem HaGedolim (Gedolim, Yud 165)</ref>
 
==Klalei HaRama==
See the [[Rama]] page.
 
==Further Reading==
 
*Yad Malachi, especially the [http://www.machon-y.com/VSHOP/WSHOP.wzx?UC=machonj&SingleItem=%e9%e3%20%ee%ec%e0%eb%e9&category=Empty Machon Yerushalayim annotated edition]
*[http://www.hebrewbooks.org/pdfpager.aspx?req=14151&st=&pgnum=154&hilite= Sdei Chemed, Klalei HaPoskim Siman 13 (vol. 9, page 156, in some editions])
*[http://www.hebrewbooks.org/pdfpager.aspx?req=39738&st=&pgnum=21 Eretz Hayyim, Kuntres HaKlalim], by [https://he.wikipedia.org/wiki/חיים_סתהון R' Hayyim Setthon]
*[http://www.hebrewbooks.org/pdfpager.aspx?req=19979&st=&pgnum=24 Ohr LeTzion vol. 2 "Yesodot Darkei Horaah."]
*[http://www.hebrewbooks.org/56804 Ein Yitzchak vol. 3], by Rav Yitzchak Yosef
*[http://www.otzar.org/wotzar/book.aspx?198570&pageid=19857000527 Orot HaTahorah], by [http://orotm.org/%D7%A8%D7%91-%D7%9E%D7%A1%D7%A4%D7%A8-3/ Rav Zecharia Ben Shlomo], page 475, "Darkei Horaah - LeShitat Sepharadim, Ashkenzim, veTeimanim"


==Sources==
==Sources==
<References/>
{{Reflist|30em}}
[[Category:Prayer]]
[[Category: Klalim]]
<references />

Revision as of 04:59, 1 July 2020

Overview

בית יוסף - הקדמה

ועלה בדעתי שאחר כל הדברים אפסוק הלכה ואכריע בין הסברות כי זהו התכלית להיות לנו תורה אחת ומשפט אחד. וראיתי שאם באנו לומר שנכריע דין בין הפוסקים בטענות וראיות תלמודיות הנה התוספות וחידושי הרמב"ן והרשב"א והר"ן ז"ל מלאים טענות וראיות לכל אחת מהדיעות. ומי זה אשר יערב לבו לגשת להוסיף טענות וראיות. ואיזהו אשר ימלאהו לבו להכניס ראשו בין ההרים הררי אל להכריע ביניהם על פי טענות וראיות לסתור מה שביררו הם או להכריע במה שלא הכריעו הם. כי בעונותינו הרבים קצר מצע שכלינו להבין דבריהם כל שכן להתחכם עליהם. ולא עוד אלא שאפילו היה אפשר לנו לדרוך דרך זה לא היה ראוי להחזיק בה לפי שהיא דרך ארוכה ביותר:

ולכן הסכמתי בדעתי כי להיות שלשת עמודי ההוראה אשר הבית בית ישראל נשען עליהם בהוראותיהם הלא המה הרי"ף והרמב"ם והרא"ש ז"ל אמרתי אל לבי שבמקום ששנים מהם מסכימים לדעת אחת נפסוק הלכה כמותם אם לא במקצת מקומות שכל חכמי ישראל או רובם חולקין על הדעת ההוא ולכן פשט המנהג בהיפך:

In his acclaimed introduction to the Beit Yosef, Rav Yosef Karo sets down his monumental rules of Pesak, to follow the three Amudei Horaah, the Rif, Rambam, and Rosh, upon whom the entire Jewish nation relies. We are simply incapable of decide for ourselves who is correct from among the dominating figures of the Rishonim. There exist a number of approaches to understanding the Beit Yosef's approach to Halacha and the extent to which it has been accepted among the Jewish people. Such discussions also appear regarding the acceptance of the Arizal's rulings. These are some basic approaches to elaborated on further below.[1]

Sepharadim

  1. Chacham Ovadia Yosef: The rulings of Shulchan Aruch have been accepted in any case, lenient or strict, even Lechatchilah. In a case of "Stam vaYesh," the Halacha follows the Stam unequivocally.[2]
  2. Chacham Ben Tzion Abba Shaul: The Shulchan Aruch's rulings are not absolute "BeTorat Vaday. Although he decides debates between the Rishonim, if one side was not completely rejected, the Shulchan Aruch will present the more correct one as "Stam" and the less correct but still significant view as a "Yesh Omrim" to recommend one be stringent if easily possible. If the "Yesh" is more lenient, then it's worthy of being included as an additional reason to be lenient in situations of need. This understanding resolves numerous contradictions in Shulchan Aruch and stringencies in Ben Ish Chai. Similarly, in a "Yesh veYesh" - two Yesh Omrims - the Halacha follows the latter, but the former was written for the above reasons. Essentially, the rulings of the Shulchan Aruch were accepted "BeTorat Safek;" therefore, one can better understand how Acharonim can rule stringently against the Shulchan Aruch in cases of Torah level prohibitions, such as by employing the principle of Safek Berachot leHakel Neged Maran.[3]
  3. Chacham Mordechai Eliyahu: The Ben Ish Chai unified Nigleh and Nistar, the rulings of Maran Rav Yosef Karo with those of the Zohar and Mekubalim, with the Arizal at their head, and he was accepted as the Posek Acharon.[4] One's role is to satisfy all opinions, not find lenient views to rely upon. Those are reserved for only dire circumstances.[5]

Ashkenazim

  1. The Ashkenazi custom is to follow the rulings of Rav Moshe Isserles, known as the Rama. In places where the Rama did not write glosses on Shulchan Aruch, Ashkenazim revert to following the positions of the Shulchan Aruch. The Rama[6] and Maharshal[7] admit to the magnificent work that is the Beit Yosef; they argue that the way opinions of the Baalei HaTosafot, Mordechai, etc. are weighted leaves their Minhagim in question.

Teimanim

  1. "Baladi," lead by Peulat Tzaddik (Maharitz): Minhag is to follow Shulchan Aruch in general in addition to the stringent opinions of the Rambam.[8]
  2. "Shammi," lead by Shtilei Zeitim[9] and Revid HaZahav[10]: Teimanim follow Shulchan Aruch completely, with a sprinkling of Minhagim like the Rama, but not the Rambam.[11]
  3. "Dor Da’i," lead by Rav Yosef Kapach:[12] The custom in Teiman was to follow the Rambam almost exclusively.[13]

Acceptance of Shulchan Aruch

  1. The Chida teaches that the holiness of the Tur and Rav Yosef Karo's Neshamot merited that they should be the first steps of every Posek's decision making.[14]

Sepharadim

  1. In general, if a community with Minhagim is removed from its location for whatever reason and another community (not just individuals) eventually takes its location, the second community maintains its own traditions and is not bound by the traditions of the original one.[15] However, in Eretz Yisrael, where the Minhag has been like the Shulchan Aruch, the lack of current Sepharadic community following the Shulchan Aruch does not mean that the new Sepharadic communities to settle there are independent of its rulings, because the Sepharadic acceptance of Shulchan Aruch is not a function of Minhag HaMakom or Mara deAtra, which could be lost, but rather, acceptance on the community and all its descendants. Therefore, the communities moving to Eretz Yisrael are themselves communities that already live under the banner of Shulchan Aruch, as they have for centuries, and continue to do so. Of course, if they never accepted the Shulchan Aruch, that's a different story. With respect to the Rambam, however, the acceptance was a function of Mara deAtra, so the acceptance is not binding on new communities. With the great Kibbutz Galuyot of the past century, it's worthwhile for all those gathering in Eretz Yisrael to accept Minhag Yerushalayim as a unifying force and avoid controversy in the commonly non-uniform communities that now exist.[16]
  2. The first printing of Beit Yosef was such a success that Maran was unable to send Bedek HaBayit, his additions and revisions, to the printers in time for them to be included in the second printing, so it had to be printed as a separate sefer and then incorporated in later editions of Beit Yosef.[17]
  3. The Chida writes how Maran had the Neshama of R' Yehudah Bar Ilay, who was "Rosh HaMedabrim beChol Makom"[18]. His ruling were accepted throughout Eretz Yisrael, Turkey, Syria, Iran, etc, but not with respect to monetary matters. According to him, one who follows the stringencies of the Rama in Eretz Yisrael need not be rebuked, but one who follows the leniencies should be. The Panim Meirot says that an Ashkenazi who keeps the leniencies of the Shulchan Aruch needs Teshuvah, and the Chida says a Yerei Hashem should keep the stringencies of both.[19]
  4. The Acharonim debate whether one can employ a Safek Sefekah leHalacha when both other sides are against Maran. Rav Ovadia is lenient,[20] but Rav Ben Tzion Abba Shaul is not.[21]

Chronology of Writings

  1. The Chida writes how important it is to learn the historical/bibliographic details of Sefarim, because it alleviates many uncertainties and prevents one from entertaining mistaken understandings, as is evidenced by the many times he uses such details to resolve issues throughout Shem HaGedolim.[22]
  2. Authorities are uncertain which work was written first, Kessef Mishneh or Beit Yosef. The number of cross citations from one book to another are too numerous in each direction to be convincing of one side or the other and, in fact, lead the Shulchan Gavoah[23] to determine that Rav Yosef Karo worked on both works simultaneously The Yad Malachi, however, argues that the Kessef Mishneh must have been completed after the Beit Yosef, because, in Kessef Mishneh, it says that the Shemitta is in year 5327, and in the end of Beit Yosef, it says the Sefer was completed in the year 5314. It's certainly possible, though, that he worked on both simultaneously and therefore referenced the Kessef Mishneh manuscript in Beit Yosef.[24] The Chida disproves this claim, because the first printing of Beit Yosef was in 5310, and Kessef Mishneh was complete but not printed until the end of Rav Yosef Karo's life. As long as he was alive, he continued to work on the Sefer, and he passed away in middle of the printing endeavor.[25]
  3. Many postulate that Shulchan Aruch was written after Bedek HaBayit, as the later positions taken in Bedek HaBayit appear in Shulchan Aruch, as well.[26] Maamar Mordechai[27] extrapolates that when Shulchan Aruch doesn't align with Bedek HaBayit, it means he retracted [again].[28]
  4. Rav Yosef Karo wrote a commentary called Klalei HaGemara on the Sefer Halichot Olam, which discusses Klalei HaTalmud. The Beit David claims Maran wrote the Klalei HaGemara later in life after completing his other works, but the Yad Malachi[29] thinks the reverse is more likely. The Chida[30] sides with the Beit David and adds that when Maran wrote his other Sefarim, he kept a list of Klalim that he extrapolated along the way and that eventually became Klalei HaGemara. [31]

Beit Yosef

Purpose

In his acclaimed introduction to Beit Yosef, Maran HaRav Yosef Karo elaborates his reasoning for writing his Sefer. Here are some of the highlights:

Context

  1. In a post Expulsion world, there is much blending of Halachic paths taking place, and there needs to be a unified voice of guidance.
  2. Although many Sefarim have been written, they often induce much confusion, by rehashing what others already wrote beforehand or misleading one to think the rulings are unequivocal, while they in fact are laden in controversy. Demanding that one research the sources himself is unreasonable, and existing resources like the Maggid Mishneh and Rabbeinu Yerucham are not comprehensive, lacking, or limited in scope. Even if one knows the source, he still bears the burden of looking it and all of its commentaries up himself, find the relevant responsa, and determine which to follow. Certainly one who intends to cover much ground and gather wide, sweeping knowledge of the gamut of Halacha has his hands overflowing with sources to learn, remember, and not get sidetracked by. Even looking up the relevant Gemaras on each topic is already a handful. Attempting to substitute with Sifrei Kitzurim is a recipe to not know a single Halacha well. Therefore he decided to write a Sefer that includes all of the Halachot with their sources and arrays of understandings in the Poskim.

Structure

  1. Instead of writing a new Sefer and rehashing that which has already been done, I decided to write my work as a commentary on a major Posek's work. At first, I considered writing it on the Rambam, since he's the most lauded Posek in the world. Then, I changed my mind and wrote on the Tur instead, because the Rambam only presents his own opinion and not those of others, which would mean Rav Yosef Karo would have to write even more.
  2. As a result, the Beit Yosef was written on the Tur, to:
    1. Source the Halachot in the writings of Chazal
    2. Include the reasonings of the cited Rishonim
    3. Fill in those approaches of Rishonim that were omitted
    4. Elucidate the words of Rishonim, especially the difficult ones, like the Rambam, whose words are often cryptic
    5. This way, one who learns it will have the the explained opinions of major Rishonim plus some Zohar organized in front of him.

The Remarkable Derech HaPesak

  1. The goal of the Beit Yosef is to indeed to decide which position to follow, but not with Talmudic proofs. The Chiddushim of the Rishonim are already erupting with the back and forth of Talmud Torah at levels that we are incapable of determining who is correct. Attempting to do so would be foolish, cavalier, and simply arrogant. We're incapable in our diminished state of sin to understand or outsmart them.
  2. Therefore, I decided to use the three pillars of Halacha upon which the entire Jewish nation is supported - the Rif, Rambam, and Rosh.
  3. Where two of the three agree, the Halacha will follow them, except for the few places where all or the majority of Chachmei Yisrael disagree and result in the Minhag being the opposite.
  4. If one of the three did not reveal his opinion, then we'll follow the eminent Chachamim who did voice an opinion on the matter.
  5. In locations where there was already a pre-established Minhag to prohibit something, they should uphold it, as is elaborated in Perek Makom SheNahagu[32]

The Name

  1. As the Sefer will sustain students of any caliber in understanding the Tur, it's called Beit Yosef, just as everyone was fed from Yosef's estate in Mitzrayim.
  2. Also because it's my home in Olam HaZeh and Olam HaBa.

Klalim

  1. Given that the Rosh, Mordechai. Samag, Samak, Sefer HaTerumah, and Hagahot Maimoniot all draw from the Baalei HaTosafot, the complete list of citations regarding Halachot they all write of is omitted in favor of just citing the location in Tosafot. Therefore, one shouldn't be concerned that the those sources were not seen by the Beit Yosef.[33]
  2. Due to the fact that the Shu"t HaRashba printed in the times of the Beit Yosef was mistakenly attributed to the Ramban, the Beit Yosef refers to it as Shu"t HaRamban, even though he knew it was really the Rashba's. This way, one who seeks to look up the source will know which Sefer to open.[34]
  3. The Kenesset HaGedolah laments how sometimes the Beit Yosef will quote another Rishon quoting the Rambam, when the Rambam's ruling is already written explicitly. He suggests that the secondary source must have added an additional dimension to the idea to warrant its inclusion.[35]
  4. Rav Yosef Karo usually rules stringently by Safek DeOraita, so it's astonishing when he doesn't.[36]
  5. The Beit Yosef does not employ the mechanism of Kim Li to determine a ruling but rather, if none of the three Amudei Horaah elicits an opinion, he finds one of the commonly accepted Poskim ("Mefursamim") who did and rules like him. Some take issue with his exclusion of Kim Li in favor of his Amudei Horaah rule in monetary cases.[37]
  6. When many Rishonim share a position, the Beit Yosef does not list off all of their names but rather shares it in the name of the most notable Posek who says it.[38]
  7. According to the Kenesset HaGedolah, the style of the Beit Yosef is to collect sevarot, so sometimes opposite ideas will be separated by an "Aval" but not always, because his intention is to inform us of the spectrum of opinions and for the Posek to decide.[39]

Bedek HaBayit

  1. The emendations of the Bedek HaBayit were not always printed on the right Siman in Beit Yosef.[40]
  2. The Rama didn't see the Bedek HaBayit,[41] because it was printed after he died. Neither did the Sma, Bach, or Tosafot Yom Tov.[42] Some say the Taz didn't have the Bedek Habayit either.[43]
  3. When faced with a Bedek HaBayit that permits something prohibited in the Beit Yosef, the Kenesset HaGedolah argues it doesn't indicate retraction: the Beit Yosef is a comprehensive compilation of all the opinions, so he was just filling it in but doesn't necessarily hold of it.[44]
  4. According to Rav Yosef Karo's son, some of the pamphlets of Bedek HaBayit were lost, which may account for contradictions between Beit Yosef and Shulchan Aruch, as the retracting statements never made it to the page. The Chida postulates that only 1/50 of the actual Bedek HaBayit is extant and adds that had they still be available, most of the objections raised against the Shulchan Aruch would be resolved.[45]

Shulchan Aruch

Purpose

  1. The intention of Maran and the Rama was for Shulchan Aruch to serve as a tool for monthly review by those who have already learned the Tur and Beit Yosef.[46] The purpose is not to rule from the sefer itself. The Sma[47] laments how in his day, centuries ago, many people wanted to learn the entire Torah on one foot and would rule from the Shulchan Aruch alone. The Beit Yosef himself[48] himself makes this point. As the Sdei Chemed[49] puts it, if you don't know the source you won't understand the din. The Acharonim, notably the Maharsha[50], term such mistaken people "destroyers of the world," but nowadays with the many commentaries on the page of Shulchan Aruch, there's a strong argument to be made that this isn't as relevant of a concern, because the reasoning and source will be explained among the commentators, as well.[51]

Audience

  1. The Kenesset HaGedolah postulates all rulings in the Beit Yosef are intended for all Jewish communities, while those in Shulchan Aruch are only intended for Eretz Yisrael. This would even be plausible to say between two contradictory statements in Shulchan Aruch itself.[52]

Inconsistencies with Beit Yosef

  1. Often times, Maran will omit from Shulchan Aruch a nunber of rulings cited in Beit Yosef, because, the Kenesset HaGedolah explains, he didn't find these rulings in those of other Poskim. They were cited in Beit Yosef, because the goal of Beit Yosef is to gather all the opinions. Others say he retracted his position[53] While others yet insist that the content omitted is still accepted.[54]
  2. Sometimes, Maran records rulings or customs in Shulchan Aruch that do not appear in Beit Yosef, because he discovered them after it was printed.[55]

Methodology & Writing Style

  1. According to the Sma, even though Maran shows astonishment regarding a certain Rishon's opinion, he still records it in Shulchan Aruch despite his question.[56] The Kenesset HaGedolah does not seem to assume this way, though. Ultimately, the Sdei Chemed[57] does insist that if something that Maran questioned in Beit Yosef is omitted from Shulchan Aruch, it is an indication of nonacceptance.[58]
  2. If Maran stipulates that something is only permissible given a certain parameter yet he himself elsewhere writes that that parameter isn't necessary, his intention here is just to say that with this additional factor everyone is lenient.[59]
  3. When Maran writes "דברי פלוני נראין," he concurs to rule stringently but not for that Posek's reasoning. Additionally, "ויש לאסור כסברא פלוני" means he rules that way and agrees with the reasoning, too.[60]
  4. Maran always records the ruling in the original articulation of the Posek it comes from, even if there is some difficulty in his language that may even have practical ramifications. Essentially, he leaves room to inject whatever explanation is given for that Posek's words to the ruling in Shulchan Aruch, as well.[61]

Stam veYesh (סתם ויש)

Table courtesy of Rabbi Jonathan Cohen[62]

כשהי"א לקולא כשהי"א לחומרא עיקר שיטה
יש אומרים צמח צדק (הקדמון)
ספק בנין ציון
סתם גט פשוט, יד מלאכי
יש להקל בהפסד מרובה סתם משאת בנימין, פרי חדש
יש להקל בדרנן בהפ"מ סתם לגמרי סתם ש"ך, (חוץ מהחי"א ויד מלאכי דמבינים דס"ל כרמ"ע מפאנו), הגר"ע יוסף
יש להקל בהפסד מרובה סתם לגמרי סתם חיד"א בדעת הש"ע (ע"פ הגר"ע יוסף)
סתם לגמרי (לא כ' לגבי דרבנן) סתם לגמרי סתם ב"ח, פר"מ, שמש ומגן (הגר"ש משאש)
סתם לגמרי סתם מהרי"ט, רמ"ע מפאנו (ע"פ חוות יאיר, אליה רבה, והגר"ע יוסף),

חוות יאיר, אליה רבה, ישיב משה

יש להקל בהפסד מרובה יש לחוש לי"א סתם כנסת הגדולה
יש לחוש לי"א סתם שלחן גבוה, רמ"ע מפאו (ע"פ היד מלאכי והגינת ורדים והחיד"א)
יש להקל בהפסד מרובה יש לחוש לכתחילה,

ומקילים כסתם במקום הפסד אפ' הפסד מועט

סתם חיד"א בדעת הש"ע (ע"פ הכה"ח ואור לציון),

כה"ח בדעת הש"וע ולהלכה גבי רה"ר, ואפשר שכן דעת האור לציון (הגרב"צ אבא שאול)

סתם לגמרי אפ' בהפמ"מ יש לחוש, ומקילן כסתם רק בהפ"מ סתם חיד"א להלכה מקבלת רבותיו, זב"צ, בא"ח, כה"ח, (ואפשר שכן דעת האור לציון)
יש לחוש, ומקילין כסתם רק בהפ"מ סתם הלכות קטנות בקבלה מרבותיו
  1. The Kenesset HaGedolah writes that Shulchan Aruch follows the Stam unequivocally and unabashedly and only presents the Yesh to give Kavod to the Rishon who maintains that position, unless indicated otherwise.[63] The Ginat Veradim says it's a dispensation to allow later Chachamim who invest themselves in the Halacha and come to the conclusion of the Yesh Omrim to follow it. Many Acharonim accept this Klal, including the Rama miFano, Bach, Shach, Pri Chadash, Beit David, Elyah Rabbah, Chelkat Mechokek, and Yad Malachi.[64]
  2. A Stam VeYesh that is reversed elsewhere, meaning the Stam here is the Yesh there and the Yesh here is the Stam there, leaves us uncertain how to proceed.[65]

Yesh veYesh (יש ויש)

See Tur#Stam vaYesh and Yesh veYesh

  1. There are three basic Shitot in Yesh veYesh (יש אומרים ויש אומרים): The Halacha follows the first, the second, or whichever one the Posek chooses.[66]
  2. "Yesh veYesh" means "Yesh Omrim X veYesh Omrim Y," but "Yesh vePloni," such as "Yesh Omrim X, veHaRambam Omer Y" would not qualify under this rule; rather, Maran is highlighting the opinion of a Yachid that we do not follow.[67] Some might argue that when both Yesh Omrim's begin with a vav - "veYesh Omrim X, veYesh Omrim Y" - the rule does not apply.[68]
  3. When Maran presents the first opinion in the plural "Yesh Omrim" (יש אומרים) and the second in the singular "Yesh Mi SheOmer" (ויש מי שאומר), the Ginat Veradim and Kenesset HaGedolah understand that he accepts the first position and is implying that the latter one is a Yachid.[69]
  4. If there's an added layer of distinction to be made, it will sometimes be appended as a Yesh Omrim to a Stam, not because it's a Machaloket but because the distinction wasn't exicit in the first opinion's presentation.[70]
  5. When Maran appends "ויש חולקים" to a Halacha, some say he means to disagree with the position he just presented and side with the Cholkim, while others disagree and say he would have written it as Yesh Omrim if that was the case.[71]
  6. Sma writes that Maran and the Rama use the phrase "Yesh Mi SheOmer" (יש מי שאומר) in the singular to introduce a Rishon's position that is accepted but not mentioned by anyone else. In other words, such formulations are not a Stam vaYesh or Yesh veYesh. The Kenesset HaGedolah and others accept this Klal, but the Yad Malachi[72] argues strongly, however, that this cannot always be true, given numerous contradictory examples. Therefore, he relegates the Sma's rule to be a general one that is true most but not all of the time. Finally, there are a number of Acharonim cited by the Yad Malachi who categorically reject this Klal, but the majority seem to indeed accept it, Chida[73] and Maamar Mordechai[74] included.[75] Some argue that this doesn't mean the Shulchan Aruch holds like that opinion; rather, we follow it because it's the only opinion known on the topic. If someone were to uncover more opinions on the matter, we would be ready to follow them if they were more compelling.[76]

Authorship

  1. A number of Acharonim, including the Maharikash, R' Shmuel Abuhab, and even Rav Chaim Vital claim or heard that Shulchan Aruch was written at the end of Rav Yosef Karo's life, which accounts for contradictions and inaccuracies that crept in. They claim either he wrote it himself and was weak and old, or students wrote it for him or on their own. The printing dates suffice to trounce this claim. The Maharitatz writes that the Shulchan Aruch was written for laymen and Amei HaAretz, which caused the Yad Malachi to call attention to the introduction to Shulchan Aruch where Maran writes exactly not so and to the testimonies of the Ginat Veradim and Kenesset HaGedolah to the grand acceptance of Shulchan Aruch. Some argue the proof from the Hakdama is invalid, as it could be referring to one who uses both Shulchan Aruch and Beit Yosef. In defense of Maran, the Chida[77] disputes the above claims as unfounded anathema. Shulchan Aruch was written by Maran himself with full cognition and intent for it to be used to decide Halacha. The Maamar Mordechai 38:4 defends the Maharitatz as being taken out of context.[78]

Notable Commentaries (Mefarshim / Nosei Kelim)

  1. Orach Chaim - Taz, also known as Magen David and Magen Avraham, together known as "Maginei Eretz."[79]
  2. Yoreh Deah - Shach and Taz, together known as "Ashlei Ravrevei,"[80] and Pri Chadash and Pri Toar, together known as Perot Ginosar.
  3. Even HaEzer - Chelkat Mechokek and Beit Shmuel, together known as "Apei Ravrevei."[81]
  4. Choshen Mishpat - Shach and Sma, who were both Kohanim, so editions of Choshen Mishpat with their commentary are known as "Torat Kohanim."[82]

She'elot u'Teshuvot

  1. Maran wrote responsa on all areas of Shulchan Aruch (see "Works No Longer Extant"). We have Avkat Rochel, which is a compilation of responsa to his contemporaries, such as the Alishich, Ramak, Mabit, and Radbaz.[83] and Shu"t Beit Yosef on Even HaEzer.

Maggid Mesharim

  1. Rav Yosef Karo had an angel, a Maggid, whose teachings he recorded in Maggid Mesharim. The story of how the Maggid was revealed to him one Leil Shavuot is recorded in the Sefer Shnei Luchot HaBrit (Aseret HaDibbrot, Masechet Shavuot, Ner Mitzvah s. v. Leharot).

Works Not Available to Rav Yosef Karo

  1. The Ra'ah's Bedek HaBayit was not available to Maran, but the Bach, Sma, and Maharsha did have it.[84] The Rashba's Mishmeret HaBayit was similarly unavailable to Maran.[85]
  2. Maran never saw Piskei or Chiddushei HaRiaz or Shiltei HaGibborim.[86]

Works No Longer Extant

  1. In addition to the aforementioned missing sections of Bedek HaBayit, Rav Yosef Karo wrote a commentary on those of Rashi and Ramban, a commentary on Mishnayot, and responsa on all four sections of Shulchan Aruch,[87] though we only have the Shu"t Beit Yosef on Even HaEzer today. The Chida saw the other sections of responsa in manuscript.[88]

Klalei HaRama

See the Rama page.

Further Reading

Sources

  1. This overview section is based heavily on the Darkei Horaah section of Orot HaTahorah, by Rav Zecharia ben Shlomo. It also appears in the back of his other Sefarim, Hilchot Tzava and Orot HaHalacha.
  2. See Yabia Omer (vol. 1 Yoreh De'ah 25), the end of Yechaveh Da'at (vol. 5), and the introduction to Taharat haBayit.
  3. Ohr LeTzion vol. 2 "Yesodot Darkei Horaah." This is also the primary approach of Rav Zecharia ben Shlomo
  4. Hakdama to Kitzur Shulchan Aruch with comments of Rav Mordechai Eliyahu. For a crisp and concise articulation of this approach, see Which Hacham/Rabbi Should Sephardim Follow? by Rabbi Ya'aqob Menashe.
  5. רב לכלל ישראל by HaRav Eliezer Melamed
  6. Hakdama to Darkei Moshe, Shu"t HaRama Siman 48 where he writes incredible accolades, such as "Nesi Elokim Atah beTocheinu"
  7. Hakdama to Chullin
  8. Peulat Tzaddik vol. 2 Siman 251. See Klalei Maharitz by Rav Yitzchak Ratzabi printed at the end of Shulchan Aruch HaMekutzar and maharitz.co.il. Similarly, Rav Ovadia (Yechaveh Daat vol. 1 Siman 27) argues Teimanim who move to Eretz Yisrael should accept the positions of the Shulchan Aruch, such as by reciting a Beracha on lighting Yom Tov candles.
  9. Hakdama to Shtilei Zeitim
  10. Revid HaZahav Siman 26, page 37
  11. See Iggerot Moshe Yoreh Deah vol. 3 Siman 117
  12. (great-grandfather of the contemporary one)
  13. Hakdama to Biur on Mishneh Torah, pages 21-22, our generation's Rav Kapach told HaRav Zecharia Ben Shlomo on more than one occasion that there are cases where they do not follow the Rambam
  14. Shem HaGedolim (Sefarim, Tet 17)
  15. See Beur Halacha 468 s.v. Vechumrei HaMakom
  16. Rav Chaim David HaLevi (Shu"t Aseh Lecha Rav vol. 7 Siman 4) defending Rav Ovadia (Shu"t Yechave Da'at 1:12) against a question by Rav Avraham Sherman (Niv HaMidrashia vol. 18-19 Iyyar 5745). He continues to point out that the Chazon Ish's illustration (Zeraim, Sheviit 23:5) of the Minhag evolving from the following Rambam, to the Shulchan Aruch, and then to Acharonim is only relevant to Ashkenazim, who dird not accept the Shulchan Aruch's rulings on themselves and their descendants, unlike the Sepharadim.
  17. Hakdama to Bedek HaBayit
  18. Shabbat 33b
  19. Shem HaGedolim (Sefarim, Tet 11)
  20. Yabia Omer vol. 9 Yoreh Deah 6:4, because we accepted Maran BeTorat Safek, not Vaday
  21. Shu"t Ohr LeTzion volume 2 page 12
  22. Shem HaGedolim (Sefarim, Tet 11)
  23. Shulchan Gavoah (Klalim Siman 13)
  24. Yad Malachi (Klalei HaKessef Mishneh 1-2)
  25. Shem HaGedolim (Sefarim, Maarechet Bet Ot 59, Maarechet Kaf Ot 50), Matnat Yado fn. 17. See Sdei Chemed (Klalei HaPoskim 13:28)
  26. Kenesset HaGedolah and Ginat Veradim cited in Yad Malachi (Klalei Shulchan Aruch 15)
  27. Maamar Mordechai 27:1
  28. See Shem HaGedolim vol. 2 Bedek HaBayit, Sdei Chemed Klalei HaPoskim 13:30, Shu"t Yabia Omer (vol 4 Orach Chaim 8:23, vol. 6 Chosen Mishpat 6:5, and vol. 9 Yoreh Deah 8:2
  29. Yad Malachi (Klalei Beit Yosef 42)
  30. Ein Zocher Lamed 14
  31. Shem HaGedolim (Sefarim, Chaf 24). Matnat Yado fn. 110. In fn. 111 he quotes the Ein Zocher (ibid) who writes how the Kenesset HaGedolah did the same.
  32. Pesachim 51a
  33. Hakdama to Beit Yosef
  34. Hakdama to Beit Yosef
  35. Yad Malachi (Klalei Beit Yosef 35)
  36. Yad Malachi (Klalei Beit Yosef 36)
  37. Yad Malachi (Klalei Beit Yosef 38)
  38. Yad Malachi (Klalei Beit Yosef 40)
  39. Yad Malachi (Klalei Beit Yosef 41)
  40. Yad Malachi (Klalei Beit Yosef 39), Shem HaGedolim (Gedolim, Yud 165; Sefarim, Bet 31)
  41. Yad Malachi (Klalei Beit Yosef 39)
  42. Beit Shmuel 15, Shach (Yoreh Deah 34), Elyah Rabbah 101:3, Birkei Yosef Yoreh Deah 286:2 and Orach Chaim 27:4 and 101, Shem HaGedolim (Sefarim, Bet 31) and Menachem Tzion ad loc., Sdei Chemed Klalei HaPoskim 14:9), Matnat Yado ad loc.
  43. Pitchei Teshuva Y.D. 163:3 citing the Chatom Sofer. Taz Y.D. 168:36 also implies this as the Shaar Deah 168:11 notes.
  44. Yad Malachi (Klalei Beit Yosef 37)
  45. Shem HaGedolim (Gedolim, Yud 165; Sefarim, Bet 31)
  46. Hakdama to Shulchan Aruch
  47. Sma Hakdama
  48. Shu"t Beit Yosef Even HaEzer Dinei Gittin Siman 4
  49. Sdei Chemed (Klalei HaPoskim 13:2)
  50. Chiddushei Aggadot Sotah 22a
  51. Pitchei Teshuva Yoreh Deah 242. Yad Malachi (Klalei Shulchan Aruch 1) and Matnat Yado ad loc.
  52. Yad Malachi (Klalei Shulchan Aruch 3)
  53. Minchat Yitzchak vol. 8 Siman 31 extends to Rama also.
  54. Yad Malachi (Klalei Shulchan Aruch 4) and Matnat Yado ad loc. See also Petach HaDevir vol. 4 Siman 339:4, Shu"t Rav Pe'alim (vol. 2 Siman 43), Shu"t Yabia Omer (vol. 3 Even HaEzer Siman 13:2, vol. 5 Orach Chaim Siman 39:4, vol. 6 Orach Chaim 24:2), Shu"t Yechaveh Daat (vol. 2 Siman 40, vol. 4 Siman 46 in the footnotes), Leviat Chen (Siman 40), Taharat HaBayit (vol. 1 Siman 2 page 58, vol. 2 Siman 13 page 377 and 427). Chief Rabbi of the Israeli Police Force and former rabbi of the Yishuv Talmon, Rav Rami Berachyahu delivers a clear treatment of this in Tal Livracha vol. 2 Siman 38 and concludes that many Acharonim agree with the Chida that the Halacha follows the Shulchan Aruch except for in three types of cases: the case is uncommon, the idea is obvious, or it's hinted to in another place. Of course, each instance requires its own investigation, though.
  55. Yad Malachi (Klalei Shulchan Aruch 5) and Matnat Yado ad loc.
  56. See Rav Berachot, Chukot HaChaim Siman 51, and Kol HaChaim Mem 62 where Rav Chaim Palagi and the Ben Ish Chai discuss this further.
  57. Sdei Chemed Klalei HaPoskim 13:4
  58. Yad Malachi (Klalei Shulchan Aruch 7), Matnat Yado fn. 25
  59. Yad Malachi (Klalei Shulchan Aruch 8)
  60. Yad Malachi (Klalei Shulchan Aruch 9)
  61. Yad Malachi (Klalei Shulchan Aruch 11)
  62. See his Sephardi Yoreh Deah Chabura - Taaruvot 98 - Stam VaYesh Part I, Part II, and Part III for a deeper understanding, plus source sheets.
  63. Yad Malachi (Klalei Shaar HaPoskim 17)
  64. Yad Malachi (Klalei Shulchan Aruch 17). See Sdei Chemed Klalei HaPoskim 13:8, Minchat Yitzchak 10:8.
  65. Yad Malachi (Klalei Shaar HaPoskim 18)
  66. The three positions are:
    1. Kenesset HaGedolah, Elyah Rabbah, and Beit David write that the Shulchan Aruch and Rama accept the second Yesh. Yad Malachi (Klalei Shulchan Aruch 13) has a bunch of problematic examples and suggests that it's only applicable where there is no decisive line at the end indicating which to follow. For example, if the Halacha follows the second approach, why does Maran sometimes append a "Hachi Mistavra" to the second Yesh? Isn't the Klal sufficient to inform us that he accepts that position? Why tell us that it's logical also? The Chida (Birkei Yosef Orach Chaim 273:8) elucidates that Maran doesn't rule based on his own intellect but rather by the majority of the Poskim's. The Klal indicates which position was accepted by the Gedolei HaPoskim, and the addendum of "Hachi Mistavra" means that Maran himseld also though it logical.
    2. Ginat Veradim interestingly posits you can choose.
    See Yafeh LeLev Orach Chayim vol. 1 159:6 who adds another challenging citation to the Yad Malachi's list, Petach HaDevir vol 3 pg 296 col 3, and Sdei Chemed (Klalei HaPoskim 13:14-15), as cited in Matnat Yado fn. 71.
  67. Yad Malachi (Klalei Shulchan Aruch 14
  68. Magen Avot Orach Chaim 422:2 fn. 308 s.v. Vegam.
  69. However, the Yad Malachi (Klalei Shulchan Aruch 15) feels the Kenesset HaGedolah eventually retracted his position in his Klalim, while others argue that he misunderstood the second Klal and there was never a retraction (Matnat Yado ad loc.). It's noteworthy how Maran presents a Yesh Omrim veYesh Mi SheOmer in Choshen Mishpat 213 and the Chida (Birkei Yosef Orach Chaim 561) treats it like a regular Yesh veYesh.
  70. Yad Malachi (Klalei Shulchan Aruch 6)
  71. Yad Malachi (Klalei Shulchan Aruch 10)
  72. Yad Malachi (Klalei Shulchan Aruch 12)
  73. Birkei Yosef Orach Chaim 672:1, Machzik Bracha Yoreh Deah 83:16
  74. Ma'amar Mordechai 273:1
  75. Matnat Yado fn. 55, 58<. See also Sdei Chemed (Klalei HaPoskim 13:22), Yabia Omer (vol. 2 Orach Chaim 4:3), and Elkabetz (Aflalo, vol. 1 Even HaEzer 1)
  76. Rav Bentzion Cohen in Ohr Torah (Av-Elul 5753, Siman 167, page 502)
  77. Shem HaGedolim (Sefarim, Shin 75)
  78. Yad Malachi (Klalei Shulchan Aruch 2), Matnat Yado ad loc
  79. Shem HaGedolim (Sefarim, Tet 16), HebrewBooks
  80. Shem HaGedolim (Sefarim, Tet 16), HebrewBooks
  81. Shem HaGedolim (Sefarim, Bet 75, Chet 89), HebrewBooks
  82. Shem HaGedolim (Sefarim, Mem 158) and Menachem Tzion ad loc fn. 105, HebrewBooks
  83. Shem HaGedolim (Sefarim, Aleph 13)
  84. Yad Malachi (Klalei HaTur 15), Shem HaGedolim (Gedolim, Shin 19)
  85. Shem HaGedolim (Gedolim, Shin 19)
  86. Yad Malachi (Klalei Shear HaMechabrim 44), Birkei Yosef Orach Chaim 188:2, Shem HaGedolim (Sefarim, Shin 76)
  87. Hakdama to Shu"t Beit Yosef (Even HaEzer)
  88. Shem HaGedolim (Gedolim, Yud 165)