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#'''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> | #'''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> | ||
#'''Chacham Ben | #'''Chacham Ben Tziyon 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> | ||
#'''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> | #'''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> | ||
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#Therefore, I decided to use the three pillars of Halacha upon which the entire Jewish nation is supported - the [[Rif]], [[Rambam]], and [[Rosh]]. | #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. | #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. | #If one of the three did not reveal his opinion, then we'll follow the majority of the eminent Chachamim who did voice an opinion on the matter.<ref>Or Letzion (Introduction to volume 2) writes that if there's a machloket Rosh and Rambam and the Rif did not voice an opinion we follow the Rambam. However, [https://torahanytime.com/lectures/288674 Rav Yitzchak Yosef (Mikra Megillah 5784, min 20-21)] argues that even if it is a machloket Rosh and Rambam, we follow the majority of the rishonim as the Bet Yosef writes in his introduction. </ref> | ||
#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> | #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> | ||
He received much push back from Ashkenazi Poskim for his approach, but it is evident that he did not formulate it himself. Rather, he was working with a pre-existing tradition according to some.<ref>See Birkei Yosef (Choshen Mishpat 25:29) and the discussion on the [[Moroccan_Halacha#Shulchan_Aruch|Moroccan Halacha]] page</ref> | He received much push back from Ashkenazi Poskim for his approach, but it is evident that he did not formulate it himself. Rather, he was working with a pre-existing tradition according to some.<ref>See Birkei Yosef (Choshen Mishpat 25:29) and the discussion on the [[Moroccan_Halacha#Shulchan_Aruch|Moroccan Halacha]] page</ref> | ||
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#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 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). Rama Y.D. 286:1 implies he didn't see the Bedek Habayit as the Birur Halacha notes.</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. Sama 35:10 and 92:20 implies he didn't have the bedek habayit.</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.</ | #The [[Rama]] didn't see the Bedek HaBayit,<ref>Yad Malachi (Klalei Beit Yosef 39). Rama Y.D. 286:1 implies he didn't see the Bedek Habayit as the Birur Halacha notes.</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. Sama 35:10 and 92:20 implies he didn't have the bedek habayit.</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. This is also implied from Taz (Daf Acharon Y.D. 94:5 regarding nat by nat lechatchila).</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> | #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), Shu"t Yosef Ometz 69)</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), Shu"t Yosef Ometz 69)</ref> | ||
