|
|
| (121 intermediate revisions by the same user not shown) |
| Line 1: |
Line 1: |
| == Overview == | | == Overview == |
| In order to be privy to the nuances and mindsets of the Poskim, it is advantageous to understand the Klalim relevant to the Poskim, from the two Talmuds through the Rishonim to the Shulchan Aruch. The Machon Yerushalayim edition of the Yad Malachi is particularly helpful for this, as the Yad Malachi is fantastic for collecting all the ideas mentioned throughout Halachic literature and the footnotes add many additional sources from those who came before and after him, as well as direct quotations of sources. | | In order to be privy to the nuances and mindsets of the Poskim, it is advantageous to understand the Klalim relevant to the Poskim, from the two Talmuds through the Rishonim to the Shulchan Aruch. The Machon Yerushalayim edition of the Yad Malachi is particularly helpful for this, as the Yad Malachi is fantastic for collecting all the ideas mentioned throughout Halachic literature and the Matnat Yado footnotes add many additional sources from those who came before and after him, as well as direct quotations of sources. |
| ==Safrut Chazal: Talmud Bavli and Yerushalmi, Tosefta, and Zohar ==
| |
| === Differences Between the Yerushalmi and Bavli ===
| |
| # Since the Talmud Bavli was written after the Talmud Yerushalmi, its codifiers were able to filter out the points they didn't think were accepted. As such, when the two contradict, we follow the Talmud Bavli, and some say we should never even be concerned for the Yerushalmi's statements altogether for this reason.<ref>Yad Malachi (Klalei Shnei HaTalmudim 1). See Maharatz Chayut Taanit 16a, Darkei Horaah vol. 2, Imrei Binah Siman 2 in the Hagah, Pachad Yitzchak "Gemara Bavlit"</ref>
| |
| # The Halacha follows the Bavli over the Yerushalmi wherever they disagree, but, if the Yerushalmi discusses a ''Halacha'' not mentioned in the Bavli, the Halacha follows the Yerushalmi. If it's a ''distinction'' not mentioned in the Bavli, then there's a strong argument to say the Bavli's omission is an indication of disagreement.<ref>Yad Malachi (Klalei Shnei HaTalmudim 4). The Beit Yosef's position on this matter needs further elaboration.</ref>
| |
| # The Rosh<ref>Shu"t HaRosh 4:10</ref> writes how we only follow the Bavli over the Yerushalmi with respect to Halachot, such as Tuma veTaharah, Issur veHetter, Chiyuv and Pettur, but not things that are Tzorech Hashaah and have no ramifications on Dinei HaTorah. Those are subjective to the time, place, and needs of the people. Similarly, the Rashbesh <ref>Shu"t HaRashbesh Siman 251</ref> says that with respect to Minhagim, we would follow the Yerushalmi.<ref>Yad Malachi (Klalei Shnei HaTalmudim 5)</ref>
| |
| # If two approaches are offered in the Bavli and only one of them appears in the Yerushalmi, the Halacha follows that approach.<ref>Yad Malachi (Klalei Shnei HaTalmudim 8)</ref>
| |
| # The Rishonim observe that the Yerushalmi in our possession is corrupt and enigmatic. At most, one person in a generation can crack its meaning.<ref>Yad Malachi (Klalei Shnei HaTalmudim 6)</ref> If a Baraita is quoted slightly differently in the Bavli from the way it's quoted in the Yerushalmi, the Ohr HaChaim claims one can accept the Yerushalmi's version and label the Baraita in the Bavli as Meshabeshta (corrupt). The Yad Malachi takes issue with this approach, in light of the general issue of textual obstacles in reading the Yerushalmi and the Tashbetz's claim that said even the girsa of the Yerushalmi is unreliable, not just the Halachot.<ref>Yad Malachi (Klalei Shnei HaTalmudim 7). See footnote 35 who writes that the Ohr HaChaim meant his statement only when there's no discussion of the Baraita in the Bavli. See Maharatz Chayut in Tiferet LeMoshe Chapter 3 and Sukkah 41b.</ref>
| |
|
| |
|
| === Differences Between Other Sefarim ===
| | A number of these Klalim, such as Stam vaYesh and Yesh veYesh have much import in understanding many of the Rishonim, though the idea is only written out under the heading of one of them. |
| # When the Talmud and Zohar contradict, the Radbaz<ref>Shu"t HaRadbaz Siman 1111</ref> is well known for positing that one should follow the Talmud and Poskim.<ref>Yad Malachi (Klalei Shnei HaTalmudim 1), See Kenesset HaGedolah (Klalei HaPoskim 1), see Radbaz (Siman 1151), Chacham Tzvi vol. 1 Siman 36, Magen Avraham 25:20, Shaarei Teshuvah (Orach Chaim 25:14), Shulchan Aruch HaRav Orach Chaim 25:28, Kaf HaChaim (Orach Chaim 25:75), Sdei Chemed (Klalei HaPoskim 2:12), Shu"t Afarseka deAnya 2:101, Keter Rosh at the end Siman 15, Mishnah Berurah 3:11, Yabia Omer (vol. 2 Orach Chaim 25:12), [http://www.hebrewbooks.org/pdfpager.aspx?req=14520&pgnum=23 Tzitz Eliezer (vol. 21 Siman 5)], Gevurat HaAri (R' Yaakov Hillel), Kuntress Yirat HaHoraah by Rav Reuven Yissachar Nissan (page 95, printed in the back of the new Mekavtziel of the Ben Ish Chai)</ref>
| |
| # When faced with a contradiction between the Yerushalmi and the Tosefta, the Rambam generally sides with the Yerushalmi. The Kessef Mishneh (Hilchot Maaser Sheni 1:10) explains that the authenticity of our set of Toseftas is questionable: they may not be the same Toseftas compiled by Rav Chiya and Rav Oshiya.<ref>For more on the authenticity of our Toseftas, see Kessef Mishneh (Hilchot Teshuvah 4:1), Berit Olam on Sefer Chassidim Siman 19, [https://www.otzar.org/wotzar/book.aspx?103473&pageid=Y0019 Mishnat Rabbi Yaakov (Introduction to the Tosefta, 7:3, page 20)], and Klalei HaGemara (Sha'ar 1 Perek 1 Ot 2).</ref> The Peri Chadash (Orach Chaim Siman 450) adds that it's based on the Yerushalmi's later date of redaction. The Radbaz thinks the Rif takes the side of the Tosefta in such instances, while the Sdei Chemed thinks not so.<ref>Yad Malachi (Klalei Shnei HaTalmudim 3)</ref>
| |
|
| |
|
| == Geonim ==
| | The Chida writes how important it is to learn the chronological/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> |
| # The term "Geonim" generally refers to those who lived between the Savoraim and the Rif, though the institution of Geonim did extend beyond then. Some say that the term Gaon is short for "Rosh Yeshivat Gaon Yaakov,"<ref>https://www.jewishvirtuallibrary.org/gaon</ref> while others claim it was reserved for those who were experts in all sixty Masechtot of Shas, corresponding to the Gematria of גאון.<ref>Yad Malachi (Klalei HaGeonim 1)</ref>
| |
| # The monograph on Hilchot Tefillin from the times of the Geonim is claimed by some to be super authoritative, as "the words of the Geonim are tradition" (דבריהם דברי קבלה) in that they had access to the first edition of Talmud Bavli, which was clearer than ours. At the same time, a number of Rishonim poke holes in the work and argue it shouldn't be followed when it contradicts Talmud Bavli.<ref>Yad Malachi (Klalei HaGeonim 2)</ref>
| |
| == Bahag (Ba'al Halachot Gedolot) ==
| |
| # Often times, the Rishonim will disagree with the Bahag but conclude in favor of his ruling anyway, even if it's illogical, because "Devarav Divrei Kabbalah Hem." Because of the tradition stemming from the Amoraim, through the Savoraim, to him, the Bahag is granted special authority when the Gemara does not explicitly say otherwise; however, if the Rishonim feel the Gemara contradicts his words, then they freely disagree in practice, as well.<ref>Yad Malachi (Klalei Bahag 3)</ref>
| |
| # The Rishonim are uncertain if the Halachot Gedolot was authored by Rav Yehudai Gaon, who was blind, or by Rav Shimon Kayyara. Illogical rulings could be pinned on the former's students misinterpretation of their rebbe's words when writing his sefer. Some say Rav Shimon Kayyara wrote Halachot Gedolot, and Rav Yehudai Gaon wrote a different sefer known as Halachot Pesukot, while others claim they each wrote a sefer called Halachot Gedolot.<ref>Yad Malachi (Klalei Bahag 4). There is also much to say in the realm of academic scholarship on this topic.
| |
| See the [https://en.wikipedia.org/wiki/Halachot_Gedolot Wikipedia page] for more sources.</ref>
| |
|
| |
|
| ==Rif== | | ==Safrut Chazal == |
| === Practical Focus ===
| | * [[Talmud Bavli and Yerushalmi]] |
| The Rif generally quotes only relevant passages of the Gemara and leaves out points that aren't accepted at the end of the sugya. That said, there are some exceptions to be aware of.
| | * [[Tosefta]] |
| # Even though the Rif generally only records Halachot that are relevant nowadays, for example, to the exclusion of Kodashim, if a Halacha that is generally relevant has a detail that is not, he will write the entire Halacha including the detail. Moreover, if there is some relevant Halacha or Chiddush to derive from the irrelevant Halacha, then that Halacha will be included, as well.<ref>Yad Malachi (Klalei HaRif 7)</ref>
| | * [[Midrashim]] |
| # If a din that does not appear to be subject of debate in the Gemara is only recorded partially in the Rif, it's an indication that the Rif holds the omitted segments are not accepted in practice.<ref>Yad Malachi (Klalei HaRif 16)</ref>
| | * [[Zohar]] |
| # Periodically, the Rif will quote a Tosefta by opening with Tanu Rabbanan, because the end of that Tosefta is quoted in the Gemara.<ref>Yad Malachi (Klalei HaRif 11)</ref>
| | * [[Sefarim HaChitzonim]] |
| # When the Gemara presents two Baraitot that each derive the same Halacha but from different sources (Tanya and Tanya Idach), the Rif will quote both.<ref>Yad Malachi (Klalei HaRif 12)</ref>
| |
| # However, some say he will not quote a Baraita that is not in line with the accepted Halacha.<ref>Yad Malachi (Klalei HaRif 9)</ref>
| |
| # If the Gemara presents an answer that unanimously resolves a difficulty in the Mishna but then continues to present additional resolutions from other Amoraim, which we would assume like in practice, the Rif will still quote the unanimously agreeable upon answer, even if it's not LeHalacha.<ref>Yad Malachi (Klalei HaRif 21)</ref>
| |
| # The Be'er Sheva advises one to not be surprised if the Rif omits the okimta of the Gemara in favor of his own original understanding, as he rathers to minimize Machaloket than quote the Gemara. The Yad Malachi argues lengthily against this approach and posits that the Rif merely omits Gemaras he feels to not be Aliba deHilcheta. The Rif and Rambam aren't Amoraim who have the ability to decide unresolved issues in the Gemara!<ref>Yad Malachi (Klalei HaRif 6)</ref>
| |
| # Similar to the rule of Stam vaYesh in reading Shulchan Aruch, when the Rif states that the Halacha follows a certain ruling but there are those who disagree, he intends to rule like the former and is only sharing the latter to transmit the rulings of earlier generations.<ref>Yad Malachi (Klalei HaRif 5)</ref>
| |
| # Unless explicitly stated by the Rif that one should be stringent, the assumption is that a lenient approach is taken with unresolved inquiries of the Gemara (Tiku)<ref>Yad Malachi (Klalei HaRif 8)</ref>
| |
| # Similar to Rashi, the Rif will only explain a Halacha with the words כלומר or פירוש to offer specifically this interpreation over a possible alternative one that would be subject to some question.<ref>Yad Malachi (Klalei HaRif 19)</ref>
| |
| === Rav Hai Gaon ===
| |
| # "The Gaon" in the Rif's jargon most probably refers to Rav Hai Gaon.<ref>Yad Malachi (Klalei HaRif 14). See Shem HaGedolim Maarechet Sofrim Kuntress Acharon Gimmel 2 and Sdei Chemed Klalei HaPoskim 3:7.</ref>
| |
| # When the Rif cites a ruling of Rav Hai Gaon without explicitly agreeing with it, the Raavad and Rosh believe that he is disagreeing, while the Rashba argues he is agreeing since he didn't state otherwise. The Yad Malachi finds that the Rashba is more logical, a great number of Rishonim side with him on this matter, and the former opinion isn't so clear in the first place.<ref>Yad Malachi (Klalei HaRif 13). This is related to general din of Omer Davar Beshem Omro holds that way unless stated otherwise, see Yad Malachi (Klalei HaTalmud Vav 245)</ref>
| |
| # After presenting a Machaloket, if the Rif concludes with citing Rav Hai Gaon as taking a certain side, that would indicates he agrees with that side, as well.<ref>Yad Malachi (Klalei HaRif 15)</ref>
| |
| === Misc. ===
| |
| # There is controversy regarding the reliability and authorship of the Rif's responsa.<ref>Yad Malachi (Klalei HaRif 17)</ref>
| |
| # Rabbeinu Yitzchak ben Yaakov Alfasi, the Rif, had a grandson, Rav Yitzchak ben Reuven, who is known as the Baal HaShe'arim. Some Poskim weren't aware of this and mistakenly posed contradictions between the writings of the two.<ref>Yad Malachi (Klalei HaRif 20)</ref>
| |
|
| |
|
| == Rambam == | | ==Klalei HaRishonim== |
| === General ===
| | Some Rishonim are know by the same acronym, which can be confusing. See [[Disambiguations of Rishonim]] for clarification. |
| # The Maharashdam believes that since the Rambam saw the other opinions on each issue and still decided the way we did, we should follow his rulings (analogous to the Radbaz and the Rif).<ref>Yad Malachi (Klalei HaRambam 27)</ref> On the other hand, a number of Ashkenazi authorities feel that the Rambam is a minority in the face of the Baalei HaTosafot.<ref>Yad Malachi (Klalei HaRambam 28)</ref>
| | {| class="wikitable" |
| # One cannot pose questions from Tosafot's logic against the Rambam. Gavra aGavra KaRamit?!<ref>Yad Malachi (Klalei HaRambam 8)</ref>
| | | [[Geonim]] |
| # The Rivash and Rosh warn that one who attempts to rule on practical matters solely from Mishneh Torah without understanding its Talmudic context will likely mistake Assur for Muttar and Muttar for Assur, thinking he understands the material. At the same time, the Rambam's explicit intention was to write the Halacha so clearly that one need not be bogged down by the confusing Sugya and need only Mishneh Torah to know how to act, so some Acharonim, such as the Ohr HaChaim and Baal HaTanya are less concerned. While that is true, the Rambam himself explains in a letter that he did so for people for whom understanding the Gemara was beyond their reach.<ref>Shu"t HaRivash (Siman 144), Shu"t HaRosh (Klal 31 Siman 9), Rishon LeTzion (Berachot 60a, Sukkah 12b), Yad Malachi (Klalei HaRambam 20), Shulchan Aruch HaRav (Kuntress Acharon Hilchot Talmud Torah Perek 2), Iggerot HaRambam (Shilat Edition, page 439)</ref>
| | | [[Rashi]] |
| # Seldom does the Rambam disagree with the Rif, so one should not assume so unless there are already a great number of Rishonim for him to side with.<ref>Yad Malachi (Klalei HaRambam 29)</ref>
| | | [[Maharam Rutenberg]] |
| | | [[Ramban]] |
| | | [[Tosafot Rid|Tosfot Rid]] |
| | |- |
| | | [[Baal Halachot Gedolot]] ([[Bahag]]) |
| | | [[Tosafot|Tosfot]] |
| | | [[Rosh]] |
| | | [[Ra'ah]] |
| | | [[Riaz]] |
| | |- |
| | | [[Rif]] |
| | | [[Sefer HaTerumah]] |
| | | [[Tur]] |
| | | [[Rabbeinu Yonah]] |
| | | [[Shiltei HaGibborim]] |
| | |- |
| | | [[Rambam]] |
| | | [[Baal HaIttur]] |
| | | [[Rabbeinu Yerucham]] |
| | | [[Rashba]] |
| | | [[Maharik]] |
| | |- |
| | | [[Raavad]] |
| | | [[Rash MiShantz]] |
| | | [[Mordechai]] |
| | | [[Ritva]] |
| | | [[R' Ovadia MiBartenura]] |
| | |- |
| | | [[Baal HaMaor]] |
| | | [[Sefer Mitzvot Gadol]] ([[Samag|Smag]]/[[Semag]]) |
| | | [[Hagahot Maimoniot]] |
| | | [[Ran]] |
| | | [[Maharil]] |
| | |- |
| | | [[Ra'avan]] |
| | | [[Ra'avyah]] |
| | | [[Hagahot Ashri]] |
| | | [[Nimukei Yosef]] |
| | | [[Kol Bo]] |
| | |- |
| | | [[Rabbi Eliezer MiMitz]] |
| | | [[Sefer HaTerumot]] |
| | | |
| | | [[Maggid Mishneh]] |
| | | [[Terumat HaDeshen|Trumat HaDeshen]] |
| | |- |
| | | |
| | | [[Meiri]] |
| | | |
| | | [[Migdal Oz]] |
| | | [[Orchot Chaim]] |
| | |- |
| | | |
| | | |
| | | |
| | | [[Rivash]] |
| | | |
| | |- |
| | | |
| | | |
| | | |
| | | [[Tashbetz]] |
| | | |
| | |} |
|
| |
|
| === Mishneh Torah === | | ==Klalei HaAcharonim== |
| ==== General Approach ==== | | * [[Shulchan Aruch and Rama]] |
| # In Mishneh Torah, the Rambam focuses on relaying rulings explicated in the Gemara in a lucid way, while leaving out rulings that can only be inferred but aren't stated explicitly.<ref>Yad Malachi (Klalei HaRambam 2)</ref>
| | * [[Radbaz]] ([[Rav David ben Zimra]]) |
| # The Rambam's style is to write only what it says in the Gemara and not the interpretation, but his intention is to for the interpretation of the Gemara to be applied to his words, as well, though some disagree.<ref>Yad Malachi (Klalei HaRambam 24)</ref>
| | * [[Maharikash]] ([[Rav Yaakov Kastro]]) |
| # It's abnormal for the Rambam to omit a din dealt with explicitly in the Talmud and instead write a different idea not mentioned in the Talmud that implies the one mentioned explicitly.<ref>Yad Malachi (Klalei HaRambam 35)</ref>
| | * [[Binyamin Ze'ev]] |
| # Counts of the number of Perakim, Halachot, Mitzvot, etc are provided in Mishneh Torah to facilitate memorization, not to imply additional ideas.<ref>Introduction to Mishneh Torah, Yad Malachi (Klalei HaRambam 34)</ref>
| | * [[Kenesset HaGedolah]] |
| # The Rambam will rule like a Halacha found in the Sifrei if it's not contradicted by the Talmud.<ref>Yad Malachi (Klalei HaRambam 9)</ref>
| | * [[Mishneh LeMelech]] |
| # Every word of the Rambam is written with tremendous precision and exactness, enough for one to infer from his words as one would from the Gemara itself.<ref>Yad Malachi (Klalei HaRambam 3)</ref> Similarly, the Maharalbach warns that one shouldn't rush to reject the Rambam for coming off as against the Gemara, but should rather pin the in-congruence on our own lack of understanding.<ref>Yad Malachi (Klalei HaRambam 26)</ref>
| | * [[Chelkat Mechokek]] |
| # One cannot infer from the presentation of a ruling in one section of Mishneh Torah and its absence in another seemingly appropriate section that it only applies in one and not the other, as the Rambam's goal is to present the Talmud's rulings in their wording in their appropriate place. For example, a Halacha in Terumot that might also fit in Maachalot Assurot cannot be assumed to only apply in Terumot and not Maachalot Assurot given its presence in the former and absence in the latter. This is, however, a valid tool in reading other Poskim, such as the Tur.<ref>Yad Malachi (Klalei HaRambam 5)</ref>
| | * [[Lechem Mishneh (on the Rambam)]] |
| | | * [[Magen Avraham]] |
| ==== Writing Style ====
| | * [[Taz]] |
| # The word Assur is used even when referring to Dinim MiDeoraita that would warrant Malkot.<ref>Yad Malachi (Klalei HaRambam 10)</ref>
| | * [[Chida]] ([[Rav Chaim Yosef David Azoulay]]) |
| # "MiPi HaShmua" refers to a Halacha whose source is not explicit in the Torah,<ref>Yad Malachi (Klalei HaRambam 39)</ref> and "MiPi HaKabbalah" refers to Halachot learned from Pesukim in Neviim.<ref>Yad Malachi (Klalei HaRambam 40)</ref>
| | * [[Chesed LeAlafim]] |
| # The term "MiDivrei Sofrim" can refer to Dinim MiDeRabbanan, as well as any Din MiDeoraita not stated explicitly in the Torah, such as one derived via the thirteen Middot, because without the Chachamim it would not be understood.<ref>Yad Malachi (Klalei HaRambam 7)</ref>
| | * [[Mishnah Berurah|Mishnah Brurah]] |
| # Consistently marking each Din as a Gezeirah or Halacha LeMoshe MiSinai is not a priority for the Rambam: sometime he mentions the Din's classification, while other times he does not.<ref>Yad Malachi (Klalei HaRambam 30)</ref>
| | * [[Moroccan Halacha]] |
| # The Rivash argues that the Rambam will refer to a Takkanat Chachamim as "Torah," such as in "Lo Hikpida Torah" in reference to the Ne'emanut of an Ed Echad, while others disagree.<ref>Yad Malachi (Klalei HaRambam 19)</ref>
| |
| # When the Gemara presents more specific arguments predicated on accepting one of two possible assumptions - "Im Timtzi Lomar" - the Geonim and Rambam understand that the Halacha assumes like that assumption.<ref>Yad Malachi (Klalei HaRambam 13)</ref> Some say this is only true if the Gemara did not leave the very same uncertainty pending with a "Tiku" elsewhere, while others argue the opposite.<ref>Yad Malachi (Klalei HaRambam 14)</ref> The two levels of the Im Timtzi Lomar cannot be interchangeable, meaning if assuming A over B and then asking C over D is equivalent to assuming C over D and then asking A over B, this rule does not apply for the Rambam.<ref>Yad Malachi (Klalei HaRambam 15)</ref> The words must also be explicit in the text of the Gemara, so two subsequent questions, one building on the previous, would not be subject to this rule.<ref>Yad Malachi (Klalei HaRambam 16)</ref> The Poskim dispute if this is only true when the Amora in the Gemara himself uses these words to navigate the situation or if it's even true when the omniscient narrator of the Sugya does so externally of the Amora's words. <ref>Yad Malachi (Klalei HaRambam 18)</ref>
| |
| # If the Gemara presents two opposite understandings and then rejects one, the Rambam will formulate it in a way that accepts the accepted one and implies the rejection of the rejected one.<ref>Yad Malachi (Klalei HaRambam 31)</ref>
| |
| # Often times, answers presented in the Gemara in rejection of a difficulty are omitted by the Rambam in favor of the simple meaning of the Mishnah, Baraita, or Amoraic statement.<ref>Yad Malachi (Klalei HaRambam 33)</ref>
| |
| # It is not uncommon for the Rambam to pin a ruling on a Pasuk not mentioned in or even rejected by the Gemara, because he felt it to be simpler or more acceptable, especially if there's no practical difference.<ref>Yad Malachi (Klalei HaRambam 4). See the Shut Rama MiFano Siman 108 he cites who says that the Rambam will often present a ruling borrowing the wording of one opinion but adjust it to match the other.</ref>
| |
| # In a few places, the Rambam employs a Talmudic phrase to mean something different from what it does in the Talmud.<ref>Yad Malachi (Klalei HaRambam 38)</ref>
| |
| | |
| ==== Connections to Other Works ====
| |
| # Though the Rambam never relies in Mishneh Torah on what he already wrote in Peirush HaMishnayot, he does rely on what he wrote in earlier sections of Mishneh Torah, and perhaps even later ones, or, at least, in that chapter.<ref>Yad Malachi (Klalei HaRambam 6, 37)</ref>
| |
| # When a contradiction is found between the Perush HaMishnayot and the Mishneh Torah, the Halacha follows Mishneh Torah, which was written later and as a set of rulings, not a set of elucidations of the Mishnah.<ref>Yad Malachi (Klalei HaRambam 1)</ref>
| |
| | |
| === Sefer HaMitzvot ===
| |
| # The focus of Sefer HaMitzvot is not to determine which Mitzvot are part of the 613, not to present a comprehensive of accurate representation of their Halachot and details. Therefore, when studying Sefer HaMitzvot, questioning the count of Mitzvot is wholly acceptable, but questioning the details of the Mitzvot is not. The Mishneh Torah was written to address those details, and, even if there are distinct differences, it's always possible that he changed his mind over time.<ref>Yad Malachi (Klalei HaRambam 23)</ref>
| |
| # There's a debate regarding if specific Rishonim such as the Samag, Maggid Mishneh, and Migdal Oz saw the Sefer HaMitzvot, as it wasn't translated from Arabic to Hebrew for some time. Later Acharonim culled lists of instances in which each of them cites the Sefer HaMitzvot to dispel those claims.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 51) and footnotes there.</ref>
| |
| | |
| === Perush HaMishnah ===
| |
| # In Perush HaMishnayot, wherever there is an opinion that misleadingly seems to be the minority one but is, in fact, the one the Halacha follows, the Rambam will buttress that opinion by writing of its truth or singularity or the like to indicate that the Halacha does indeed follow it.<ref>Yad Malachi (Klalei HaRambam 36)</ref>
| |
| # Sometimes our translation of Perush HaMishnayot will refer to a din as being MiDeRabbanan, but it's probably just a mistaken translation of "MiDivrei Sofrim."<ref>Yad Malachi (Klalei HaRambam 22)</ref>
| |
| # The Ramban did not have the Introduction to Perush HaMishnayot available to him, as Hebrew translations of the Arabic were not yet available in Spain, according to the Yad Malachi, who posits that had they been available, the Ramban would not have been as quick to argue.<ref>Yad Malachi (Klalei HaRambam 21)</ref>
| |
| | |
| ==Ra'avad==
| |
| # In a dispute between the Rambam and Ra'avad, some argue the Halacha should be treated as a Safek, while others favor the Ra'avad when he is more stringent than the Rambam, and still others are willing to be lenient like the Ra'avad against the Rambam.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 41)</ref>
| |
| # When the Ra'avad presents a dissenting opinion with the opening of "Yesh Mi SheOmer," the Tur seems to think he actually paskens that way, but the Beit Yosef does not.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 42)</ref>
| |
| # In his inimitable style, the Ra'avad's critiques of the Rambam should not be seen as personal attacks to belittle the Rambam but rather as means of raising the red flag to warn people not to follow the rulings he felt the Rambam was mistaken in presenting.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 42)</ref>
| |
| # Neither the Rambam's Perush HaMishnayot nor Moreh Nevuchim were present before the Ra'avad, as they had not yet been translated from Arabic to Hebrew.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 43, 44)</ref>
| |
| # "Gedolei HaMefarshim" and "Gedolei HaMagihim" refer to the Ra'avad.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 45)</ref>
| |
| | |
| == Sefer Mitzvot Gadol (Semag / Samag) ==
| |
| # When quoting the Gemara, the Samag will often paraphrase to make the language flow more quickly.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 52)</ref>
| |
| # The Samag draws heavily from the Rambam for the most part<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 46)</ref> and entirely from his teacher, the Sefer HaTerumah, whose Maftechot he copied letter for letter.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 47)</ref> When in agreement with the Rambam, he writes so implicitly, and he only disagrees when out-rightly quoting the Rambam by name.<ref>So much so that the Sdei Chemed is willing to use the Samag to ascertain the correct text of the Rambam when the former doesn't disagree with the latter explicitly. Yad Malachi (Klalei HaRambam Ra'avad veSamag 48) and footnotes there.</ref>
| |
| # At the same time, most of his words are based on the Tosafot Shanz, and, for some reason, he does not seem to have seen the Tosafot Tuch.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 50)</ref>
| |
| # The Bach says the Samag's way is to rule like the Ri Baal HaTosafot.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 46)</ref>
| |
| # There's a debate if the Samag saw the Rambam's Sefer HaMitzvot or parts of it.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 51) and footnotes there</ref>
| |
| | |
| ==Rashi==
| |
| # Whenever Rashi uses the words כלומר he is offering that particular interpretation where one would have been able to offer an alternative one.<ref>Pri Toar Yoreh Deah 21:2, Matnat Yado on Yad Malachi Klalei HaRif fn. 104</ref>
| |
| | |
| ==Tosafot==
| |
|
| |
|
| == Further Reading == | | == Further Reading == |
| * Yad Malachi, especially the Machon Yerushalayim annotated edition | | * Koreh HaDorot, Ahavat Shalom edition with footnotes of the Chida |
| * Shem HaGedolim | | * Kenesset HaGedolah, Klalei HaPoskim |
| * Ein Yitzchak, by Rav Yitzchak Yosef | | * 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] |
| ==Sources== | | * Yair Ozen / Ein Zocher, by the Chida |
| <references/>
| | * Shem HaGedolim, by the Chida |
| | * Kol HaChaim, by Rav Chaim Palagi |
| | * Sdei Chemed, Klalei HaPoskim (in some editions, vol. 6, page 55, and [http://www.hebrewbooks.org/pdfpager.aspx?req=14151&st=&pgnum=123 vol. 9, page 125] in others) |
| | * [http://www.hebrewbooks.org/56802 Ein Yitzchak vol. 1], by Rav Yitzchak Yosef |
| | * על ספרים וסופרים by Rav Yaakov Chaim Sofer, Rosh Yeshivat Kaf HaChaim and grandson of the Kaf HaChaim [Parts [http://www.hebrewbooks.org/pdfpager.aspx?req=46425&st=&pgnum=685 I], [http://www.hebrewbooks.org/pdfpager.aspx?req=46426&st=&pgnum=667 II], [http://www.hebrewbooks.org/pdfpager.aspx?req=53557&st=&pgnum=886&hilite= III]] |
| | == Sources== |
| | {{Reflist}} |
| | [[Category:Rules for Determining Halacha]] |
