Terumat HaDeshen: Difference between revisions

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=Klalim=
# R' Yisrael Isserlein's halachic opinion was held in high regard by the Acharonim who followed him a couple generations later.<ref>Get Pashut 129:127 s.v. ולא"ד, Shem HaGedolim (Gedolim, Yud 402)</ref>
# Although the Terumat HaDeshen contains two sections, Teshuvot and Pesakim, which would indicate that the former was written as responsa to questions he received and the latter not, the early Acharonim write they were both actually conceived by the author himself. He did not receive any of the questions addressed from others.<ref>Yad Malachi (Klalei Shear HaMechabrim 37). Shem HaGedolim (Gedolim, Yud 402).</ref> The Petach HaDevir<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=7976&st=&pgnum=134 Petach HaDevir vol. 3 page 66 col. 4]</ref> uses this fact to call into question Maran's assertion<ref>Beit Yosef Orach Chaim 263:16 s.v. ולענין</ref> that one should follow the Teshuvot over the Pesakim because one is generally more exacting in real life situations. He argues one should in fact follow the Pesakim which seem to be intended for practice more.<ref>Matnat Yado fn. 61. See also Sdei Chemed Klalei HaPoskim 13:7 and Beit Shmuel 130:20.</ref> Some actually argue that the Teshuvot were written to real questioners,<ref>[http://hebrewbooks.org/pdfpager.aspx?req=8860&st=&pgnum=10 Forward to Leket Yosher]</ref> which negates this discussion.
# The Pesakim and Ketavim weren't necessarily all written before or after the Teshuvot; rather, some were written before and others after. The Hagahot on Shaarei Dura were written last, though.<ref>Shem HaGedolim (Gedolim, Yud 402)</ref>
# "Gadol" or "Echad Min HaGedolim" in the Terumat HaDeshen is a reference to his rebbe, [[Maharil]].<ref>Yad Malachi (Klalei Shear Poskim 32)</ref>
# "Gadol" or "Echad Min HaGedolim" in the Terumat HaDeshen is a reference to his rebbe, [[Maharil]].<ref>Yad Malachi (Klalei Shear Poskim 32)</ref>
# Along with the [[Mahari Veil]], the Terumat HaDeshen granted Semikha to R' Yisrael Bruna, known as [[Mahari Bruna]], who was a contemporary of [[Maharik]], Rav Yosef Cologne.<ref>Yad Malachi (Klalei Shear Poskim 32)</ref>
# Along with the [[Mahari Veil]], the Terumat HaDeshen granted Semikha to R' Yisrael Bruna, known as [[Mahari Bruna]], who was a contemporary of [[Maharik]], Rav Yosef Cologne.<ref>Yad Malachi (Klalei Shear Poskim 32), Shem HaGedolim (Gedolim, Yud 410)</ref>
# Although the Terumat HaDeshen contains two sections, Teshuvot and Pesakim, which would indicate that the former was written as responsa to questions he received and the latter not, the early Acharonim write they were both actually conceived by the author himself. He did not receive any of the questions addressed from others.<ref>Yad Malachi (Klalei Shear HaMechabrim 37). See his entry in Shem HaGedolim.</ref> The Petach HaDevir<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=7976&st=&pgnum=134 Petach HaDevir vol. 3 page 66 col. 4]</ref> uses this fact to call into question Maran's assertion<ref>Beit Yosef Orach Chaim 263</ref> that one should follow the Teshuvot over the Pesakim because one is generally more exacting in real life situations. He argues one should in fact follow the Pesakim which seem to be intended for practice more.<ref>Matnat Yado fn. 61. See also Sdei Chemed Klalei HaPoskim 13:7</ref>
# Some recommend following the [[Tashbetz]] over the Terumat HaDeshen, but the [[Chida]] finds it questionable, given the respect granted the Terumat HaDeshen by later Poskim.<ref>Shem HaGedolim (Gedolim, Yud 402)</ref>
==Sources==
# He also wrote Shearim beIssur veHetter, which is quoted by the Rama in Torat Chatat and Darkei Moshe.<ref>Shem HaGedolim (Sefarim, Kuf 128)</reF>
# The works of the [[Ramban]], [[Rashba]], [[Ritva]], [[Ran]], and [[Maggid Mishneh]] were not available to the Terumat HaDeshen.<ref>Shach (Tekafo Kohen 8 at the end), Avnei Nezer (Even HaEzer 186:19, 56:21), as cited in Halichot Olam vol. 6 pp. 43</ref> Indeed, the [[Maharshal]] asserts that the Terumat HaDeshen does not regularly disagree with his predecessors. Situations that appear as though he is disagreeing are in fact examples of when he did not have the earlier sources at hand.<ref>Yam Shel Shlomo (Beitzah 5:6)</ref>
 
=Sources=
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[[Category:Klalim]]
[[Category:Klalei Haposkim]]

Latest revision as of 03:20, 13 January 2022

Klalim

  1. R' Yisrael Isserlein's halachic opinion was held in high regard by the Acharonim who followed him a couple generations later.[1]
  2. Although the Terumat HaDeshen contains two sections, Teshuvot and Pesakim, which would indicate that the former was written as responsa to questions he received and the latter not, the early Acharonim write they were both actually conceived by the author himself. He did not receive any of the questions addressed from others.[2] The Petach HaDevir[3] uses this fact to call into question Maran's assertion[4] that one should follow the Teshuvot over the Pesakim because one is generally more exacting in real life situations. He argues one should in fact follow the Pesakim which seem to be intended for practice more.[5] Some actually argue that the Teshuvot were written to real questioners,[6] which negates this discussion.
  3. The Pesakim and Ketavim weren't necessarily all written before or after the Teshuvot; rather, some were written before and others after. The Hagahot on Shaarei Dura were written last, though.[7]
  4. "Gadol" or "Echad Min HaGedolim" in the Terumat HaDeshen is a reference to his rebbe, Maharil.[8]
  5. Along with the Mahari Veil, the Terumat HaDeshen granted Semikha to R' Yisrael Bruna, known as Mahari Bruna, who was a contemporary of Maharik, Rav Yosef Cologne.[9]
  6. Some recommend following the Tashbetz over the Terumat HaDeshen, but the Chida finds it questionable, given the respect granted the Terumat HaDeshen by later Poskim.[10]
  7. He also wrote Shearim beIssur veHetter, which is quoted by the Rama in Torat Chatat and Darkei Moshe.[11]
  8. The works of the Ramban, Rashba, Ritva, Ran, and Maggid Mishneh were not available to the Terumat HaDeshen.[12] Indeed, the Maharshal asserts that the Terumat HaDeshen does not regularly disagree with his predecessors. Situations that appear as though he is disagreeing are in fact examples of when he did not have the earlier sources at hand.[13]

Sources

  1. ↑ Get Pashut 129:127 s.v. ולא"ד, Shem HaGedolim (Gedolim, Yud 402)
  2. ↑ Yad Malachi (Klalei Shear HaMechabrim 37). Shem HaGedolim (Gedolim, Yud 402).
  3. ↑ Petach HaDevir vol. 3 page 66 col. 4
  4. ↑ Beit Yosef Orach Chaim 263:16 s.v. ולענין
  5. ↑ Matnat Yado fn. 61. See also Sdei Chemed Klalei HaPoskim 13:7 and Beit Shmuel 130:20.
  6. ↑ Forward to Leket Yosher
  7. ↑ Shem HaGedolim (Gedolim, Yud 402)
  8. ↑ Yad Malachi (Klalei Shear Poskim 32)
  9. ↑ Yad Malachi (Klalei Shear Poskim 32), Shem HaGedolim (Gedolim, Yud 410)
  10. ↑ Shem HaGedolim (Gedolim, Yud 402)
  11. ↑ Shem HaGedolim (Sefarim, Kuf 128)
  12. ↑ Shach (Tekafo Kohen 8 at the end), Avnei Nezer (Even HaEzer 186:19, 56:21), as cited in Halichot Olam vol. 6 pp. 43
  13. ↑ Yam Shel Shlomo (Beitzah 5:6)
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