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MordechaiD (talk | contribs) (→Stam vaYesh and Yesh veYesh: separate and yesh veyesh mi sheomer) |
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# The Rama didn't see the Bedek HaBayit,<ref>Yad Malachi (Klalei Beit Yosef 39)</ref> because it was printed after he died.<ref>Elyah Rabbah 101:3, Birkei Yosef Yoreh Deah 286:2 and Orach Chaim 27:4 and 101, Shem HaGedolim vol. 2 "Bedek HaBayit," Sdei Cheemd Klalei HaPoskim 14:9), Matnat Yado ad loc.</ref> | # The Rama didn't see the Bedek HaBayit,<ref>Yad Malachi (Klalei Beit Yosef 39)</ref> because it was printed after he died.<ref>Elyah Rabbah 101:3, Birkei Yosef Yoreh Deah 286:2 and Orach Chaim 27:4 and 101, Shem HaGedolim vol. 2 "Bedek HaBayit," Sdei Cheemd Klalei HaPoskim 14:9), Matnat Yado ad loc.</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> | ||
# 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> | |||
=== Shulchan Aruch === | === Shulchan Aruch === | ||
==== Purpose ==== | ==== Purpose ==== |