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Klalei HaPoskim: Difference between revisions
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=== Practical Focus === | === Practical Focus === | ||
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. | 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. | ||
# 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 | # 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> but practical but uncommon Halachot will not be recorded.<ref>Korban Netanel (Klalim 3) in the name of the Ran</ref> | ||
# 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> | # 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> | ||
# 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> | # 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> | ||
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# 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> | # 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> | # 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> | # 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), Korban Netanel (Klalim 5)</ref> | ||
# If the Gemara presents an alternative answer (איכא דאמרי), the Rif will pasken like it instead of the first answer, even if the second answer is more stringent and the case is only of DeRabbanan nature.<ref>Korban Netanel (Klalim 1)</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> | # 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> | # 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 === | === 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> | # "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> | ||
