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Klalei HaPoskim: Difference between revisions
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# The Rosh mainly is drawn after the Rif except perhaps by explanations of Mishnayot, in which case he often prefers the Rash's understanding.<ref>Yad Malachi (Klalei Rosh 28, 31). See Matnat Yado fn 62 who adds that there's a discussion regarding when the Rif is a Daat Yachid if we should assume the Rosh still stands with him or of we should count the Rosh with those who disagree. There's also a general issue of how the Rosh originally wrote his Pesakim, as a commentary on the Rif with the direct quotes added in later (Tekafo Kohen 46, Korban Netanel (Klalim 2)) or like we have it (Shem HaGedolim HaRosh). Sdei Chemed (Klalei HaPoskim 11:2) points out how the Chatam Sofer did not have the Shem HaGedolim to be aware of this approach. See Yad Malachi (Klalei HaTalmud 510, 517) and "Contradictions" below.</ref> | # The Rosh mainly is drawn after the Rif except perhaps by explanations of Mishnayot, in which case he often prefers the Rash's understanding.<ref>Yad Malachi (Klalei Rosh 28, 31). See Matnat Yado fn 62 who adds that there's a discussion regarding when the Rif is a Daat Yachid if we should assume the Rosh still stands with him or of we should count the Rosh with those who disagree. There's also a general issue of how the Rosh originally wrote his Pesakim, as a commentary on the Rif with the direct quotes added in later (Tekafo Kohen 46, Korban Netanel (Klalim 2)) or like we have it (Shem HaGedolim HaRosh). Sdei Chemed (Klalei HaPoskim 11:2) points out how the Chatam Sofer did not have the Shem HaGedolim to be aware of this approach. See Yad Malachi (Klalei HaTalmud 510, 517) and "Contradictions" below.</ref> | ||
# The Rambam's understanding of Im Timtzi Lomar as Halacha is not accepted by the Rosh, who posits that even those who accept it must admit that further levels are only accepted if they are consistent with the positions of the previous ones.<ref>Korban Netanel (Klalim 9, 10)</ref> Bach argues that Rosh will agree that when presented with four questions, two of which are Im Timtzi Lomar, that their standing out indicates the Gemara is following them.<ref>Yad Malachi (Klalei HaRosh 35)</ref> | # The Rambam's understanding of Im Timtzi Lomar as Halacha is not accepted by the Rosh, who posits that even those who accept it must admit that further levels are only accepted if they are consistent with the positions of the previous ones.<ref>Korban Netanel (Klalim 9, 10)</ref> Bach argues that Rosh will agree that when presented with four questions, two of which are Im Timtzi Lomar, that their standing out indicates the Gemara is following them.<ref>Yad Malachi (Klalei HaRosh 35)</ref> | ||
# An additional answer or through will be introduced with merely a "Vav," such as " | # An additional answer or through will be introduced with merely a "Vav," such as "וקמשמע לן" - and we ''also'' learn.<ref>Yad Malachi (Klalei HaRosh 39)</ref> | ||
# If an elucidation of the Gemara is not presented by the Rosh against Rashi, we assume he agrees with Rashi.<ref>Yad Malachi (Klalei HaRosh 42)</ref> | # If an elucidation of the Gemara is not presented by the Rosh against Rashi, we assume he agrees with Rashi.<ref>Yad Malachi (Klalei HaRosh 42)</ref> | ||
=== Contradictions === | === Contradictions === | ||
# Just as Ein Seder LaMishnah in the days of Tannaim, meaning they didn't compile Shas in the order it now exists in, so, too, Rishonim didn't necessarily learn and write on Shas in order. It's therefore possible for an initial position to be written in a commentary to a later Masechet and the retracted corrected one to be presented in an earlier Masechet. This knowledge allows us to resolve difficulties in the Rosh and other Rishonim.<ref>Yad Malachi (Klalei HaRosh 34)</ref> | # Just as Ein Seder LaMishnah in the days of Tannaim, meaning they didn't compile Shas in the order it now exists in, so, too, Rishonim didn't necessarily learn and write on Shas in order. It's therefore possible for an initial position to be written in a commentary to a later Masechet and the retracted corrected one to be presented in an earlier Masechet. This knowledge allows us to resolve difficulties in the Rosh and other Rishonim.<ref>Yad Malachi (Klalei HaRosh 34)</ref> | ||
