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Klalei HaPoskim: Difference between revisions
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# 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> | # 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> | ||
# The breakup of Shu"t HaRosh into Klalim was done by later individuals, not the Rosh.<ref>Yad Malachi (Klalei HaRosh 44)</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> | ||
# Given two contradictory statements in the Piskei HaRosh, some Poskim recommend following the one that fits with the Rif, but according to the Shach, if one is just an instance of parroting the Rif and the other is the Rosh speaking for himself, the latter should be followed.<ref>See Shulchan Yoreh De'ah 15 and commentaries at length and above discussion from Tekafot Kohen. Yad Malachi (Klalei HaRosh 29)</ref> | # Given two contradictory statements in the Piskei HaRosh, some Poskim recommend following the one that fits with the Rif, but according to the Shach, if one is just an instance of parroting the Rif and the other is the Rosh speaking for himself, the latter should be followed.<ref>See Shulchan Yoreh De'ah 15 and commentaries at length and above discussion from Tekafot Kohen. Yad Malachi (Klalei HaRosh 29)</ref> | ||
# To resolve contradictions between the Piskei HaRosh and Shu"t HaRosh, the Tur<ref>Tur Choshen Mishpat 72</ref> | # To resolve contradictions between the Piskei HaRosh and Shu"t HaRosh, the Tur<ref>Tur Choshen Mishpat 72</ref> and his brother Rabbeinu Yehudah ben HaRosh<ref>Beit Yosef Yoreh Deah 341 and Choshen Mishpat 110</ref> say and the Bach<ref>Bach Yoreh Deah 334:10</ref> postulates that the Piskei HaRosh were written later, so they should be followed over the Teshuvot. The Beit Yosef<ref>Beit Yosef Yoreh Deah 341</ref> disagrees. The Maharil<ref>Shu"t Maharil Siman 77</ref> argues the Teshuvot should be followed, because they were formulated in the context of Horaah.<ref>Korban Netanel (Klalim 18). See sources cited in Yad Malachi (Klalei HaRosh 46) and Matnat Yado ad loc at length.</ref> The Kenesset HaGedolah writes how even according to the former view, if the conflicting Teshuva is based on additional, seemingly seen afterwards, sources, then we would follow the Teshuvah.<ref>Yad Malachi (Klalei HaRosh 37)</ref> Rav Yosef Yedid HaLevi adds that these rules are only applicable when it's an explicit contradiction, if not we rather reconcile the two.<ref>Vayechi Yosef Gittin page 67 col. 3, Matnat Yado fn. 93, see Yad Malachi (Klalei Rosh 40) who writes similarly in the name of the Bach.</ref> | ||
===Acceptance=== | ===Acceptance=== | ||
# Many testify to the grand acceptance of the Rosh throughout Spain, which the Kenesset HaGedolah argues is true even over the Rambam and Riaz. Meanwhile, the Radbaz recommends to at least follow the Rosh whenever the Rambam is unclear. He adds that the Halacha follows the Rosh against the Rashba, as the former came later.<ref>Yad Malachi (Klalei HaRosh 36)</ref> | # Many testify to the grand acceptance of the Rosh throughout Spain, which the Kenesset HaGedolah argues is true even over the Rambam and Riaz. Meanwhile, the Radbaz recommends to at least follow the Rosh whenever the Rambam is unclear. He adds that the Halacha follows the Rosh against the Rashba, as the former came later.<ref>Yad Malachi (Klalei HaRosh 36)</ref> | ||
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=== Misc. === | === Misc. === | ||
# Uncharacteristically, the Rosh on Bava Kamma does not quote all the Gemaras and Piskei Dinim, but, rather, quotes the Gemara concisely when needed to discuss a novel idea.<ref>Yad Malachi (Klalei HaRosh 41)</ref> | # Uncharacteristically, the Rosh on Bava Kamma does not quote all the Gemaras and Piskei Dinim, but, rather, quotes the Gemara concisely when needed to discuss a novel idea.<ref>Yad Malachi (Klalei HaRosh 41)</ref> | ||
# Sometimes, the Hagahot Ashri on the Rosh is commenting on the Gemara itself, not the Rosh, and may even be disagreeing with him.<ref>Yad Malachi (Klalei HaRosh 45)</ref> | |||
== Tur == | == Tur == | ||
