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→Maggid Mishneh: Talmid of the Rashba, biur HaRambam, HaMechaber vs. Rabbeinu, and three perakim of gerushin
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== Maggid Mishneh == | == Maggid Mishneh == | ||
# The Kenesset HaGedolah writes that wherever the Maggid Mishneh says he couldn't find a proof for the Rambam, he doesn't agree. <ref>Yad Malachi (Klalei HaRav HaMaggid 1)</ref> Some even say if he doesn't provide a proof, even without articulating that lack of finding, it's an indication of disagreement.<ref>Matnat Yado fn. 1</ref> | # The Kenesset HaGedolah writes that wherever the Maggid Mishneh says he couldn't find a proof for the Rambam, he doesn't agree. <ref>Yad Malachi (Klalei HaRav HaMaggid 1)</ref> Some even say if he doesn't provide a proof, even without articulating that lack of finding, it's an indication of disagreement.<ref>Matnat Yado fn. 1</ref> | ||
# | # A contemporary of the Rivash<ref>Shu"t HaRivash Siman 473</ref>, the Maggid Mishneh's allegiance to the Rashba<ref>Matnat Yado fn. 5 writes how the Radbaz claims he was a Talmid of the Rashba, but the Chida argues the dates don't line up.</ref> is indicative through his throrough familiarity with the Rashba's opinions. Therefore, when in doubt as to how to understand the Rashba's opinion, the Maggid Mishneh's understanding is a valuable and acceptable window to determining what the Rashba means.<ref>Yad Malachi (Klalei HaRav HaMaggid 2)</ref> Some say the opposite is therefore a valuable tool of understanding the Maggid Mishneh, as well.<ref>Matnat Yado fn 3</ref> | ||
# His tremendous dedication to elucidating the Rambam gives the Maggid Mishneh credence in deciding what the true explanation is when the Rambam's position is debatable, according to the Radbaz.<ref>Yad Malachi (Klalei HaRav HaMaggid 3)</ref> | |||
# The Rivash posits that when the Maggid Mishneh refers to the Rambam as "HaMechaber" and not "Rabbenu," it indicates lack of satisfaction with the Rambam's position on his part,<ref>Shu"t HaRivash Siman 168, Shu"t HaRashbetz vol. 4 Tur 3 Siman 2 end of s.v. ואין לומר, Yad Malachi (Klalei HaRav HaMaggid 4)</ref> but the Chidah argues that the verbiage is arbitrary.<ref>Shem HaGedolim Maarechet Vav Ot 4. See Sdei Chemed (Klalei HaPoskim 7:1), [http://www.hebrewbooks.org/pdfpager.aspx?req=56124&st=&pgnum=207&hilite= Kovetz Ohr Yisrael (vol. 54 page 207)], and Matnat Yado fn. 7 at length</ref> | |||
# The first three Perakim of Maggid Mishneh on Hilchot Gerushin (until Halacha 9) were not extant even in the times of the Maggid Mishneh himself; what we have printed was probably written by a student, not the Maggid Mishneh himself.<ref>See the last line of Shu"t HaRivash Siman 117. The Kessef Mishneh (Hilchot Ishut 3:5) even refers to the commentary as the Mefaresh. Yad Malachi (Klalei HaRav HaMaggid 5)</ref> | |||
== Rosh == | == Rosh == | ||
=== General Style === | === General Style === | ||
