1,988
edits
Klalei HaPoskim: Difference between revisions
From Halachipedia
move maggid mishneh after tur
MordechaiD (talk | contribs) (→Maggid Mishneh: Talmid of the Rashba, biur HaRambam, HaMechaber vs. Rabbeinu, and three perakim of gerushin) |
MordechaiD (talk | contribs) (move maggid mishneh after tur) |
||
| Line 3: | Line 3: | ||
==Safrut Chazal: Talmud Bavli and Yerushalmi, Tosefta, Midrashim, and Zohar == | ==Safrut Chazal: Talmud Bavli and Yerushalmi, Tosefta, Midrashim, and Zohar == | ||
=== Bavli === | === Bavli ===ma | ||
# Regarding intra-Talmudic Halachic decision making ([[Klalei HaShas]]), see [[Klalei HaTalmud]] ([[Talmudic Methodology]]). | # Regarding intra-Talmudic Halachic decision making ([[Klalei HaShas]]), see [[Klalei HaTalmud]] ([[Talmudic Methodology]]). | ||
# "Sugya veDuchteh Adifah" - The Amoraim focused most on the precise presentation of the Halacha when discussing it in its proper context. When discussing tangential points, the they were not as careful to speak with complete precision satisfactory for inferring the Halacha from.<ref>Yad Malachi (Klalei Shnei HaTalmudim 13)</ref> | # "Sugya veDuchteh Adifah" - The Amoraim focused most on the precise presentation of the Halacha when discussing it in its proper context. When discussing tangential points, the they were not as careful to speak with complete precision satisfactory for inferring the Halacha from.<ref>Yad Malachi (Klalei Shnei HaTalmudim 13)</ref> | ||
| Line 149: | Line 149: | ||
=== Misc. === | === Misc. === | ||
# Chochmei HaTzarfatim according to many refers to Baalei HaTosafot, although some are unsure.<ref>Yad Malachi (Klalei Tosafot 21)</ref> | # Chochmei HaTzarfatim according to many refers to Baalei HaTosafot, although some are unsure.<ref>Yad Malachi (Klalei Tosafot 21)</ref> | ||
== Rosh == | == Rosh == | ||
| Line 181: | Line 175: | ||
# When the Tur writes "My father decided this way" based on proofs, then the idea has import to other topics, as well, while "This is my father's conclusion" does not.<ref>Perishah Choshen Mishpat 182:14, Korban Netanel (Klalim 4)</ref> | # When the Tur writes "My father decided this way" based on proofs, then the idea has import to other topics, as well, while "This is my father's conclusion" does not.<ref>Perishah Choshen Mishpat 182:14, Korban Netanel (Klalim 4)</ref> | ||
# The Tur always follows his father's view when he writes "And my master, my father wrote this way, as well" (כן כתב אדוני אבי הרא"ש). In general, he follows the last position presented in a series of opinions, unless the first opinion was written anonymously. This is in line with the common rules of "Yesh veYesh" always following the last one and "Stam vaYesh Halacha KeStam."<ref>Korban Netanel (Klalim 5)</ref> | # The Tur always follows his father's view when he writes "And my master, my father wrote this way, as well" (כן כתב אדוני אבי הרא"ש). In general, he follows the last position presented in a series of opinions, unless the first opinion was written anonymously. This is in line with the common rules of "Yesh veYesh" always following the last one and "Stam vaYesh Halacha KeStam."<ref>Korban Netanel (Klalim 5)</ref> | ||
== 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> | |||
# 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> | |||
== Further Reading == | == Further Reading == | ||
