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Klalei HaPoskim: Difference between revisions

From Halachipedia
(→‎Maggid Mishneh: add kessef mishneh and Ramban, Rashba, Ran)
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# 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 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>
# 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>
== Kessef Mishneh ==


== Ramban ==
== Ramban ==