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# If the position of the Rashba quoted by the Tur contradicts what the Rashba himself writes in his Sefarim, the former is actually the Rash MiShantz, not Rav Shlomo Ben Aderet.<ref>Yad Malachi (Klalei HaTur 2)</ref> | # If the position of the Rashba quoted by the Tur contradicts what the Rashba himself writes in his Sefarim, the former is actually the Rash MiShantz, not Rav Shlomo Ben Aderet.<ref>Yad Malachi (Klalei HaTur 2)</ref> | ||
# Some say that if the Tur omits a Halacha from its appropriate context, one cannot infer that he still accepts it based on a Halacha written in a different context of the Tur, because this is its proper place. For example, if a certain Halacha about lighting Shabbat candles doesn't appear in the Siman about candlelighting, one cannot infer it based on a Halacha in a different, unrelated Siman. Others disagree.<ref>Yad Malachi (Klalei HaTur 3) and Matnat Yado fn. 4</ref> | # Some say that if the Tur omits a Halacha from its appropriate context, one cannot infer that he still accepts it based on a Halacha written in a different context of the Tur, because this is its proper place. For example, if a certain Halacha about lighting Shabbat candles doesn't appear in the Siman about candlelighting, one cannot infer it based on a Halacha in a different, unrelated Siman. Others disagree.<ref>Yad Malachi (Klalei HaTur 3) and Matnat Yado fn. 4</ref> | ||
== Stam vaYesh and Yesh veYesh == | |||
# In line with the general rule, know colloquially as "Yesh veYesh Halacha KeYesh Batra," the Acharonim write how one should follow the last of a series of positions presented by the Tur. The Yad Malachi<ref>Yad Malachi (Klalei HaTur 5)</ref> adds how this is also written regarding the Rif, the Tur's understanding of the Rosh, and the Samag, but he notes how the Beit Yosef takes contradictory approaches to this with respect to the Rosh. In the Tur, this is true when it's "Yesh Omrim... veYesh Omrim..." or "So and so says this, ''and'' so and so says that;" however, If it's a case of "Stam vaYesh, then the Halacha follows the Stam<ref>Korban Netanel (Klalim 5)</ref> | |||
# The rule is most compelling when the two positions are not listed in chronological order.<ref>Yad Malachi (Klalei HaTur 7)</ref>. Some say this is true even regarding Shulchan Aruch.<ref>Matnat Yado fn. 24</ref> | |||
# If the verbiage is of the formulation "LeDaat Ploni Assur u'leDaat Ploni Muttar," this rule does not apply.<ref>Yad Malachi (Klalei HaTur 8)</ref> | |||
# Independently of the "Yesh veYesh" rule, if the Tur writes "Aval" to introduce an additional position, it's an indication that this is the opinion he accepts.<ref>Yad Malachi (Klalei HaTur 9)</ref>. However, if he elucidates the reasoning of the first opinion before introducing the second, there's firm reason to believe he leans towards the first one as primary. This Klal also has import in understanding the position of the Beit Yosef when he records debates among the Rishonim.<ref>Yad Malachi (Klalei HaTur 10)</ref> | |||
=== When Quoting the Rosh === | === When Quoting the Rosh === | ||
# 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). | # 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). As above, 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 == | == Maggid Mishneh == | ||
