Klalei HaPoskim: Difference between revisions

# 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>

# Like his father the Rosh, the Tur only discusses matters that are relevant to Halacha.<ref>Yad Malachi (Klalei HaTur 1)</ref> Moreover, only cases mentioned or hinted to in the Talmud are discussed in the Tur.<ref>Yad Malachi (Klalei HaTur 14)</ref>

=== Writing Style ===

# When writing how a Rishon concurs with a statement, the Tur will use the language "Al Derech Zeh Katav HaRambam" to means that it's not exactly the Rishon's Shitah, but similar - i.e. there are some differences. "Ken Katav HaRambam" is an indication the Rishon entertains the same position.<ref>Yad Malachi (Klalei HaTur 12)</ref>

# The Tur himself concurs with a previously stated ruling when he writes "Nireh Li" to introduce the next idea, while the language "Li Nireh" introduces his own dissenting opinion.<ref>Yad Malachi (Klalei HaTur 13)</ref>

# 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>

# 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>

# 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). 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>

=== Misc. ===

# The Tur only had Torat HaBayit HaKatzar, not Aruch.<ref>Yad Malachi (Klalei HaTur 15)</ref>