1,988
edits
Klalei HaPoskim: Difference between revisions
From Halachipedia
→Tur: eino yodea lamah, disagreeing with his father, no peirush hamishnayot, kitur piskei harosh
MordechaiD (talk | contribs) m (categories) |
MordechaiD (talk | contribs) (→Tur: eino yodea lamah, disagreeing with his father, no peirush hamishnayot, kitur piskei harosh) |
||
| Line 184: | Line 184: | ||
# 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> | # 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> | ||
# Sometimes, a ruling will be written in the name of the Rambam, even though it's explicit in the Gemara, because the Rif and Rosh omitted it.<ref>Yad Malachi (Klalei HaTur 19)</ref> | # Sometimes, a ruling will be written in the name of the Rambam, even though it's explicit in the Gemara, because the Rif and Rosh omitted it.<ref>Yad Malachi (Klalei HaTur 19)</ref> | ||
# When the Tur or another Posek responds to a statement he quotes with "I don't know why" (איני יודע למה), it is not a sufficient indication of his disagreement.<ref>Yad Malachi (Klalei HaTur 25)</ref> | |||
==== Stam vaYesh and Yesh veYesh ==== | ==== 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> | # 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> | ||
| Line 196: | Line 197: | ||
# Ri (ר"י) without a Heh refers to R' Yitzchak Baal HaTosafot, and HaRi (הר"י) with a Heh refers to Rabbeinu Yonah.<ref>Yad Malachi (Klalei HaTur 18)</ref> | # Ri (ר"י) without a Heh refers to R' Yitzchak Baal HaTosafot, and HaRi (הר"י) with a Heh refers to Rabbeinu Yonah.<ref>Yad Malachi (Klalei HaTur 18)</ref> | ||
# "Ken Daat Adoni Avi" (כן דעת אדוני אבי) means the idea is not explicit in the Rosh; "Ken Katav Adoni Avi" (כן כתב אדוני אבי) does. Similarly, "Lo Katav Adoni Avi HaRosh Ken" (לא כתב אדוני אבי הרא"ש כן) means that it's not understood from the Rosh.<ref>Yad Malachi (Klalei HaTur 20)</ref> | # "Ken Daat Adoni Avi" (כן דעת אדוני אבי) means the idea is not explicit in the Rosh; "Ken Katav Adoni Avi" (כן כתב אדוני אבי) does. Similarly, "Lo Katav Adoni Avi HaRosh Ken" (לא כתב אדוני אבי הרא"ש כן) means that it's not understood from the Rosh.<ref>Yad Malachi (Klalei HaTur 20)</ref> | ||
# There is a fleet of Acharonim who assert the Tur does not disagree with his father without doing so explicitly; therefore, we always work hard to reconcile any inconsistencies.<ref>Yad Malachi (Klalei HaTur 23)</ref> | |||
# Even if there are those who disagree with the Rosh, the Tur will not necessarily quote them to contrast.<ref>Yad Malachi (Klalei HaTur 24)</ref> | |||
=== Kitzur Piskei HaRosh === | |||
# The Kitzur Piskei HaRosh were written by the Tur. When they contradict the Tur itself, the latter should be followed, as it was written later.<ref>Yad Malachi (Klalei HaTur 21)</ref> | |||
# In Kitzur Piskei HaRosh, the Tur writes no more than the explicit point of the Rosh.<ref>Yad Malachi (Klalei HaTur 22)</ref> | |||
=== Misc. === | === Misc. === | ||
# When referring to the Rambam, the Tur is exclusively referring to Mishneh Torah, as Perush HaMishnah was not available to him. <ref>Yad Malachi (Klalei HaTur 26), Matnat Yado fn. 87</ref> | |||
# The Tur only had Torat HaBayit HaKatzar, not Aruch.<ref>Yad Malachi (Klalei HaTur 15)</ref> | # The Tur only had Torat HaBayit HaKatzar, not Aruch.<ref>Yad Malachi (Klalei HaTur 15)</ref> | ||
