Anonymous

Klalei HaPoskim: Difference between revisions

From Halachipedia

Klalei HaPoskim (view source)

Revision as of 15:43, 6 May 2018

1,178 bytes removed ,  6 May 2018
→‎Bahag (Ba'al Halachot Gedolot): move to separate page
(→‎Bahag (Ba'al Halachot Gedolot): move to separate page)
Line 27: Line 27:
=== Sefarim HaChitzonim (Masechet Semachot, Sofrim, and others) ===
=== Sefarim HaChitzonim (Masechet Semachot, Sofrim, and others) ===
# Tosafot in a number of places writes how with respect to some Halachot, they follow Sefarim Chitzonim, such as Masechet Semachot and Masechet Sofrim, which were compiled later on, against the Talmud. They're called Chitzonim, according to the Bach<ref>Bach Yoreh De'ah 178:2</ref> because they are external to the Gemara, or, according to the Chidah, because they're even further removed from the Baraitot, which are already "outside," as their name suggests.<ref>Shem HaGedolim vol. 2 "Sefarim HaChitzonim"</ref> Some say the Girsaot are also enigmatic.<ref>There's a debate if the Gemara quoting Baraitot that appear in Masechet Sofrim means the Gemara is quoting from Masechet Soferim or the other way around. Some say these Sefarim have no actual derashot, just asmachtot. Yad Malachi (Klalei Shnei HaTalmudim 12) See Matnat Yado ad loc at length. See Ein Zocher (Samech 31), Birkei Yosef (Orach Chaim 581:7), Shem HaGedolim vol. 2 "Soferim," Sdei Chemed Klalei HaPoskim 2:3.</ref>
# Tosafot in a number of places writes how with respect to some Halachot, they follow Sefarim Chitzonim, such as Masechet Semachot and Masechet Sofrim, which were compiled later on, against the Talmud. They're called Chitzonim, according to the Bach<ref>Bach Yoreh De'ah 178:2</ref> because they are external to the Gemara, or, according to the Chidah, because they're even further removed from the Baraitot, which are already "outside," as their name suggests.<ref>Shem HaGedolim vol. 2 "Sefarim HaChitzonim"</ref> Some say the Girsaot are also enigmatic.<ref>There's a debate if the Gemara quoting Baraitot that appear in Masechet Sofrim means the Gemara is quoting from Masechet Soferim or the other way around. Some say these Sefarim have no actual derashot, just asmachtot. Yad Malachi (Klalei Shnei HaTalmudim 12) See Matnat Yado ad loc at length. See Ein Zocher (Samech 31), Birkei Yosef (Orach Chaim 581:7), Shem HaGedolim vol. 2 "Soferim," Sdei Chemed Klalei HaPoskim 2:3.</ref>
== Bahag (Ba'al Halachot Gedolot) ==
# Often times, the Rishonim will disagree with the Bahag but conclude in favor of his ruling anyway, even if it's illogical, because "Devarav Divrei Kabbalah Hem." Because of the tradition stemming from the Amoraim, through the Savoraim, to him, the Bahag is granted special authority when the Gemara does not explicitly say otherwise; however, if the Rishonim feel the Gemara contradicts his words, then they freely disagree in practice, as well.<ref>Yad Malachi (Klalei Bahag 3)</ref>
# The Rishonim are uncertain if the Halachot Gedolot was authored by Rav Yehudai Gaon, who was blind, or by Rav Shimon Kayyara. Illogical rulings could be pinned on the former's students misinterpretation of their rebbe's words when writing his sefer. Some say Rav Shimon Kayyara wrote Halachot Gedolot, and Rav Yehudai Gaon wrote a different sefer known as Halachot Pesukot, while others claim they each wrote a sefer called Halachot Gedolot.<ref>Yad Malachi (Klalei Bahag 4). There is also much to say in the realm of academic scholarship on this topic.
See the [https://en.wikipedia.org/wiki/Halachot_Gedolot Wikipedia page] for more sources.</ref>


==Rif==
==Rif==
Retrieved from "http://localhost:80/index.php?title=Special:MobileDiff/20851"