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Klalei HaPoskim: Difference between revisions

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=== 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>
==Rif==
=== Practical Focus ===
The Rif generally quotes only relevant passages of the Gemara and leaves out points that aren't accepted at the end of the sugya. That said, there are some exceptions to be aware of.
# Even though the Rif generally only records Halachot that are relevant nowadays, for example, to the exclusion of Kodashim, if a Halacha that is generally relevant has a detail that is not, he will write the entire Halacha including the detail. Moreover, if there is some relevant Halacha or Chiddush to derive from the irrelevant Halacha, then that Halacha will be included, as well,<ref>Yad Malachi (Klalei HaRif 7)</ref> but practical but uncommon Halachot will not be recorded.<ref>Korban Netanel (Klalim 3) in the name of the Ran</ref>
# If a din that does not appear to be subject of debate in the Gemara is only recorded partially in the Rif, it's an indication that the Rif holds the omitted segments are not accepted in practice.<ref>Yad Malachi (Klalei HaRif 16)</ref>
# Periodically, the Rif will quote a Tosefta by opening with Tanu Rabbanan, because the end of that Tosefta is quoted in the Gemara.<ref>Yad Malachi (Klalei HaRif 11)</ref>
# When the Gemara presents two Baraitot that each derive the same Halacha but from different sources (Tanya and Tanya Idach), the Rif will quote both.<ref>Yad Malachi (Klalei HaRif 12)</ref>
# However, some say he will not quote a Baraita that is not in line with the accepted Halacha.<ref>Yad Malachi (Klalei HaRif 9)</ref>
# If the Gemara presents an answer that unanimously resolves a difficulty in the Mishna but then continues to present additional resolutions from other Amoraim, which we would assume like in practice, the Rif will still quote the unanimously agreeable upon answer, even if it's not LeHalacha.<ref>Yad Malachi (Klalei HaRif 21)</ref>
# The Be'er Sheva advises one to not be surprised if the Rif omits the okimta of the Gemara in favor of his own original understanding, as he rathers to minimize Machaloket than quote the Gemara. The Yad Malachi argues lengthily against this approach and posits that the Rif merely omits Gemaras he feels to not be Aliba deHilcheta. The Rif and Rambam aren't Amoraim who have the ability to decide unresolved issues in the Gemara!<ref>Yad Malachi (Klalei HaRif 6)</ref>
# Similar to the rule of Stam vaYesh in reading Shulchan Aruch, when the Rif states that the Halacha follows a certain ruling but there are those who disagree, he intends to rule like the former and is only sharing the latter to transmit the rulings of earlier generations.<ref>Yad Malachi (Klalei HaRif 5), Korban Netanel (Klalim 5)</ref>
# If the Gemara presents an alternative answer (איכא דאמרי), the Rif will pasken like it instead of the first answer, even if the second answer is more stringent and the case is only of DeRabbanan nature.<ref>Korban Netanel (Klalim 1)</ref>
# Unless explicitly stated by the Rif that one should be stringent, the assumption is that a lenient approach is taken with unresolved inquiries of the Gemara (Tiku)<ref>Yad Malachi (Klalei HaRif 8)</ref>
# Similar to Rashi, the Rif will only explain a Halacha with the words כלומר or פירוש to offer specifically this interpreation over a possible alternative one that would be subject to some question.<ref>Yad Malachi (Klalei HaRif 19)</ref>
=== Rav Hai Gaon ===
# "The Gaon" in the Rif's jargon most probably refers to Rav Hai Gaon.<ref>Yad Malachi (Klalei HaRif 14). See Shem HaGedolim Maarechet Sofrim Kuntress Acharon Gimmel 2 and Sdei Chemed Klalei HaPoskim 3:7.</ref>
# When the Rif cites a ruling of Rav Hai Gaon without explicitly agreeing with it, the Raavad and Rosh believe that he is disagreeing, while the Ramban and Rashba argue he is agreeing since he didn't state otherwise. The Yad Malachi finds that the Rashba is more logical, a great number of Rishonim side with him on this matter, and the former opinion isn't so clear in the first place.<ref>Korban Netanel (Klalim 6), Yad Malachi (Klalei HaRif 13). This is related to general din of Omer Davar Beshem Omro holds that way unless stated otherwise, see Yad Malachi (Klalei HaTalmud Vav 245)</ref>
# After presenting a Machaloket, if the Rif concludes with citing Rav Hai Gaon as taking a certain side, that would indicates he agrees with that side, as well.<ref>Yad Malachi (Klalei HaRif 15)</ref>
=== Misc. ===
# There is controversy regarding the reliability and authorship of the Rif's responsa.<ref>Yad Malachi (Klalei HaRif 17)</ref>
# Rabbeinu Yitzchak ben Yaakov Alfasi, the Rif, had a grandson, Rav Yitzchak ben Reuven, who is known as the Baal HaShe'arim. Some Poskim weren't aware of this and mistakenly posed contradictions between the writings of the two.<ref>Yad Malachi (Klalei HaRif 20)</ref>


== Rambam ==
== Rambam ==