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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>
==Ra'avad==
[https://en.wikipedia.org/wiki/RABaD Disambiguation]: It's important to be aware that there are three individuals known as the Ra'avad: R' Avraham ibn Daud of Spain, author of Sefer HaKabbalah; R' Avraham ben Yitzchak Av Beit Din of Narbonne, who wrote the Sefer HaEshkol; his son in law, and R' Avraham ben David of Posquières, author of the Hasagot on the Baal HaMaor and Rambam, Baalei HaNefesh, and quoted extensively by Rishonim.<ref>See Shach Choshen Mishpat 39:2</ref> Here, we also refer to the third one.
# In a dispute between the Rambam and Ra'avad, some argue the Halacha should be treated as a Safek, while others favor the Ra'avad when he is more stringent than the Rambam, and still others are willing to be lenient like the Ra'avad against the Rambam.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 41)</ref>
# When the Ra'avad presents a dissenting opinion with the opening of "Yesh Mi SheOmer," the Tur seems to think he actually paskens that way, but the Beit Yosef does not.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 42)</ref>
# In his inimitable style, the Ra'avad's critiques of the Rambam should not be seen as personal attacks to belittle the Rambam but rather as means of raising the red flag to warn people not to follow the rulings he felt the Rambam was mistaken in presenting.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 42)</ref>
# Neither the Rambam's Perush HaMishnayot nor Moreh Nevuchim were present before the Ra'avad, as they had not yet been translated from Arabic to Hebrew.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 43, 44)</ref>
# "Gedolei HaMefarshim" and "Gedolei HaMagihim" refer to the Ra'avad.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 45)</ref>


== Sefer Mitzvot Gadol (Semag / Samag) ==
== Sefer Mitzvot Gadol (Semag / Samag) ==
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