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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>
== Sefer Mitzvot Gadol (Semag / Samag) ==
# When quoting the Gemara, the Samag will often paraphrase to make the language flow more quickly.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 52)</ref>
# The Samag draws heavily from the Rambam for the most part<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 46)</ref> and entirely from his teacher, the Sefer HaTerumah, whose Maftechot he copied letter for letter.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 47)</ref> When in agreement with the Rambam, he writes so implicitly, and he only disagrees when out-rightly quoting the Rambam by name.<ref>So much so that the Sdei Chemed is willing to use the Samag to ascertain the correct text of the Rambam when the former doesn't disagree with the latter explicitly. Yad Malachi (Klalei HaRambam Ra'avad veSamag 48) and footnotes there.</ref>
# At the same time, most of his words are based on the Tosafot Shanz, and, for some reason, he does not seem to have seen the Tosafot Tuch.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 50)</ref>
# The Bach says the Samag's way is to rule like the Ri Baal HaTosafot.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 46)</ref>
# There's a debate if the Samag saw the Rambam's Sefer HaMitzvot or parts of it.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 51) and footnotes there</ref>


==Rashi==
==Rashi==
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