1,988
edits
Klalei HaPoskim: Difference between revisions
From Halachipedia
→Rif: HaGaon
MordechaiD (talk | contribs) (→Rif: omer beshom omro) |
MordechaiD (talk | contribs) (→Rif: HaGaon) |
||
| Line 18: | Line 18: | ||
# 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> | # 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> | # 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> | ||
# When the Rif cites a ruling of Rav Hai Gaon without explicitly agreeing with it, the Raavad and Rosh believe | === 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 Rashba argues 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>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> | |||
== Rambam == | == Rambam == | ||
