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Klalei HaPoskim: Difference between revisions
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== Tur == | == Tur == | ||
# Like his father the Rosh, the Tur only discusses matters that are relevant to Halacha.<ref>Yad Malachi (Klalei HaTur 1)</ref> | # Like his father the Rosh, the Tur only discusses matters that are relevant to Halacha.<ref>Yad Malachi (Klalei HaTur 1)</ref> Moreover, only cases mentioned or hinted to in the Talmud are discussed in the Tur.<ref>Yad Malachi (Klalei HaTur 14)</ref> | ||
=== Writing Style === | === Writing Style === | ||
# Some say that if the Tur omits a Halacha from its appropriate context, one cannot infer that he still accepts it based on a Halacha written in a different context of the Tur, because this is its proper place. For example, if a certain Halacha about lighting Shabbat candles doesn't appear in the Siman about candlelighting, one cannot infer it based on a Halacha in a different, unrelated Siman. Others disagree.<ref>Yad Malachi (Klalei HaTur 3) and Matnat Yado fn. 4</ref> At the same time, some say the Tur will directly quote the Rambam or a different Rishon's articulation of a ruling, though he himself does not completely subscribe to the ruling and all its details, because he's relying on having written his own view in a different location.<ref>Yad Malachi (Klalei HaTur 11)</ref> | # Some say that if the Tur omits a Halacha from its appropriate context, one cannot infer that he still accepts it based on a Halacha written in a different context of the Tur, because this is its proper place. For example, if a certain Halacha about lighting Shabbat candles doesn't appear in the Siman about candlelighting, one cannot infer it based on a Halacha in a different, unrelated Siman. Others disagree.<ref>Yad Malachi (Klalei HaTur 3) and Matnat Yado fn. 4</ref> At the same time, some say the Tur will directly quote the Rambam or a different Rishon's articulation of a ruling, though he himself does not completely subscribe to the ruling and all its details, because he's relying on having written his own view in a different location.<ref>Yad Malachi (Klalei HaTur 11)</ref> | ||
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# If the verbiage is of the formulation "LeDaat Ploni Assur u'leDaat Ploni Muttar," this rule does not apply.<ref>Yad Malachi (Klalei HaTur 8)</ref> | # If the verbiage is of the formulation "LeDaat Ploni Assur u'leDaat Ploni Muttar," this rule does not apply.<ref>Yad Malachi (Klalei HaTur 8)</ref> | ||
# Independently of the "Yesh veYesh" rule, if the Tur writes "Aval" to introduce an additional position, it's an indication that this is the opinion he accepts.<ref>Yad Malachi (Klalei HaTur 9)</ref>. However, if he elucidates the reasoning of the first opinion before introducing the second, there's firm reason to believe he leans towards the first one as primary. This Klal also has import in understanding the position of the Beit Yosef when he records debates among the Rishonim.<ref>Yad Malachi (Klalei HaTur 10)</ref> | # Independently of the "Yesh veYesh" rule, if the Tur writes "Aval" to introduce an additional position, it's an indication that this is the opinion he accepts.<ref>Yad Malachi (Klalei HaTur 9)</ref>. However, if he elucidates the reasoning of the first opinion before introducing the second, there's firm reason to believe he leans towards the first one as primary. This Klal also has import in understanding the position of the Beit Yosef when he records debates among the Rishonim.<ref>Yad Malachi (Klalei HaTur 10)</ref> | ||
=== When Quoting Baalei HaTosafot === | |||
# If the position of the Rashba quoted by the Tur contradicts what the Rashba himself writes in his Sefarim, the former is actually the Rash MiShantz, not Rav Shlomo Ben Aderet.<ref>Yad Malachi (Klalei HaTur 2)</ref> | |||
=== When Quoting the Rosh === | === When Quoting the Rosh === | ||
# When the Tur writes "My father decided this way" based on proofs, then the idea has import to other topics, as well, while "This is my father's conclusion" does not.<ref>Perishah Choshen Mishpat 182:14, Korban Netanel (Klalim 4)</ref> | # When the Tur writes "My father decided this way" based on proofs, then the idea has import to other topics, as well, while "This is my father's conclusion" does not.<ref>Perishah Choshen Mishpat 182:14, Korban Netanel (Klalim 4)</ref> | ||
# The Tur always follows his father's view when he writes "And my master, my father wrote this way, as well" (כן כתב אדוני אבי הרא"ש). As above, in general, he follows the last position presented in a series of opinions, unless the first opinion was written anonymously. This is in line with the common rules of "Yesh veYesh" always following the last one and "Stam vaYesh Halacha KeStam."<ref>Korban Netanel (Klalim 5)</ref> | # The Tur always follows his father's view when he writes "And my master, my father wrote this way, as well" (כן כתב אדוני אבי הרא"ש). As above, in general, he follows the last position presented in a series of opinions, unless the first opinion was written anonymously. This is in line with the common rules of "Yesh veYesh" always following the last one and "Stam vaYesh Halacha KeStam."<ref>Korban Netanel (Klalim 5)</ref> | ||
=== Misc. === | |||
# The Tur only had Torat HaBayit HaKatzar, not Aruch.<ref>Yad Malachi (Klalei HaTur 15)</ref> | |||
== Maggid Mishneh == | == Maggid Mishneh == | ||
