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Klalei HaPoskim: Difference between revisions

From Halachipedia
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# The monograph on Hilchot Tefillin from the times of the Geonim is claimed by some to be super authoritative, as "the words of the Geonim are tradition" (דבריהם דברי קבלה) in that they had access to the first edition of Talmud Bavli, which was clearer than ours. At the same time, a number of Rishonim poke holes in the work and argue it shouldn't be followed when it contradicts Talmud Bavli.<ref>Yad Malachi (Klalei HaGeonim 2)</ref>
# The monograph on Hilchot Tefillin from the times of the Geonim is claimed by some to be super authoritative, as "the words of the Geonim are tradition" (דבריהם דברי קבלה) in that they had access to the first edition of Talmud Bavli, which was clearer than ours. At the same time, a number of Rishonim poke holes in the work and argue it shouldn't be followed when it contradicts Talmud Bavli.<ref>Yad Malachi (Klalei HaGeonim 2)</ref>
== Bahag (Ba'al Halachot Gedolot) ==
== Bahag (Ba'al Halachot Gedolot) ==
# Often times, the Rishonim will disagree with the Bahag but conclude in favor of his ruling anyway, even if it's illogical, because "Devarav Divrei Kabbalah Hem." Because of the tradition stemming from the Amoraim, through the Savoraim, to him, the Bahag is granted special authority when the Gemara does not explicitly say otherwise; however, if the Rishonim feel the Gemara contradicts his words, then they freely disagree in practice, as well.<ref>Yad Malachi (Klalei Bahag 3)</ref>
# The Rishonim are uncertain if the Halachot Gedolot was authored by Rav Yehudai Gaon, who was blind, or by Rav Shimon Kayyara. Illogical rulings could be pinned on the former's students misinterpretating their rebbe's words when writing his sefer.<ref>Yad Malachi (Klalei Bahag 4)</ref>
==Rif==
==Rif==
== Rambam ==
== Rambam ==