Anonymous

Klalei HaPoskim: Difference between revisions

From Halachipedia
m
(→‎Talmud Bavli and Yerushalmi: stirahs between bavli, zohar, and yerushalmi)
Line 2: Line 2:
In order to be privy to the nuances and mindsets of the Poskim, it is advantageous to understand the Klalim relevant to the Poskim, from the two Talmuds through the Rishonim to the Shulchan Aruch. The Machon Yerushalayim edition of the Yad Malachi is particularly helpful for this, as the Yad Malachi is fantastic for collecting all the ideas mentioned throughout Halachic literature and the footnotes add many additional sources from those who came before and after him, as well as direct quotations of sources.
In order to be privy to the nuances and mindsets of the Poskim, it is advantageous to understand the Klalim relevant to the Poskim, from the two Talmuds through the Rishonim to the Shulchan Aruch. The Machon Yerushalayim edition of the Yad Malachi is particularly helpful for this, as the Yad Malachi is fantastic for collecting all the ideas mentioned throughout Halachic literature and the footnotes add many additional sources from those who came before and after him, as well as direct quotations of sources.
==Talmud Bavli and Yerushalmi==
==Talmud Bavli and Yerushalmi==
# When the Talmud and Zohar contradict, the Radbaz (Siman 1111) is well known for positing that one should follow the Talmud and Poskim.<ref>Yad Malachi (Klalei Shnei HaTalmudim 1), See Kenesset HaGedolah (Klalei HaPoskim 1), see Radbaz (Siman 1151), Chacham Tzvi vol. 1 Siman 36, Shaarei Teshuvah (Orach Chaim 25:14), Kaf HaChaim (Orach Chaim 25:75), Sdei Chemed (Klalei HaPoskim 2:12), Shu"t Afarseka deAnya 2:101, Keter Rosh at the end Siman 15, Mishnah Berurah 3:11</ref>
# When the Talmud and Zohar contradict, the Radbaz (Siman 1111) is well known for positing that one should follow the Talmud and Poskim.<ref>Yad Malachi (Klalei Shnei HaTalmudim 1), See Kenesset HaGedolah (Klalei HaPoskim 1), see Radbaz (Siman 1151), Chacham Tzvi vol. 1 Siman 36, Magen Avraham 25:20, Shaarei Teshuvah (Orach Chaim 25:14),  Shulchan Aruch HaRav Orach Chaim 25:28, Kaf HaChaim (Orach Chaim 25:75), Sdei Chemed (Klalei HaPoskim 2:12), Shu"t Afarseka deAnya 2:101, Keter Rosh at the end Siman 15, Mishnah Berurah 3:11, Yabia Omer (vol. 2 Orach Chaim 25:12), [http://www.hebrewbooks.org/pdfpager.aspx?req=14520&pgnum=23 Tzitz Eliezer (vol. 21 Siman 5)], Gevurat HaAri (R' Yaakov Hillel), Kuntress Yirat HaHoraah printed in the back of the new Mekavtziel of the Ben Ish Chai</ref>
# Since the Talmud Bavli was written after the Talmud Yeroshalmi, its codifiers were able to filter out the points they didn't think were accepted. As such, when the two contradict, we follow the Talmud Bavli, and some say we should never even be concerned for the Yerushalmi's statements altogether for this reason.<ref>Yad Malachi (Klalei Shnei HaTalmudim 1). See Maharatz Chayut Taanit 16a, Darkei Horaah vol. 2, Imrei Binah Siman 2 in the Hagah, Pachad Yitzchak "Gemara Bavlit"</ref>
# Since the Talmud Bavli was written after the Talmud Yeroshalmi, its codifiers were able to filter out the points they didn't think were accepted. As such, when the two contradict, we follow the Talmud Bavli, and some say we should never even be concerned for the Yerushalmi's statements altogether for this reason.<ref>Yad Malachi (Klalei Shnei HaTalmudim 1). See Maharatz Chayut Taanit 16a, Darkei Horaah vol. 2, Imrei Binah Siman 2 in the Hagah, Pachad Yitzchak "Gemara Bavlit"</ref>