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Klalei HaPoskim: Difference between revisions
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=== Mishneh Torah === | === Mishneh Torah === | ||
==== General Approach ==== | |||
# In Mishneh Torah, the Rambam focuses on relaying rulings explicated in the Gemara in a lucid way, while leaving out rulings that can only be inferred but aren't stated explicitly.<ref>Yad Malachi (Klalei HaRambam 2)</ref> | # In Mishneh Torah, the Rambam focuses on relaying rulings explicated in the Gemara in a lucid way, while leaving out rulings that can only be inferred but aren't stated explicitly.<ref>Yad Malachi (Klalei HaRambam 2)</ref> | ||
# | # The Rambam's style is to write only what it says in the Gemara and not the interpretation, but his intention is to for the interpretation of the Gemara to be applied to his words, as well, though some disagree.<ref>Yad Malachi (Klalei HaRambam 24)</ref> | ||
# It's abnormal for the Rambam to omit a din dealt with explicitly in the Talmud and instead write a different idea not mentioned in the Talmud that implies the one mentioned explicitly.<ref>Yad Malachi (Klalei HaRambam 35)</ref> | # It's abnormal for the Rambam to omit a din dealt with explicitly in the Talmud and instead write a different idea not mentioned in the Talmud that implies the one mentioned explicitly.<ref>Yad Malachi (Klalei HaRambam 35)</ref> | ||
# Counts of the number of Perakim, Halachot, Mitzvot, etc are provided in Mishneh Torah to facilitate memorization, not to imply additional ideas.<ref>Introduction to Mishneh Torah, Yad Malachi (Klalei HaRambam 34)</ref> | # Counts of the number of Perakim, Halachot, Mitzvot, etc are provided in Mishneh Torah to facilitate memorization, not to imply additional ideas.<ref>Introduction to Mishneh Torah, Yad Malachi (Klalei HaRambam 34)</ref> | ||
# The Rambam will rule like a Halacha found in the Sifrei if it's not contradicted by the Talmud.<ref>Yad Malachi (Klalei HaRambam 9)</ref> | # The Rambam will rule like a Halacha found in the Sifrei if it's not contradicted by the Talmud.<ref>Yad Malachi (Klalei HaRambam 9)</ref> | ||
# Every word of the Rambam is written with tremendous precision and exactness, enough for one to infer from his words as one would from the Gemara itself.<ref>Yad Malachi (Klalei HaRambam 3)</ref> Similarly, the Maharalbach warns that one shouldn't rush to reject the Rambam for coming off as against the Gemara, but should rather pin the in-congruence on our own lack of understanding.<ref>Yad Malachi (Klalei HaRambam 26)</ref> | |||
# One cannot infer from the presentation of a ruling in one section of Mishneh Torah and its absence in another seemingly appropriate section that it only applies in one and not the other, as the Rambam's goal is to present the Talmud's rulings in their wording in their appropriate place. For example, a Halacha in Terumot that might also fit in Maachalot Assurot cannot be assumed to only apply in Terumot and not Maachalot Assurot given its presence in the former and absence in the latter. This is, however, a valid tool in reading other Poskim, such as the Tur.<ref>Yad Malachi (Klalei HaRambam 5)</ref> | |||
==== Writing Style ==== | |||
# The word Assur is used even when referring to Dinim MiDeoraita that would warrant Malkot.<ref>Yad Malachi (Klalei HaRambam 10)</ref> | # The word Assur is used even when referring to Dinim MiDeoraita that would warrant Malkot.<ref>Yad Malachi (Klalei HaRambam 10)</ref> | ||
# "MiPi HaShmua" refers to a Halacha whose source is not explicit in the Torah,<ref>Yad Malachi (Klalei HaRambam 39)</ref> and "MiPi HaKabbalah" refers to Halachot learned from Pesukim in Neviim.<ref>Yad Malachi (Klalei HaRambam 40)</ref> | # "MiPi HaShmua" refers to a Halacha whose source is not explicit in the Torah,<ref>Yad Malachi (Klalei HaRambam 39)</ref> and "MiPi HaKabbalah" refers to Halachot learned from Pesukim in Neviim.<ref>Yad Malachi (Klalei HaRambam 40)</ref> | ||
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# It is not uncommon for the Rambam to pin a ruling on a Pasuk not mentioned in or even rejected by the Gemara, because he felt it to be simpler or more acceptable, especially if there's no practical difference.<ref>Yad Malachi (Klalei HaRambam 4). See the Shut Rama MiFano Siman 108 he cites who says that the Rambam will often present a ruling borrowing the wording of one opinion but adjust it to match the other.</ref> | # It is not uncommon for the Rambam to pin a ruling on a Pasuk not mentioned in or even rejected by the Gemara, because he felt it to be simpler or more acceptable, especially if there's no practical difference.<ref>Yad Malachi (Klalei HaRambam 4). See the Shut Rama MiFano Siman 108 he cites who says that the Rambam will often present a ruling borrowing the wording of one opinion but adjust it to match the other.</ref> | ||
# In a few places, the Rambam employs a Talmudic phrase to mean something different from what it does in the Talmud.<ref>Yad Malachi (Klalei HaRambam 38)</ref> | # In a few places, the Rambam employs a Talmudic phrase to mean something different from what it does in the Talmud.<ref>Yad Malachi (Klalei HaRambam 38)</ref> | ||
# | |||
==== Connections to Other Works ==== | |||
# Though the Rambam never relies in Mishneh Torah on what he already wrote in Peirush HaMishnayot, he does rely on what he wrote in earlier sections of Mishneh Torah, and perhaps even later ones, or, at least, in that chapter.<ref>Yad Malachi (Klalei HaRambam 6, 37)</ref> | |||
# When a contradiction is found between the Perush HaMishnayot and the Mishneh Torah, the Halacha follows Mishneh Torah, which was written later and as a set of rulings, not a set of elucidations of the Mishnah.<ref>Yad Malachi (Klalei HaRambam 1)</ref> | |||
=== Sefer HaMitzvot === | === Sefer HaMitzvot === | ||
