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Klalei HaPoskim: Difference between revisions

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# Even though Tosafot often poses a question with "Im Tomar" and answers it with "Yesh Lomar," there are instances where the question will be asked in the formal manner but left unanswered.<ref>Yad Malachi (Klalei Tosafot 12)</ref>
# Even though Tosafot often poses a question with "Im Tomar" and answers it with "Yesh Lomar," there are instances where the question will be asked in the formal manner but left unanswered.<ref>Yad Malachi (Klalei Tosafot 12)</ref>
# If the primary answer presented to Tosafot's question suffers from a difficulty, an alternative answer will often be offered, prefaced by "הבה מצי לשנויי" or "הבה מצי לתרץ", that isn't subject to the other answers difficulty. This alternative answer, however, is not accepted, as it itself is vulnerable to a much greater challenge, which only the primary answer is safe from. In other words, if the main answer isn't perfect, another, weaker answer that resolves the difficulty with that answer will be suggested but not accepted, because it's subject to much stronger questions.<ref>Yad Malachi (Klalei Tosafot 19)</ref>
# If the primary answer presented to Tosafot's question suffers from a difficulty, an alternative answer will often be offered, prefaced by "הבה מצי לשנויי" or "הבה מצי לתרץ", that isn't subject to the other answers difficulty. This alternative answer, however, is not accepted, as it itself is vulnerable to a much greater challenge, which only the primary answer is safe from. In other words, if the main answer isn't perfect, another, weaker answer that resolves the difficulty with that answer will be suggested but not accepted, because it's subject to much stronger questions.<ref>Yad Malachi (Klalei Tosafot 19)</ref>
# In instances where two answers are offered without quoting one of the Baalei HaTosafot by name, the second answer will only be prefaced with "ועוד" if it doesn't directly contradict the previous one. If the first answer is by a named Baal HaTosafot, though, then the word "ועוד" would be appropriate regardless of the answer, to indicate that this answer is also from the aforementioned Baal HaTosafot.<ref>Yad Malachi (Klalei Tosafot 23)</ref>
# In terms of deciding which of two answers to follow, the Sheyarei Kenesset HaGedolah<ref>Klalei HaPoskim 19</ref> claims the first answer is ikar; the Chazon Nachum disagrees.<ref>Yad Malachi (Klalei Tosafot 24). Matnat Yado fn 52 has a whole list of those who agree, including Sdei Chemed (Klalei HaPoskim 9:2, Yabia Omer vol. 8 Orach Chaim vol. 4), and Taharat HaBayit vol. 3 2 page 551. See also Sdei Chamed (ibid 9:3-6) about if the answers are flipped elsewhere or if only one is presented.</ref>


=== Authorship ===
=== Authorship ===