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Klalei HaPoskim: Difference between revisions
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→Tur: borrowed language of rishonim, ken katav, nireh li
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# 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> | ||
# 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> | # 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> | ||
# 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> | === 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> | |||
# When writing how a Rishon concurs with a statement, the Tur will use the language "Al Derech Zeh Katav HaRambam" to means that it's not exactly the Rishon's Shitah, but similar - i.e. there are some differences. "Ken Katav HaRambam" is an indication the Rishon entertains the same position.<ref>Yad Malachi (Klalei HaTur 12)</ref> | |||
# The Tur himself concurs with a previously stated ruling when he writes "Nireh Li" to introduce the next idea, while the language "Li Nireh" introduces his own dissenting opinion.<ref>Yad Malachi (Klalei HaTur 13)</ref> | |||
=== Stam vaYesh and Yesh veYesh === | === Stam vaYesh and Yesh veYesh === | ||
# In line with the general rule, know colloquially as "Yesh veYesh Halacha KeYesh Batra," the Acharonim write how one should follow the last of a series of positions presented by the Tur. The Yad Malachi<ref>Yad Malachi (Klalei HaTur 5)</ref> adds how this is also written regarding the Rif, the Tur's understanding of the Rosh, and the Samag, but he notes how the Beit Yosef takes contradictory approaches to this with respect to the Rosh. In the Tur, this is true when it's "Yesh Omrim... veYesh Omrim..." or "So and so says this, ''and'' so and so says that;" however, If it's a case of "Stam vaYesh, then the Halacha follows the Stam<ref>Korban Netanel (Klalim 5)</ref> | # In line with the general rule, know colloquially as "Yesh veYesh Halacha KeYesh Batra," the Acharonim write how one should follow the last of a series of positions presented by the Tur. The Yad Malachi<ref>Yad Malachi (Klalei HaTur 5)</ref> adds how this is also written regarding the Rif, the Tur's understanding of the Rosh, and the Samag, but he notes how the Beit Yosef takes contradictory approaches to this with respect to the Rosh. In the Tur, this is true when it's "Yesh Omrim... veYesh Omrim..." or "So and so says this, ''and'' so and so says that;" however, If it's a case of "Stam vaYesh, then the Halacha follows the Stam<ref>Korban Netanel (Klalim 5)</ref> | ||
