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Klalei HaPsak (Halachic Decision Making): Difference between revisions

From Halachipedia
→‎Rambam: finish off yad malachi
(→‎Rambam: greatness of the rambam, yachid to tosafot, inconsistent classifications, and paskening like one sevara against another)
(→‎Rambam: finish off yad malachi)
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# Seldom does the Rambam disagree with the Rif, so one should not assume so unless there are already a great number of Rishonim for him to side with.<ref>Yad Malachi (Klalei HaRambam 29)</ref>
# Seldom does the Rambam disagree with the Rif, so one should not assume so unless there are already a great number of Rishonim for him to side with.<ref>Yad Malachi (Klalei HaRambam 29)</ref>
# If the Gemara presents two opposite understandings and then rejects on, the Rambam will formulate it in a way that accepts the accepted one and implies the rejection of the rejected one.<ref>Yad Malachi (Klalei HaRambam 31)</ref>
# If the Gemara presents two opposite understandings and then rejects on, the Rambam will formulate it in a way that accepts the accepted one and implies the rejection of the rejected one.<ref>Yad Malachi (Klalei HaRambam 31)</ref>
# Often times, answers presented in the Gemara in rejection of a difficulty are omitted by the Rambam in favor of the simple meaning of the Mishnah, Baraita, or Amoraic statement.<ref>Yad Malachi (Klalei HaRambam 33)</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>
# 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>
#  In Perush HaMishnayot, wherever there is an opinion that misleadingly seems to be the minority one but is, in fact, the one the Halacha follows, the Rambam will buttress that opinion by writing of its truth or singularity or the like to indicate that the Halacha does indeed follow it.<ref>Yad Malachi (Klalei HaRambam 36)</ref>


==Ra'avad==
==Ra'avad==