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Klalei HaPsak (Halachic Decision Making): Difference between revisions
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==Talmud Bavli and Yerushalmi== | |||
== Geonim == | |||
# The term "Geonim" generally refers to those who lived between the Savoraim and the Rif, though the institution of Geonim did extend beyond then. Some say that the term Gaon is short for "Rosh Yeshivat Gaon Yaakov,"<ref>https://www.jewishvirtuallibrary.org/gaon</ref> while others claim it was reserved for those who were experts in all sixty Masechtot of Shas, corresponding to the Gematria of גאון.<ref>Yad Malachi (Klalei HaGeonim 1)</ref> | |||
# The monograph on Hilchot Tefillin from the times of the Geonim is claimed by some to be super authoritative, as "the words of the Geonim are tradition" (דבריהם דברי קבלה) in that they had access to the first edition of Talmud Bavli, which was clearer than ours. At the same time, a number of Rishonim poke holes in the work and argue it shouldn't be followed when it contradicts Talmud Bavli.<ref>Yad Malachi (Klalei HaGeonim 2)</ref> | |||
== Bahag (Ba'al Halachot Gedolot) == | |||
==Rif== | |||
== Rambam == | == Rambam == | ||
# 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> | # 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> | ||
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# 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> | # 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> | ||
==Ra'avad== | |||
==Rashi== | |||
==Tosafot== | |||
== Shulchan Aruch == | == Shulchan Aruch == | ||
== Sources== | == Sources== | ||
<references/> | <references/> | ||
