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Klalei HaPsak (Halachic Decision Making): Difference between revisions
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Revision as of 12:15, 7 February 2018
, 7 February 2018→Rambam: Im Timtzi Lomar part 2
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# 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> | ||
# 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> | ||
# When the Gemara presents more specific arguments predicated on accepting one of two possible assumptions - "Im Timtzi Lomar" - the Geonim and Rambam understand that the Halacha assumes like that assumption.<ref>Yad Malachi (Klalei HaRambam 13)</ref> Some say this is only true if the Gemara did not leave the very same uncertainty pending with a "Tiku" elsewhere, while others argue the opposite.<ref>Yad Malachi (Klalei HaRambam 14)</ref> | # When the Gemara presents more specific arguments predicated on accepting one of two possible assumptions - "Im Timtzi Lomar" - the Geonim and Rambam understand that the Halacha assumes like that assumption.<ref>Yad Malachi (Klalei HaRambam 13)</ref> Some say this is only true if the Gemara did not leave the very same uncertainty pending with a "Tiku" elsewhere, while others argue the opposite.<ref>Yad Malachi (Klalei HaRambam 14)</ref> The two levels of the Im Timtzi Lomar cannot be interchangeable, meaning if assuming A over B and then asking C over D is equivalent to assuming C over D and then asking A over B, this rule does not apply for the Rambam.<ref>Yad Malachi (Klalei HaRambam 115)</ref> The words must also be explicit in the text of the Gemara, so two subsequent questions, one building on the previous, would not be subject to this rule.<ref>Yad Malachi (Klalei HaRambam 16)</ref> | ||
==Ra'avad== | ==Ra'avad== | ||
