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Klalei HaPsak (Halachic Decision Making): Difference between revisions

From Halachipedia
→‎Ra'avad: Yad Malachi Klalei Raavad
(→‎Rambam: mipi kabbalah, shmua, and more)
(→‎Ra'avad: Yad Malachi Klalei Raavad)
Line 42: Line 42:


==Ra'avad==
==Ra'avad==
# In a dispute between the Rambam and Ra'avad, some argue the Halacha should be treated as a Safek, while others favor the Ra'avad when he is more stringent than the Rambam, and still others are willing to be lenient like the Ra'avad against the Rambam.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 41)</ref>
# When the Ra'avad presents a dissenting opinion with the opening of "Yesh Mi SheOmer," the Tur seems to think he actually paskens that way, but the Beit Yosef does not.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 42)</ref>
# In his inimitable style, the Ra'avad's critiques of the Rambam should not be seen as personal attacks to belittle the Rambam but rather as means of raising the red flag to warn people not to follow the rulings he felt the Rambam was mistaken in presenting.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 42)</ref>
# Neither the Rambam's Perush HaMishnayot nor Moreh Nevuchim were present before the Ra'avad, as they had not yet been translated from Arabic to Hebrew.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 43, 44)</ref>
# "Gedolei HaMefarshim" and "Gedolei HaMagihim" refer to the Ra'avad.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 45)</ref>
==Rashi==
==Rashi==
==Tosafot==
==Tosafot==