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Klalei HaTalmud: Difference between revisions

From Halachipedia
(→‎Deciding Machloket: ein halacha keshitah)
(→‎Rav Yochanan and Other Amoraim: rav acha and ravina)
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==== Rav Yochanan and Other Amoraim ====
==== Rav Yochanan and Other Amoraim ====
# Rav Yochanan vs. R' Yose bar Chanina is a Machaloket, the [[Rosh]]<ref>Rosh Bava Kamma 4:4. The Yad Malachi (Klalei HaTalmud 570) discusses the contradiction in the Rosh: in Bava Kamma he considers R' Yose bar Chanina to be Rav Yochanan's student, while elsewhere he considers R' Yose bar Chanina to be older than Rav Yochanan. Some suggest there were two R' Yose bar Chanina's, but he's not convinced. See Maharitz Chayut Bava Kamma 39a.</ref> and many others claim one should follow Rav Yochanan, as he was the latter's rebbe, while the [[Rambam]]<ref>Rambam (Hilchot Nizkei Mammon 6:3)</ref> follows R' Yose bar Chanina, because he was "lan be'umka dedina" (very deeply engrossed in Din).<ref>Bava Kamma 39a</ref>
# Rav Yochanan vs. R' Yose bar Chanina is a Machaloket, the [[Rosh]]<ref>Rosh Bava Kamma 4:4. The Yad Malachi (Klalei HaTalmud 570) discusses the contradiction in the Rosh: in Bava Kamma he considers R' Yose bar Chanina to be Rav Yochanan's student, while elsewhere he considers R' Yose bar Chanina to be older than Rav Yochanan. Some suggest there were two R' Yose bar Chanina's, but he's not convinced. See Maharitz Chayut Bava Kamma 39a.</ref> and many others claim one should follow Rav Yochanan, as he was the latter's rebbe, while the [[Rambam]]<ref>Rambam (Hilchot Nizkei Mammon 6:3)</ref> follows R' Yose bar Chanina, because he was "lan be'umka dedina" (very deeply engrossed in Din).<ref>Bava Kamma 39a</ref>
==== Rav Acha and Ravina ====
# In Kol HaTorah Kullah, whenever the Gemara presents a dispute between Rav Acha and Ravina, it won't match the names to the opinions but rather say "Chad Amar X veChad Amar Y" (one says X and the other says Y). We assume that Ravina is always the identifiable with the lenient view except for three cases discussed in Chullin Perek Gif HaNasheh, where Rav Acha takes the lenient position. In all instances, the Halacha follows the lenient view, unless stated otherwise explicitly.<ref>Pesachim 74b, Chullin 93b, Gilyon HaShas ad loc, Halichot Olam 5:2:6. Yad Malachi (Klalei HaTalmud 561) points out how almost all Rishonim agree, but the Mordechai says that Rav Acha is usually the lenient one and Ravina the stringent one. He surmises it's either a copyists error or the Mordechai had a different girsa of our gemara. Note Matnat Yado footnote 97 that this was also the Raavan and Raavayah's girsa.</ref>
# According to some, this rule only applies when only Rav Acha and Ravina are mentioned. If other Amoraim weigh in, this rule is inapplicable,<ref>Halichot Olam 5:2:6 and Klalei HaGemara ad loc. See Yavin Shemua ad loc for additional interpretations of this caveat.</ref> whereas others disagree.<ref>Yad Malachi (Klalei HaTalmud 562)</ref>
# In monetary matters, the borrower's benefit is considered the lenient view.<ref>Klalei HaGemara 5:2:6. Note Yad Malachi (Klalei HaTalmud 563 might be disagreeing with this based on a Ran.</ref>
# Some consider is distasteful to rely on this for prohibitions related to food.<ref>Yad Malachi (Klalei HaTalmud 564).</ref>
==== Double Machaloket ====
==== Double Machaloket ====
# When Rav Yochanan and Resh Lakish dispute Rami Bar Chammah and Rav Yirmiyah, the Halacha follows the former group.<ref>Yad Malachi (Klalei HaTalmud 301)</ref>
# When Rav Yochanan and Resh Lakish dispute Rami Bar Chammah and Rav Yirmiyah, the Halacha follows the former group.<ref>Yad Malachi (Klalei HaTalmud 301)</ref>