Klalei HaTalmud: Difference between revisions
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=== Tannaim === | === Tannaim === | ||
==== Talmidei Rabbi Akiva (R' Meir, R' Yehudah, R' Shimon, and R' Yose) ==== | ==== Talmidei Rabbi Akiva (R' Meir, R' Yehudah, R' Shimon, and R' Yose) ==== | ||
# Rabbi Meir vs. Rabbi Yehuda, the Halacha follows Rabbi Yehuda. <ref>Eruvin 45a</ref> | # Rabbi Meir vs. Rabbi Yehuda, the Halacha follows Rabbi Yehuda.<ref>Eruvin 45a</ref> | ||
# "רבי יוסי נמוקו עמו" - R' Yose's reasoning is with him,<ref>Gittin 67b</ref> meaning the Halacha follows him when he disagrees with other Tannaim. Many assume this is only when R' Yose is disagreeing with an individual Tanna, not a majority, while others think that's not so obvious.<ref>Halichot Olam (5:1:1). Yad Malachi (Klalei HaTalmud 430) thinks that all the Rishonim clearly state or assume that the rule is not true by a majority, but many Acharonim, such as the Chida disagreed with him.</ref> For these purposes, a Stam Mishnah would be considered a majority.<ref>Yad Malachi (Klalei HaTalmud 431)</ref> | # "רבי יוסי נמוקו עמו" - R' Yose's reasoning is with him,<ref>Gittin 67b</ref> meaning the Halacha follows him when he disagrees with other Tannaim. Many assume this is only when R' Yose is disagreeing with an individual Tanna, not a majority, while others think that's not so obvious.<ref>Halichot Olam (5:1:1). Yad Malachi (Klalei HaTalmud 430) thinks that all the Rishonim clearly state or assume that the rule is not true by a majority, but many Acharonim, such as the Chida disagreed with him.</ref> For these purposes, a Stam Mishnah would be considered a majority.<ref>Yad Malachi (Klalei HaTalmud 431)</ref> | ||
