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Klalei HaTalmud: Difference between revisions
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==== Rav and Shmuel ==== | ==== Rav and Shmuel ==== | ||
# When Rav and Shmuel debate, the Halacha follows Rav in ritual law (Issur veHetter) and Shmuel in monetary matters ( | # When Rav and Shmuel debate, the Halacha follows Rav in ritual law ([[Issur veHetter]]) and Shmuel in monetary matters ([[Dinei Mammonot]]).<ref>Menachot 41b</ref> | ||
# According to the Rosh, this is true only if the majority of Amoraim don't side with either Rav or Shmuel, in which case, we would just follow the majority, while Tosafot believe it to be true in any case.<ref>Korban Netanel (Klalim 16)</ref> | # According to the [[Rosh]], this is true only if the majority of Amoraim don't side with either Rav or Shmuel, in which case, we would just follow the majority, while Tosafot believe it to be true in any case.<ref>Korban Netanel (Klalim 16)</ref> | ||
# If Shmuel himself elucidates the Mishnah according to Rav's position in a case of monetary matters, then the Halacha follows Rav even in that case.<ref>Korban Netanel (Klalim 14)</ref> | # If Shmuel himself elucidates the Mishnah according to Rav's position in a case of monetary matters, then the Halacha follows Rav even in that case.<ref>Korban Netanel (Klalim 14)</ref> | ||
# If a later Amora elucidates Shmuel's opinion in a matter of Issur veHetter, the Rif takes it to mean we pasken like Shmuel, while the Rosh argues that there's no proof. It's normal for later Amoraim to elucidate the words of earlier ones, so it's not a test for whose position is accepted.<ref>Korban Netanel (Klalim 17)</ref> | # If a later Amora elucidates Shmuel's opinion in a matter of Issur veHetter, the [[Rif]] takes it to mean we pasken like Shmuel, while the [[Rosh]] argues that there's no proof. It's normal for later Amoraim to elucidate the words of earlier ones, so it's not a test for whose position is accepted.<ref>Korban Netanel (Klalim 17)</ref> | ||
==== Rav and Rabbi Yochanan ==== | ==== Rav and Rabbi Yochanan ==== | ||
# Rav vs. Rabbi Yochanan, the Halacha follows Rabbi Yochanan.<ref>Yad Malachi (Klalei HaTalmud 556)</ref> | # Rav vs. Rabbi Yochanan, the Halacha follows Rabbi Yochanan.<ref>Yad Malachi (Klalei HaTalmud 556)</ref> | ||
# According to the Rif, this rule only applies with Rabbi Yochanan only disputes Rav's position, but if he's disputing both Rav and Shmuel, then the Halacha follows Rav and Shmuel, whereas the Rosh rules that the rule is true in any case.<ref>Korban Netanel (Klalim 15), Yad Malachi (Klalei HaTalmud 556)</ref> | # According to the [[Rif]], this rule only applies with Rabbi Yochanan only disputes Rav's position, but if he's disputing both Rav and Shmuel, then the Halacha follows Rav and Shmuel, whereas the [[Rosh]] rules that the rule is true in any case.<ref>Korban Netanel (Klalim 15), Yad Malachi (Klalei HaTalmud 556)</ref> | ||
==== Double Machaloket ==== | ==== Double Machaloket ==== | ||
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==== Maaseh Rav ==== | ==== Maaseh Rav ==== | ||
# The Rif follows a Stam Mishnah over a Maaseh Rav, while the Rosh argues the Halacha follows a Maaseh Rav over Klalim like Stam Mishnah, R' Yochanan vs. Rav, and Halacha keRabban Shimon Ben Gamliel BeMishnatenu.<ref>Korban Netanel (Klalim 8)</ref> | # The [[Rif]] follows a Stam Mishnah over a Maaseh Rav, while the [[Rosh]] argues the Halacha follows a Maaseh Rav over Klalim like Stam Mishnah, R' Yochanan vs. Rav, and Halacha keRabban Shimon Ben Gamliel BeMishnatenu.<ref>Korban Netanel (Klalim 8)</ref> | ||
==== Hilcheta KeVatrai ==== | |||
# The [[Rambam]] rules like the later Amora even if the earlier one's are the majority.<ref>Yad Malachi (Klalei HaTalmud 169)</ref> | |||
==Further Reading== | ==Further Reading== | ||
