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Klalei HaTalmud: Difference between revisions
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# The Halacha follows Rabbi Yehuda HaNassi, colloquially known as "Rebbi," against another Tanna, but not against a group of them.<ref>Eruvin 46b</ref> | # The Halacha follows Rabbi Yehuda HaNassi, colloquially known as "Rebbi," against another Tanna, but not against a group of them.<ref>Eruvin 46b</ref> | ||
# The Rif and Rosh point out that this is not true when Rebbi disagrees with his father, Rabban Shimon ben Gamliel.<ref>Korban Netanel (Klalim 11)</ref> | # The Rif and Rosh point out that this is not true when Rebbi disagrees with his father, Rabban Shimon ben Gamliel.<ref>Korban Netanel (Klalim 11)</ref> | ||
==== Rabbi Shimon ben Elazar ==== | |||
# [[Yerushalmi]] that states that the Halacha follows Rabbi Shimon ben Elazar in "Shabbat," "Avodah Zarah," and "Avel," and there are different levels of specificity given when listing them - the general categories, specific sections of those categories, or a particular case in each of them.<ref>Ba'al Halachot Gedolot (Siman 21 s.v. Amar Rav Menashya) specifies the Perakim "Klal Gadol" and "Lifnei Eideihem" in Shabbat and Avodah Zarah, respectively. With respect to Shabbat, the Yad Malachi (Klalei HaTalmud 88) finds many difficulties with accepting this Bahag's limitation, as a number of Stam Mishnayot are opposed to R' Shimon ben Elazar in that Perek. He suggests, therefore, that it really should read perek "HaMotzi Yayin," but it can't be correct, because the Ramban and Nimukei Yosef in Moed Kattan weren't bothered by this when they quoted the Bahag. He and Rav David Pardo ([http://www.hebrewbooks.org/pdfpager.aspx?req=21642&st=&pgnum=182 Chasdei David, Avodah Zarah 1:2]) identify Avodah Zarah to refer to the specific Tosefta Avodah Zarah 1:2.</ref> The [[Ramban]]]<ref>Milchemet Hashem, Moed Kattan 16a s.v. u'mah</ref> questions why the [[Geonim]] would cite this klal when they generally don't follow the rulings of the [[Yerushalmi]] and concludes they must have had a tradition regarding the matter (they don't quote the source outright). Yad Malachi<ref>Klalei HaTalmud 88</ref> points out that the [[Rif]], [[Rambam]], [[Rosh]], and [[Samag]] also seem to accept it, while [[Tosafot]] and the [[Baal HaMaor]] do not. | |||
=== Amoraim === | === Amoraim === | ||
# Amoraim often elucidate the shitot of Tannaim in Mishnayot even if the Halacha doesn't follow them, so there's no proof to be brought from the fact that the view of a certain Tanna in a Mishnah is elucidated to prove which the Halacha should follow. However, proof may be brought from such an instance with respect to a Tanna in a Baraita or another Amora.<ref>Korban Netanel (Klalim 13). See Yad Malachi (Klalei HaTalmud 23, 355) who seems to disagree about elucidating against one's own position.</ref> | # Amoraim often elucidate the shitot of Tannaim in Mishnayot even if the Halacha doesn't follow them, so there's no proof to be brought from the fact that the view of a certain Tanna in a Mishnah is elucidated to prove which the Halacha should follow. However, proof may be brought from such an instance with respect to a Tanna in a Baraita or another Amora.<ref>Korban Netanel (Klalim 13). See Yad Malachi (Klalei HaTalmud 23, 355) who seems to disagree about elucidating against one's own position.</ref> | ||
