Klalei HaTalmud: Difference between revisions
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→Deciding Machloket: maharik's klal
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== Deciding Machloket == | == Deciding Machloket == | ||
The Gemara provides a few examples and general guidelines about how to decide debates between individuals mentioned in Shas. | The Gemara provides a few examples and general guidelines about how to decide debates between individuals mentioned in Shas. Many assume these guidelines apply to every instance in Shas, while a some argue that they only apply to cases that have practical application as a means to allow for confident Halachic observance, whereas the Halacha about debates in topics like Kodashim and Tahorot remain to be determined.<ref>The [[Maharik]] (Shoresh 165) argues that the Klalim were never meant to decide every single case in Kol HaTorah Kullah but, rather, to enable us to actually figure out what to do when it mattered. In cases where the issue is of no practical relevance, the Klalim do not apply. Others argue that there is no indication of this from the [[Rambam]], [[Rosh]], or other poskim until his day, except for maybe on Tosafot in Shabbat 70. The [[Maharik]]'s view has been accepted by some Acharonim, as listed in Yad Malachi (Klalei HaTalmud 234), but rejected by many, as well. See Chavot Yair 94:1, Yad Malachi ibid, Ezrat Nashim (Shemot Anashim, Avshalom), the [[Chida]] in a number of places (Sha'ar Yosef Horayot 2a, Achorei Tara ad loc, Heseg Yad ad loc 40, Chaim She'al 2:31:5 s.v. atah, Ein Zocher (Heh 13)), Divrei Malkiel 2:108, and Rav Kook's letter Rehita DeChalkaei printed in Sdei Chemed vol. 10 pg 1960b and Otzrot HaReiyah vol. 6 pg. 33.</ref> | ||
=== General === | === General === | ||
# "Ein Halacha KeShitah" (אין הלכה כשיטה) - In Torah literature, brevity is an oft used tool. As such, when the Gemara lists Tannaim or Amoraim who espose a similar view, it is indicating that they are the minority and their opinion is not accepted. Some say that this is only true when it's formulated as "פלוני ופלוני אמרו דבר אחד" and not "פלוני ופלוני כולהו סבירא להו כך וכך," while others argue the opposite.<ref>Halichot Olam 5:3:7 and Klalei HaGemara ad loc.</ref> | # "Ein Halacha KeShitah" (אין הלכה כשיטה) - In Torah literature, brevity is an oft used tool. As such, when the Gemara lists Tannaim or Amoraim who espose a similar view, it is indicating that they are the minority and their opinion is not accepted. Some say that this is only true when it's formulated as "פלוני ופלוני אמרו דבר אחד" and not "פלוני ופלוני כולהו סבירא להו כך וכך," while others argue the opposite.<ref>Halichot Olam 5:3:7 and Klalei HaGemara ad loc.</ref> | ||
