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Moroccan Halacha: Difference between revisions

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# When [[Shulchan Aruch]] does not reveal his opinion, Moroccans follow the [[Rama]] even against many other Poskim.
# When [[Shulchan Aruch]] does not reveal his opinion, Moroccans follow the [[Rama]] even against many other Poskim.
# Chachmei Morocco agree that only what's written in Shulchan Aruch proper and Beit Yosef is accepted, not the Teshuvot, and Kim Li is not relevant here. Rav Yosef Karo's rulings are accepted as a function of his books' acceptance, not acceptance of him as a Posek. Some add that even the Bedek HaBayit was not accepted.<ref>Nahagu HaAm, Klalei HaPesikah 10</ref>
# Chachmei Morocco agree that only what's written in Shulchan Aruch proper and Beit Yosef is accepted, not the Teshuvot, and Kim Li is not relevant here. Rav Yosef Karo's rulings are accepted as a function of his books' acceptance, not acceptance of him as a Posek. Some add that even the Bedek HaBayit was not accepted.<ref>Nahagu HaAm, Klalei HaPesikah 10</ref>
# If there's a contradiction between Shulchan Aruch and Beit Yosef, the Shulchan Aruch is followed.<ref>Nahagu Ha'aml, Klalei HaPesikah 15</ref>
# If there's a contradiction between Shulchan Aruch and Beit Yosef, the Shulchan Aruch is followed.<ref>Nahagu Ha'Am, Klalei HaPesikah 15</ref>
# The accepted opinion in a "Yesh veYesh" is like the final one in both [[Shulchan Aruch]] and [[Rama]]. Some say that if the Rama paskens like the first Yesh of Shulchan Aruch, the Halacha follows the Rama.<Ref>Nahagu HaAm, Klalei HaPesikah 7</ref>
# The accepted opinion in a "Yesh veYesh" is like the final one in both [[Shulchan Aruch]] and [[Rama]]. Some say that if the Rama paskens like the first Yesh of Shulchan Aruch, the Halacha follows the Rama.<Ref>Nahagu HaAm, Klalei HaPesikah 7</ref>
# "Yesh Omrim... veYesh Cholkim": some say follow the first opinion, while others follow the second.
# "Yesh Omrim... veYesh Cholkim": some say follow the first opinion, while others follow the second.
# "Stam vaYesh": Halacha is like the Stam even if Shulchan Aruch or the Rama<ref>Nahagu Ha'Am, Klalei HaPesikah 9</ref> writes to follow the Yesh.
# "Stam vaYesh": Halacha is like the Stam even if Shulchan Aruch or the Rama<ref>Nahagu Ha'Am, Klalei HaPesikah 9</ref> writes to follow the Yesh.
# If all three Amudei Horaah disagree with Shulchan Aruch, they are followed instead of Shulchan Aruch.
# If all three Amudei Horaah disagree with Shulchan Aruch, they are followed instead of Shulchan Aruch.
# The custom is to employ Sfek Sefeikah against Shulchan Aruch.<ref>Nahagu Ha'aml, Klalei HaPesikah 14</ref>
# The custom is to employ Sfek Sefeikah against Shulchan Aruch.<ref>Nahagu Ha'Am, Klalei HaPesikah 14</ref>
# One cannot be more lenient than Shulchn Aruch in matters of Ervah. Some argue one cannot even be lenient ''like'' Shulchan Aruch in these matters.<ref>Nahagu Ha'aml, Klalei HaPesikah 4</ref>
# One cannot be more lenient than Shulchn Aruch in matters of Ervah. Some argue one cannot even be lenient ''like'' Shulchan Aruch in these matters.<ref>Nahagu Ha'Am, Klalei HaPesikah 4</ref>
# One cannot claim "Kim Li" against Shulchan Aruch.
# One cannot claim "Kim Li" against Shulchan Aruch.
# The view of Shulchan Aruch has not been accepted where it is unclear.
# The view of Shulchan Aruch has not been accepted where it is unclear.
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