Rama: Difference between revisions
From Halachipedia
→Writing Style
MordechaiD (talk | contribs) (→Other Works, Contradictions, & Chronology: torat chatat purpose) |
|||
| Line 9: | Line 9: | ||
# A ruling presented Stam, without "Yesh Omrim" is Halacha Pesukah, an unequivocal ruling,<ref>Yad Malachi (Klalei HaRama 18)</ref> while it doesn't mean the [[Shulchan Aruch]] agrees, as there isn't sufficient indication in his words.<ref>Yad Malachi (Klalei HaRama 19)</ref> | # A ruling presented Stam, without "Yesh Omrim" is Halacha Pesukah, an unequivocal ruling,<ref>Yad Malachi (Klalei HaRama 18)</ref> while it doesn't mean the [[Shulchan Aruch]] agrees, as there isn't sufficient indication in his words.<ref>Yad Malachi (Klalei HaRama 19)</ref> | ||
# On the other hand, a ruling that opens with "Yesh Omrim" (יש אומרים) means the Rama is being stringent for this other position, although, the statement isn't necessarily working off of the [[Shulchan Aruch]].<ref>Yad Malachi (Klalei HaRama 18)</ref> | # On the other hand, a ruling that opens with "Yesh Omrim" (יש אומרים) means the Rama is being stringent for this other position, although, the statement isn't necessarily working off of the [[Shulchan Aruch]].<ref>Yad Malachi (Klalei HaRama 18)</ref> | ||
#Generally when the Rama writes נוהגין that indicates that he accepts and advocates for the minhag and when he writes והעם נהגו that means he's citing a substantial minhag but does not necessarily mean he personally endorses it.<ref>Rama responsa 35</ref> | |||
= Other Works, Contradictions, & Chronology = | = Other Works, Contradictions, & Chronology = | ||
# Although the Rama occasionally discusses his comments on [[Shulchan Aruch]] in his responsa, the Be'er Sheva contends that it's possible that some of the Teshuvot were written before his glosses on [[Shulchan Aruch]]. Therefore, one would follow the comments to [[Shulchan Aruch]] over the responsa, if there's a contradiction. Alas, the Yad Malachi is unconvinced by this baseless claim.<ref>Yad Malachi (Klalei HaRama 20). See Sdei Chemed Klalei HaPoskim 17:7</ref> | # Although the Rama occasionally discusses his comments on [[Shulchan Aruch]] in his responsa, the Be'er Sheva contends that it's possible that some of the Teshuvot were written before his glosses on [[Shulchan Aruch]]. Therefore, one would follow the comments to [[Shulchan Aruch]] over the responsa, if there's a contradiction. Alas, the Yad Malachi is unconvinced by this baseless claim.<ref>Yad Malachi (Klalei HaRama 20). See Sdei Chemed Klalei HaPoskim 17:7</ref> | ||
