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MordechaiD (talk | contribs) (Created page with "== General == # The Maharashdam believes that since the Rambam saw the other opinions on each issue and still decided the way we did, we should follow his rulings (analogous t...") |
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# One cannot pose questions from Tosafot's logic against the Rambam. Gavra aGavra KaRamit?!<ref>Yad Malachi (Klalei HaRambam 8)</ref> | # One cannot pose questions from Tosafot's logic against the Rambam. Gavra aGavra KaRamit?!<ref>Yad Malachi (Klalei HaRambam 8)</ref> | ||
# The Rivash and Rosh warn that one who attempts to rule on practical matters solely from Mishneh Torah without understanding its Talmudic context will likely mistake Assur for Muttar and Muttar for Assur, thinking he understands the material. At the same time, the Rambam's explicit intention was to write the Halacha so clearly that one need not be bogged down by the confusing Sugya and need only Mishneh Torah to know how to act, so some Acharonim, such as the Ohr HaChaim and Baal HaTanya are less concerned. While that is true, the Rambam himself explains in a letter that he did so for people for whom understanding the Gemara was beyond their reach.<ref>Shu"t HaRivash (Siman 144), Shu"t HaRosh (Klal 31 Siman 9), Rishon LeTzion (Berachot 60a, Sukkah 12b), Yad Malachi (Klalei HaRambam 20), Shulchan Aruch HaRav (Kuntress Acharon Hilchot Talmud Torah Perek 2), Iggerot HaRambam (Shilat Edition, page 439)</ref> | # The Rivash and Rosh warn that one who attempts to rule on practical matters solely from Mishneh Torah without understanding its Talmudic context will likely mistake Assur for Muttar and Muttar for Assur, thinking he understands the material. At the same time, the Rambam's explicit intention was to write the Halacha so clearly that one need not be bogged down by the confusing Sugya and need only Mishneh Torah to know how to act, so some Acharonim, such as the Ohr HaChaim and Baal HaTanya are less concerned. While that is true, the Rambam himself explains in a letter that he did so for people for whom understanding the Gemara was beyond their reach.<ref>Shu"t HaRivash (Siman 144), Shu"t HaRosh (Klal 31 Siman 9), Rishon LeTzion (Berachot 60a, Sukkah 12b), Yad Malachi (Klalei HaRambam 20), Shulchan Aruch HaRav (Kuntress Acharon Hilchot Talmud Torah Perek 2), Iggerot HaRambam (Shilat Edition, page 439)</ref> | ||
# Seldom does the Rambam disagree with the Rif, so one should not assume so unless there are already a great number of Rishonim for him to side with.<ref>Yad Malachi (Klalei HaRambam 29)</ref> | # Seldom does the Rambam disagree with the [[Rif]], so one should not assume so unless there are already a great number of Rishonim for him to side with.<ref>Yad Malachi (Klalei HaRambam 29)</ref> | ||
== Mishneh Torah == | == Mishneh Torah == | ||
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== Sefer HaMitzvot == | == Sefer HaMitzvot == | ||
# The focus of Sefer HaMitzvot is not to determine which Mitzvot are part of the 613, not to present a comprehensive of accurate representation of their Halachot and details. Therefore, when studying Sefer HaMitzvot, questioning the count of Mitzvot is wholly acceptable, but questioning the details of the Mitzvot is not. The Mishneh Torah was written to address those details, and, even if there are distinct differences, it's always possible that he changed his mind over time.<ref>Yad Malachi (Klalei HaRambam 23)</ref> | # The focus of Sefer HaMitzvot is not to determine which Mitzvot are part of the 613, not to present a comprehensive of accurate representation of their Halachot and details. Therefore, when studying Sefer HaMitzvot, questioning the count of Mitzvot is wholly acceptable, but questioning the details of the Mitzvot is not. The Mishneh Torah was written to address those details, and, even if there are distinct differences, it's always possible that he changed his mind over time.<ref>Yad Malachi (Klalei HaRambam 23)</ref> | ||
# There's a debate regarding if specific Rishonim such as the Samag, Maggid Mishneh, and Migdal Oz saw the Sefer HaMitzvot, as it wasn't translated from Arabic to Hebrew for some time. Later Acharonim culled lists of instances in which each of them cites the Sefer HaMitzvot to dispel those claims.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 51) and footnotes there.</ref> | # There's a debate regarding if specific Rishonim such as the [[Samag]], [[Maggid Mishneh]], and [[Migdal Oz]] saw the Sefer HaMitzvot, as it wasn't translated from Arabic to Hebrew for some time. Later Acharonim culled lists of instances in which each of them cites the Sefer HaMitzvot to dispel those claims.<ref>Yad Malachi (Klalei HaRambam Ra'avad veSamag 51) and footnotes there.</ref> | ||
== Perush HaMishnah == | == Perush HaMishnah == | ||
# In Perush HaMishnayot, wherever there is an opinion that misleadingly seems to be the minority one but is, in fact, the one the Halacha follows, the Rambam will buttress that opinion by writing of its truth or singularity or the like to indicate that the Halacha does indeed follow it.<ref>Yad Malachi (Klalei HaRambam 36)</ref> | # In Perush HaMishnayot, wherever there is an opinion that misleadingly seems to be the minority one but is, in fact, the one the Halacha follows, the Rambam will buttress that opinion by writing of its truth or singularity or the like to indicate that the Halacha does indeed follow it.<ref>Yad Malachi (Klalei HaRambam 36)</ref> | ||
# Sometimes our translation of Perush HaMishnayot will refer to a din as being MiDeRabbanan, but it's probably just a mistaken translation of "MiDivrei Sofrim."<ref>Yad Malachi (Klalei HaRambam 22)</ref> | # Sometimes our translation of Perush HaMishnayot will refer to a din as being MiDeRabbanan, but it's probably just a mistaken translation of "MiDivrei Sofrim."<ref>Yad Malachi (Klalei HaRambam 22)</ref> | ||
# The Ramban did not have the Introduction to Perush HaMishnayot available to him, as Hebrew translations of the Arabic work were not yet available in Spain, according to the Yad Malachi, who posits that had they been available, the Ramban would not have been as quick to argue.<ref>Yad Malachi (Klalei HaRambam 21)</ref> The Rashba did not have the Perush HaMishnah available at all either.<ref>Yad Malachi (Klalei HaRashba 8)</ref> | # The [[Ramban]] did not have the Introduction to Perush HaMishnayot available to him, as Hebrew translations of the Arabic work were not yet available in Spain, according to the Yad Malachi, who posits that had they been available, the [[Ramban]] would not have been as quick to argue.<ref>Yad Malachi (Klalei HaRambam 21)</ref> The [[Rashba]] did not have the Perush HaMishnah available at all either.<ref>Yad Malachi (Klalei HaRashba 8)</ref> | ||
==Sources== | ==Sources== | ||
{{Reflist|30em}} | {{Reflist|30em}} | ||
[[Category:Klalim]] | [[Category:Klalim]] | ||
