Rambam: Difference between revisions

# 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 to the Radbaz and the Rif).<ref>Yad Malachi (Klalei HaRambam 27)</ref> On the other hand, a number of Ashkenazi authorities feel that the Rambam is a minority in the face of the Baalei HaTosafot.<ref>Yad Malachi (Klalei HaRambam 28)</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 argues that the Rambam will refer to a Takkanat Chachamim as "Torah," such as in "Lo Hikpida Torah" in reference to the Ne'emanut of an Ed Echad, while others disagree.<ref>Yad Malachi (Klalei HaRambam 19)</ref>

# When the Gemara presents more specific arguments predicated on accepting one of two possible assumptions - "Im Timtzi Lomar" - the Geonim and Rambam understand that the Halacha assumes like that assumption.<ref>Yad Malachi (Klalei HaRambam 13)</ref> Some say this is only true if the Gemara did not leave the very same uncertainty pending with a "Tiku" elsewhere, while others argue the opposite.<ref>Yad Malachi (Klalei HaRambam 14)</ref> The two levels of the Im Timtzi Lomar cannot be interchangeable, meaning if assuming A over B and then asking C over D is equivalent to assuming C over D and then asking A over B, this rule does not apply for the Rambam.<ref>Yad Malachi (Klalei HaRambam 15)</ref> The words must also be explicit in the text of the Gemara, so two subsequent questions, one building on the previous, would not be subject to this rule.<ref>Yad Malachi (Klalei HaRambam 16)</ref> The Poskim dispute if this is only true when the Amora in the Gemara himself uses these words to navigate the situation or if it's even true when the omniscient narrator of the Sugya does so externally of the Amora's words. <ref>Yad Malachi (Klalei HaRambam 18)</ref> Some say that the Rambam will not follow Im Timtzi Lomar if the Gemara explicitly assumes the opposite idea to be true.<ref>Yad Malachi (Klalei HaRosh 35)</ref>