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Rosh: Difference between revisions

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# Given two contradictory statements in the Piskei HaRosh, some Poskim recommend following the one that fits with the [[Rif]], but according to the [[Shach]], if one is just an instance of parroting the [[Rif]] and the other is the Rosh speaking for himself, the latter should be followed.<ref>See Shulchan Aruch Yoreh De'ah 15 and commentaries at length and above discussion from Tekafot Kohen. Yad Malachi (Klalei HaTalmud 410, Klalei HaRosh 29)</ref>
# Given two contradictory statements in the Piskei HaRosh, some Poskim recommend following the one that fits with the [[Rif]], but according to the [[Shach]], if one is just an instance of parroting the [[Rif]] and the other is the Rosh speaking for himself, the latter should be followed.<ref>See Shulchan Aruch Yoreh De'ah 15 and commentaries at length and above discussion from Tekafot Kohen. Yad Malachi (Klalei HaTalmud 410, Klalei HaRosh 29)</ref>
# In general, if the Rosh quotes the [[Rif]] last, it means he accepts the [[Rif]]'s position.<ref>Yad Malachi (Klalei HaTalmud 423)</ref>
# In general, if the Rosh quotes the [[Rif]] last, it means he accepts the [[Rif]]'s position.<ref>Yad Malachi (Klalei HaTalmud 423)</ref>
# To resolve contradictions between the Piskei HaRosh and Shu"t HaRosh, the [[Tur]]<ref>Tur Choshen Mishpat 72</ref> and his brother Rabbeinu Yehudah ben HaRosh<ref>Beit Yosef Yoreh Deah 341 and Choshen Mishpat 110</ref> say and the Bach<ref>Bach Yoreh Deah 334:10</ref> postulates that the Piskei HaRosh were written later, so they should be followed over the Teshuvot. The [[Beit Yosef]]<ref>Beit Yosef Yoreh Deah 201 s.v. Aval Rabbeinu and Yoreh Deah 341</ref> disagrees.<ref>See Beit Yosef Orach Chaim 12, Shu"t Beit Yosef Even HaEzer Siman 2, and Maggid Meisharim (Parashat Vayakhel, Rosh Chodesh Nissan 296) where he actually writes to follow the Pesakim and not the Teshuvot, unless it's clear that the individual Teshuvah was written later. See also Shu"T Maharanach Siman 46 and Shu"t Meishiv Davar vol. 1 Siman 24. Yalkut Mefarshim on Yad Malachi ad loc</ref> The Maharil<ref>Shu"t Maharil Siman 77</ref> argues the Teshuvot should be followed, because they were formulated in the context of Horaah.<ref>Korban Netanel (Klalim 18). See sources cited in Yad Malachi (Klalei HaRosh 46) and Matnat Yado ad loc at length.</ref> The Kenesset HaGedolah writes how even according to the former view, if the conflicting Teshuva is based on additional, seemingly seen afterwards, sources, then we would follow the Teshuvah.<ref>Yad Malachi (Klalei HaRosh 37)</ref> Rav Yosef Yedid HaLevi adds that these rules are only applicable when it's an explicit contradiction, if not we rather reconcile the two.<ref>Vayechi Yosef Gittin page 67 col. 3, Matnat Yado fn. 93, see Yad Malachi (Klalei Rosh 40) who writes similarly in the name of the Bach.</ref>
# To resolve contradictions between the Piskei HaRosh and Shu"t HaRosh, the [[Tur]]<ref>Tur Choshen Mishpat 72</ref> and his brother Rabbeinu Yehudah ben HaRosh<ref>Beit Yosef Yoreh Deah 341 and Choshen Mishpat 110. In the former case, the Rosh (as related by the Tur Yoreh Deah ibid and in Shu"t HaRosh 27:1) had not yet decided against his Rebbe, the Maharam to not recite Havdala after spending Motzaei Shabbat in Aninut, even though in his Pesakim he did eventually disagree.</ref> say and the Bach<ref>Bach Yoreh Deah 334:10</ref> postulates that the Piskei HaRosh were written later, so they should be followed over the Teshuvot. The [[Beit Yosef]]<ref>Beit Yosef Yoreh Deah 201 s.v. Aval Rabbeinu</ref> disagrees.<ref>See Beit Yosef Orach Chaim 12, Shu"t Beit Yosef Even HaEzer Siman 2, and Maggid Meisharim (Parashat Vayakhel, Rosh Chodesh Nissan 296) where he actually writes to follow the Pesakim and not the Teshuvot, unless it's clear that the individual Teshuvah was written later. See also Shu"T Maharanach Siman 46 and Shu"t Meishiv Davar vol. 1 Siman 24. Yalkut Mefarshim on Yad Malachi ad loc</ref> The Maharil<ref>Shu"t Maharil Siman 77</ref> argues the Teshuvot should be followed, because they were formulated in the context of Horaah.<ref>Korban Netanel (Klalim 18). See sources cited in Yad Malachi (Klalei HaRosh 46) and Matnat Yado ad loc at length.</ref> The Kenesset HaGedolah writes how even according to the former view, if the conflicting Teshuva is based on additional, seemingly seen afterwards, sources, then we would follow the Teshuvah.<ref>Yad Malachi (Klalei HaRosh 37)</ref> Rav Yosef Yedid HaLevi adds that these rules are only applicable when it's an explicit contradiction, if not we rather reconcile the two.<ref>Vayechi Yosef Gittin page 67 col. 3, Matnat Yado fn. 93, see Yad Malachi (Klalei Rosh 40) who writes similarly in the name of the Bach.</ref>


==Acceptance==
==Acceptance==