Anonymous

Rosh: Difference between revisions

From Halachipedia
440 bytes added ,  4 May 2021
m
 
(6 intermediate revisions by the same user not shown)
Line 4: Line 4:
# The Rosh primarily focuses on Sevarot accepted leHalacha and ignores those that are not. According to the [[Kenesset HaGedolah]], if he presents two positions without deciding, it's because he's unsure which should be accepted.<ref>Yad Malachi (Klalei HaRosh 33)</ref> Sometimes, he'll present two interpretations, because he thinks they're both true.<ref>Yad Malachi (Klalei HaRosh 43)</ref> As such, his position will be vague, so we can logically infer he follows the majority of Poskim. Additionally, his son, R' Yaakov, author of the the [[Tur]], has the credibility to tell us what his father's position was in practice.<ref>Yad Malachi (Klalei HaRosh 38)</ref>
# The Rosh primarily focuses on Sevarot accepted leHalacha and ignores those that are not. According to the [[Kenesset HaGedolah]], if he presents two positions without deciding, it's because he's unsure which should be accepted.<ref>Yad Malachi (Klalei HaRosh 33)</ref> Sometimes, he'll present two interpretations, because he thinks they're both true.<ref>Yad Malachi (Klalei HaRosh 43)</ref> As such, his position will be vague, so we can logically infer he follows the majority of Poskim. Additionally, his son, R' Yaakov, author of the the [[Tur]], has the credibility to tell us what his father's position was in practice.<ref>Yad Malachi (Klalei HaRosh 38)</ref>
# The Rosh mainly is drawn after the [[Rif]] except perhaps by explanations of Mishnayot, in which case he often prefers the [[Rash]]'s understanding.<ref>Yad Malachi (Klalei Rosh 28, 31). See Matnat Yado fn 62 who adds that there's a discussion regarding when the Rif is a Da'at Yachid if we should assume the Rosh still stands with him or of we should count the Rosh with those who disagree. There's also a general issue of how the Rosh originally wrote his Pesakim, as a commentary on the [[Rif]] with the direct quotes added in later (Tekafo Kohen 46, Korban Netanel (Klalim 2)) or like we have it (Shem HaGedolim HaRosh). Sdei Chemed (Klalei HaPoskim 11:2) points out how the Chatam Sofer did not have the Shem HaGedolim to be aware of this approach. See Yad Malachi (Klalei HaTalmud 510, 517) and "Contradictions" below.</ref>
# The Rosh mainly is drawn after the [[Rif]] except perhaps by explanations of Mishnayot, in which case he often prefers the [[Rash]]'s understanding.<ref>Yad Malachi (Klalei Rosh 28, 31). See Matnat Yado fn 62 who adds that there's a discussion regarding when the Rif is a Da'at Yachid if we should assume the Rosh still stands with him or of we should count the Rosh with those who disagree. There's also a general issue of how the Rosh originally wrote his Pesakim, as a commentary on the [[Rif]] with the direct quotes added in later (Tekafo Kohen 46, Korban Netanel (Klalim 2)) or like we have it (Shem HaGedolim HaRosh). Sdei Chemed (Klalei HaPoskim 11:2) points out how the Chatam Sofer did not have the Shem HaGedolim to be aware of this approach. See Yad Malachi (Klalei HaTalmud 510, 517) and "Contradictions" below.</ref>
# The [[Rambam]]'s understanding of Im Timtzi Lomar as Halacha is not accepted by the Rosh, who posits that even those who accept it must admit that further levels are only accepted if they are consistent with the positions of the previous ones.<ref>Korban Netanel (Klalim 9, 10)</ref> Bach argues that Rosh will agree that when presented with four questions, two of which are Im Timtzi Lomar, that their standing out indicates the Gemara is following them.<ref>Yad Malachi (Klalei HaRosh 35)</ref>
# The [[Rambam]]'s understanding of Im Timtzi Lomar as Halacha is not accepted by the Rosh, who posits that even those who accept it must admit that further levels are only accepted if they are consistent with the positions of the previous ones.<ref>Korban Netanel (Klalim 9, 10). See Beit Shmuel 137:6 and Pitchei Teshuva (Even HaEzer 137:8) and the sources they cite on this matter.</ref> Bach argues that Rosh will agree that when presented with four questions, two of which are Im Timtzi Lomar, that their standing out indicates the Gemara is following them.<ref>Yad Malachi (Klalei HaRosh 35)</ref>
# An additional answer or through will be introduced with merely a "Vav," such as "וקמשמע לן" - and we ''also'' learn.<ref>Yad Malachi (Klalei HaRosh 39)</ref>
# An additional answer or through will be introduced with merely a "Vav," such as "וקמשמע לן" - and we ''also'' learn.<ref>Yad Malachi (Klalei HaRosh 39)</ref>
# If an elucidation of the Gemara is not presented by the Rosh against [[Rashi]], we assume he agrees with [[Rashi]].<ref>Yad Malachi (Klalei HaRosh 42)</ref>
# If an elucidation of the Gemara is not presented by the Rosh against [[Rashi]], we assume he agrees with [[Rashi]].<ref>Yad Malachi (Klalei HaRosh 42)</ref>
# The breakup of Shu"t HaRosh into Klalim was done by later individuals, not the Rosh.<ref>Yad Malachi (Klalei HaRosh 44)</ref>
# The breakup of Shu"t HaRosh into Klalim was done by later individuals, not the Rosh.<ref>Yad Malachi (Klalei HaRosh 44)</ref>
== Contradictions ==
== Contradictions ==
# Just as Ein Seder LaMishnah in the days of Tannaim, meaning they didn't compile Shas in the order it now exists in, so, too, Rishonim didn't necessarily learn and write on Shas in order. It's therefore possible for an initial position to be written in a commentary to a later Masechet and the retracted corrected one to be presented in an earlier Masechet. This knowledge allows us to resolve difficulties in the Rosh and other Rishonim.<ref>Yad Malachi (Klalei HaRosh 34)</ref>
# Just as Ein Seder LaMishnah in the days of Tannaim, meaning they didn't compile Shas in the order it now exists in, so, too, Rishonim didn't necessarily learn and write on Shas in order. It's therefore possible for an initial position to be written in a commentary to a later Masechet and the retracted corrected one to be presented in an earlier Masechet. This knowledge allows us to resolve difficulties in the Rosh and other Rishonim.<ref>Yad Malachi (Klalei HaRosh 34)</ref>
Line 18: Line 19:


== Misc. ==
== Misc. ==
# The Rosh's son, R' Yaakov, author of the [[Tur]] summarized his father's Pesakim in the "Kitzur Piskei HaRosh"<ref>Shem HaGedolim (Gedolim, Yud 208; Sefarim, Kuf 87)</ref> and his father's Teshuvot in "Kitzur Teshuvot HaRosh."<ref>Shem HaGedolim (Sefarim, Kuf 97) -R' Moshe de Broshlaish also condensed the Teshuvot.</ref>
# Uncharacteristically, the Rosh on Bava Kamma does not quote all the Gemaras and Piskei Dinim, but, rather, quotes the Gemara concisely when needed to discuss a novel idea.<ref>Yad Malachi (Klalei HaRosh 41)</ref>
# Uncharacteristically, the Rosh on Bava Kamma does not quote all the Gemaras and Piskei Dinim, but, rather, quotes the Gemara concisely when needed to discuss a novel idea.<ref>Yad Malachi (Klalei HaRosh 41)</ref>
# Sometimes, the [[Hagahot Ashri]] on the Rosh is commenting on the Gemara itself, not the Rosh, and may even be disagreeing with him.<ref>Yad Malachi (Klalei HaRosh 45)</ref>
# Sometimes, the [[Hagahot Ashri]] on the Rosh is commenting on the Gemara itself, not the Rosh, and may even be disagreeing with him.<ref>Yad Malachi (Klalei HaRosh 45)</ref>
Line 23: Line 25:
=Sources=
=Sources=
{{Reflist|30em}}
{{Reflist|30em}}
[[Category:Klalim]]
[[Category:Klalei Haposkim]]
Anonymous user