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Shulchan Aruch: Difference between revisions
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# The Beit Yosef does not employ the mechanism of Kim Li to determine a ruling but rather, if none of the three Amudei Horaah elicits an opinion, he finds one of the commonly accepted Poskim ("Mefursamim") who did and rules like him. Some take issue with his exclusion of Kim Li in favor of his Amudei Horaah rule in monetary cases.<ref>Yad Malachi (Klalei Beit Yosef 38)</ref> | # The Beit Yosef does not employ the mechanism of Kim Li to determine a ruling but rather, if none of the three Amudei Horaah elicits an opinion, he finds one of the commonly accepted Poskim ("Mefursamim") who did and rules like him. Some take issue with his exclusion of Kim Li in favor of his Amudei Horaah rule in monetary cases.<ref>Yad Malachi (Klalei Beit Yosef 38)</ref> | ||
=== Bedek HaBayit === | === Bedek HaBayit === | ||
# The emendations of the Bedek HaBayit were not always printed on the right Siman in Beit Yosef.<ref>Yad Malachi (Klalei Beit Yosef 39)</ref> | |||
# The Rama didn't see the Bedek HaBayit,<ref>Yad Malachi (Klalei Beit Yosef 39)</ref> because it was printed after he died.<ref>Elyah Rabbah 101:3, Birkei Yosef Yoreh Deah 286:2 and Orach Chaim 27:4 and 101, Shem HaGedolim vol. 2 "Bedek HaBayit," Sdei Cheemd Klalei HaPoskim 14:9), Matnat Yado ad loc.</ref> | |||
# When faced with a Bedek HaBayit that permits something prohibited in the Beit Yosef, the Kenesset HaGedolah argues it doesn't indicate retraction: the Beit Yosef is a comprehensive compilation of all the opinions, so he was just filling it in but doesn't necessarily hold of it.<ref>Yad Malachi (Klalei Beit Yosef 37)</ref> | # When faced with a Bedek HaBayit that permits something prohibited in the Beit Yosef, the Kenesset HaGedolah argues it doesn't indicate retraction: the Beit Yosef is a comprehensive compilation of all the opinions, so he was just filling it in but doesn't necessarily hold of it.<ref>Yad Malachi (Klalei Beit Yosef 37)</ref> | ||
=== Shulchan Aruch === | |||
# The intention of Maran and the Rama was for Shulchan Aruch to serve as a tool for review by those who have already learned the Tur and Beit Yosef. The purpose is not to rule from the sefer itself. The Sma<ref>Sma Hakdama</ref> laments how in his day, centuries ago, many people wanted to learn the entire Torah on one foot and would rule from the Shulchan Aruch alone. The Beit Yosef himself<ref>Shu"t Beit Yosef Even HaEzer Dinei Gittin Siman 4</ref> himself makes this point. As the Sdei Chemed<ref>Sdei Chemed KHP 13:2</ref> puts it, if you don't know the source you won't understand the din. The Acharonim, notably the Maharsha<ref>Chiddushei Aggadot Sotah 22a</ref>, term such mistaken people "destroyers of the world," but nowadays with the many commentaries on the page of Shulchan Aruch, there's a strong argument to be made that this isn't as relevant of a concern, because the reasoning and source will be explained among the commentators, as well.<ref>Pitchei Teshuva Yoreh Deah 242. Yad Malachi (Klalei Shulchan Aruch 1) and Matnat Yado ad loc.</ref> | |||
=== Works Not Available to Rav Yosef Karo === | === Works Not Available to Rav Yosef Karo === | ||
# The Ra'ah's Bedek HaBayit was not available to Maran.<ref>Yad Malachi (Klalei HaTur 15)</ref> | # The Ra'ah's Bedek HaBayit was not available to Maran.<ref>Yad Malachi (Klalei HaTur 15)</ref> | ||
