1,988
edits
Shulchan Aruch: Difference between revisions
From Halachipedia
→Stam vaYesh and Yesh veYesh: yesh veyesh and yesh veploni
MordechaiD (talk | contribs) (→Stam vaYesh and Yesh veYesh: Yesh misheomer) |
MordechaiD (talk | contribs) (→Stam vaYesh and Yesh veYesh: yesh veyesh and yesh veploni) |
||
| Line 55: | Line 55: | ||
# When Maran appends "ויש חולקים" to a Halacha, some say he means to disagree with the position he just presented and side with the Cholkim, while others disagree and say he would have written it as Yesh Omrim if that was the case.<ref>Yad Malachi (Klalei Shulchan Aruch 10)</ref> | # When Maran appends "ויש חולקים" to a Halacha, some say he means to disagree with the position he just presented and side with the Cholkim, while others disagree and say he would have written it as Yesh Omrim if that was the case.<ref>Yad Malachi (Klalei Shulchan Aruch 10)</ref> | ||
# Sma writes that Maran and the Rama use the phrase "Yesh Mi SheOmer" (יש מי שאומר) in the singular to introduce a Rishon's position that is accepted but not mentioned by anyone else. In other words, such formulations are not a Stam vaYesh or Yesh veYesh. The Kenesset HaGedolah and others accept this Klal, but the Yad Malachi<ref>Yad Malachi (Klalei Shulchan Aruch 12)</ref> argues strongly, however, that this cannot always be true, given numerous contradictory examples. Therefore, he relegates the Sma's rule to be a general one that is true most but not all of the time. Finally, there are a number of Acharonim cited by the Yad Malachi who categorically reject this Klal, but the majority seem to indeed accept it, Chida and Maamar Mordechai included.<ref>Matnat Yado fn. 55, 58</ref> | # Sma writes that Maran and the Rama use the phrase "Yesh Mi SheOmer" (יש מי שאומר) in the singular to introduce a Rishon's position that is accepted but not mentioned by anyone else. In other words, such formulations are not a Stam vaYesh or Yesh veYesh. The Kenesset HaGedolah and others accept this Klal, but the Yad Malachi<ref>Yad Malachi (Klalei Shulchan Aruch 12)</ref> argues strongly, however, that this cannot always be true, given numerous contradictory examples. Therefore, he relegates the Sma's rule to be a general one that is true most but not all of the time. Finally, there are a number of Acharonim cited by the Yad Malachi who categorically reject this Klal, but the majority seem to indeed accept it, Chida and Maamar Mordechai included.<ref>Matnat Yado fn. 55, 58</ref> | ||
# There are three basic Shitot in Yesh veYesh (יש אומרים ויש אומרים): The Halacha follows the first, the second, or whichever one the Posek chooses.<ref>Kenesset HaGedolah, Elyah Rabbah, and Beit David write that the Shulchan Aruch and Rama accept the second Yesh. Yad Malachi (Klalei Shulchan Aruch 13) has a bunch of problematic examples and suggests that it's only applicable where there is no decisive line at the end indicating which to follow. Ginat Veradim interestingly posits you can choose. See Birkei Yosef Orach Chaim 273:8, Yafeh LeLev Orach Chayim vol. 1 159:6, Petach HaDevir vol 3 pg 296 col 3, and Sdei Chemed (Klalei HaPoskim 13:14-15, as cited in Matnat Yado fn. 71.</ref> | |||
# "Yesh veYesh" means "Yesh Omrim X veYesh Omrim Y," but "Yesh vePloni," such as "Yesh Omrim X, veHaRambam Omer Y" would not qualify under this rule; rather, Maran is highlighting the opinion of a Yachid that we do not follow.<ref>Yad Malachi (Klalei Shulchan Aruch 14</ref> | |||
==== Authorship ==== | ==== Authorship ==== | ||
