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Shulchan Aruch: Difference between revisions
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→Stam vaYesh (סתם ויש): halacha kestam legamrei, shiurim to listen to.
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# Maran always records the ruling in the original articulation of the Posek it comes from, even if there is some difficulty in his language that may even have practical ramifications. Essentially, he leaves room to inject whatever explanation is given for that Posek's words to the ruling in Shulchan Aruch, as well.<ref>Yad Malachi (Klalei Shulchan Aruch 11)</ref> | # Maran always records the ruling in the original articulation of the Posek it comes from, even if there is some difficulty in his language that may even have practical ramifications. Essentially, he leaves room to inject whatever explanation is given for that Posek's words to the ruling in Shulchan Aruch, as well.<ref>Yad Malachi (Klalei Shulchan Aruch 11)</ref> | ||
==== Stam | ==== Stam veYesh (סתם ויש) ==== | ||
# The Kenesset HaGedolah writes that Shulchan Aruch follows the Stam unequivocally and unabashedly and only presents the Yesh to give Kavod to the Rishon who maintains that position. The Ginat Veradim says it's a dispensation to allow later Chachamim who invest themselves in the Halacha and come to the conclusion of the Yesh Omrim to follow it. Many Acharonim accept this Klal, including the Rama miFano, Bach, Shach, Pri Chadash, Beit David, Elyah Rabbah, Chelkat Mechokek, and Yad Malachi.<ref>Yad Malachi (Klalei Shulchan Aruch 17). See Sdei Chemed Klalei HaPoskim 13:8, Minchat Yitzchak 10:8, and Sephardi Yoreh Deah Chabura - Taaruvot 98 - Stam VaYesh [https://www.yutorah.org/sidebar/lecture.cfm/783696/rabbi-jonathan-cohen/sephardi-yoreh-deah-chabura-part-2-taaruvot-98-stam-vayesh-i/ Part I], [https://www.yutorah.org/sidebar/lecture.cfm/784175/rabbi-jonathan-cohen/sephardi-yoreh-deah-chabura-part-3-taaruvot-98-stam-vayesh-ii/ Part II], and [https://www.yutorah.org/sidebar/lecture.cfm/784935/rabbi-jonathan-cohen/sephardi-yoreh-deah-chabura-part-4-taaruvot-98-stam-vayesh-iii/ Part III] by Rabbi Jonathan Cohen, including his attached charts and source sheets.</ref> | |||
==== Yesh veYesh (יש ויש) ==== | ==== Yesh veYesh (יש ויש) ==== | ||
See [[Tur#Stam vaYesh and Yesh veYesh]] | See [[Tur#Stam vaYesh and Yesh veYesh]] | ||
