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Shulchan Aruch: Difference between revisions
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# The Kenesset HaGedolah postulates all rulings in the Beit Yosef are intended for all Jewish communities, while those in Shulchan Aruch are only intended for Eretz Yisrael. This would even be plausible to say between two contradictory statements in Shulchan Aruch itself.<ref>Yad Malachi (Klalei Shulchan Aruch 3)</ref> | # The Kenesset HaGedolah postulates all rulings in the Beit Yosef are intended for all Jewish communities, while those in Shulchan Aruch are only intended for Eretz Yisrael. This would even be plausible to say between two contradictory statements in Shulchan Aruch itself.<ref>Yad Malachi (Klalei Shulchan Aruch 3)</ref> | ||
==== Inconsistencies with Beit Yosef ==== | ==== Inconsistencies with Beit Yosef ==== | ||
# Often times, Maran will omit from Shulchan Aruch a nunber of rulings cited in Beit Yosef, because, the Kenesset HaGedolah explains, he didn't find these rulings in those of other Poskim. They were cited in Beit Yosef, because the goal of Beit Yosef is to gather all the opinions. Others say he retracted his position<ref>Minchat Yitzchak vol. 8 Siman 31 extends to Rama also.</ref> While others yet insist that the content omitted is still accepted.<ref>Yad Malachi (Klalei Shulchan Aruch 4) and Matnat Yado ad loc. See also [http://www. | # Often times, Maran will omit from Shulchan Aruch a nunber of rulings cited in Beit Yosef, because, the Kenesset HaGedolah explains, he didn't find these rulings in those of other Poskim. They were cited in Beit Yosef, because the goal of Beit Yosef is to gather all the opinions. Others say he retracted his position<ref>Minchat Yitzchak vol. 8 Siman 31 extends to Rama also.</ref> While others yet insist that the content omitted is still accepted.<ref>Yad Malachi (Klalei Shulchan Aruch 4) and Matnat Yado ad loc. See also [http://www.hebrewbooks.org/pdfpager.aspx?req=9174&st=&pgnum=220&hilite= Petach HaDevir vol. 4 Siman 339:4], Shu"t Rav Pe'alim (vol. 2 Siman 43), Shu"t Yabia Omer (vol. 3 Even HaEzer Siman 13:2, vol. 5 Orach Chaim Siman 39:4, vol. 6 Orach Chaim 24:2), Shu"t Yechaveh Daat (vol. 2 Siman 40, vol. 4 Siman 46 in the footnotes), Leviat Chen (Siman 40), Taharat HaBayit (vol. 1 Siman 2 page 58, vol. 2 Siman 13 page 377 and 427). Chief Rabbi of the Israeli Police Force and former rabbi of the Yishuv Talmon, | ||
[https://he.wikipedia.org/wiki/%D7%A8%D7%9E%D7%99_%D7%A8%D7%97%D7%9E%D7%99%D7%9D_%D7%91%D7%A8%D7%9B%D7%99%D7%94%D7%95 Rav Rami Berachyahu] delivers a clear treatment of this in [http://www.otzar.org/wotzar/book.aspx?164141&pageid=16414100319 Tal Livracha vol. 2 Siman 38] and concludes that many Acharonim agree with the Chida that the Halacha follows the Shulchan Aruch except for in three types of cases: the case is uncommon, the idea is obvious, or it's hinted to in another place. Of course, each instance requires its own investigation, though.</ref> | |||
# Sometimes, Maran records rulings or customs in Shulchan Aruch that do not appear in Beit Yosef, because he discovered them after it was printed.<ref>Yad Malachi (Klalei Shulchan Aruch 5) and Matnat Yado ad loc.</ref> | # Sometimes, Maran records rulings or customs in Shulchan Aruch that do not appear in Beit Yosef, because he discovered them after it was printed.<ref>Yad Malachi (Klalei Shulchan Aruch 5) and Matnat Yado ad loc.</ref> | ||
