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Shulchan Aruch: Difference between revisions
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# 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> | ||
# Maran never saw Piskei HaRiaz or Shiltei HaGibborim.<ref>Birkei Yosef Orach Chaim 188:2, Shem HaGedolim (Sefarim, Shiltei HaGibborim)</ref> | # Maran never saw Piskei HaRiaz or Shiltei HaGibborim.<ref>Birkei Yosef Orach Chaim 188:2, Shem HaGedolim (Sefarim, Shiltei HaGibborim)</ref> | ||
== Klalei HaRama == | |||
=== Purpose === | |||
# There are three primary cases in which the Rama writes a comment in Shulchan Aruch, according to the Kenesset HaGedolah: | |||
## The Beit Yosef did not decide between two positions, so the Rama will add a comment deciding which side to take or also not deciding. | |||
## The Rama accepts the position rejected by the Shulchan Aruch | |||
## A Sevara mentioned in Beit Yosef was omitted from Shulchan Aruch, and the Rama informs us of it, regardless of its acceptance.<ref>Yad Malachi (Klalei HaRama 21)</ref> | |||
=== Writing Style === | |||
# When the Rama writes that "Yesh Machmirim" (יש חמירים), it means he leans towards those who are lenient, according to the Chavot Yair.<ref>Yad Malachi (Klalei HaRama 18)</ref> | |||
# A ruling presented Stam, without "Yesh Omrim" is Halacha Pesukah, an unequivocal ruling,<ref>Yad Malachi (Klalei HaRama 18)</ref> while it doesn't mean the Shulchan Aruch agrees, as there isn't sufficient indication in his words.<ref>Yad Malachi (Klalei HaRama 19)</ref> | |||
# On the other hand, a ruling that opens with "Yesh Omrim" (יש אומרים) means the Rama is being stringent for this other position, although, the statement isn't necessarily working off of the Shulchan Aruch.<ref>Yad Malachi (Klalei HaRama 18)</ref> | |||
=== Contradictions === | |||
# Although the Rama occasionally discusses his comments on Shulchan Aruch in his responsa, the Be'er Sheva contends that it's possible that some of the Teshuvot were written before his glosses on Shulchan Aruch. Therefore, one would follow the comments to Shulchan Aruch over the responsa, if there's a contradiction. Alas, the Yad Malachi is unconvinced by this baseless claim.<ref>Yad Malachi (Klalei HaRama 20). See Sdei Chemed Klalei HaPoskim 17:7</ref> | |||
== Further Reading == | == Further Reading == | ||
* Yad Malachi, especially the [http://www.machon-y.com/VSHOP/WSHOP.wzx?UC=machonj&SingleItem=%e9%e3%20%ee%ec%e0%eb%e9&category=Empty Machon Yerushalayim annotated edition] | * Yad Malachi, especially the [http://www.machon-y.com/VSHOP/WSHOP.wzx?UC=machonj&SingleItem=%e9%e3%20%ee%ec%e0%eb%e9&category=Empty Machon Yerushalayim annotated edition] | ||
