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Shulchan Aruch: Difference between revisions
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# '''Shtilei Zeitim<ref>Hakdama to Shtilei Zeitim</ref> and Revid HaZahav<ref>Revid HaZahav Siman 26, page 37</ref>''': Teimanim follow Shulchan Aruch completely, with a sprinkling of Minhagim like the Rama, but not the [[Rambam]].<ref>See Iggerot Moshe Yoreh Deah vol. 3 Siman 117</ref> | # '''Shtilei Zeitim<ref>Hakdama to Shtilei Zeitim</ref> and Revid HaZahav<ref>Revid HaZahav Siman 26, page 37</ref>''': Teimanim follow Shulchan Aruch completely, with a sprinkling of Minhagim like the Rama, but not the [[Rambam]].<ref>See Iggerot Moshe Yoreh Deah vol. 3 Siman 117</ref> | ||
# '''Rav Yosef Kapach''': The custom in Teiman was to follow the [[Rambam]] almost exclusively.<ref>Hakdama to Biur on Mishneh Torah, pages 21-22, He told HaRav Zecharia Ben Shlomo on more than one occasion that there are cases where they do not follow the [[Rambam]]</ref> | # '''Rav Yosef Kapach''': The custom in Teiman was to follow the [[Rambam]] almost exclusively.<ref>Hakdama to Biur on Mishneh Torah, pages 21-22, He told HaRav Zecharia Ben Shlomo on more than one occasion that there are cases where they do not follow the [[Rambam]]</ref> | ||
==Purpose== | |||
== Acceptance of Shulchan Aruch== | |||
===Sepharadim=== | |||
# In general, if a community with Minhagim is removed from its location for whatever reason and another community (not just individuals) eventually takes its location, the second community maintains its own traditions and is not bound by the traditions of the original one.<ref>See Beur Halacha 468 s.v. Vechumrei HaMakom</ref> However, in Eretz Yisrael, where the Minhag has been like the Shulchan Aruch, the lack of current Sepharadic community following the Shulchan Aruch does not mean that the new Sepharadic communities to settle there are independent of its rulings, because '''the Sepharadic acceptance of Shulchan Aruch is not a function of Minhag HaMakom or Mara deAtra, which could be lost, but rather, acceptance on the community and all its descendants.''' Therefore, the communities moving to Eretz Yisrael are themselves communities that already live under the banner of Shulchan Aruch, as they have for centuries, and continue to do so. Of course, if they ''never'' accepted the Shulchan Aruch, that's a different story. With respect to the [[Rambam]], however, the acceptance ''was'' a function of Mara deAtra, so the acceptance is not binding on new communities. With the great Kibbutz Galuyot of the past century, it's worthwhile for all those gathering in Eretz Yisrael to accept Minhag Yerushalayim as a unifying force and avoid controversy in the commonly non-uniform communities that now exist.<ref>Rav Chaim David HaLevi (Shu"t Aseh Lecha Rav vol. 7 Siman 4) defending Rav Ovadia (Shu"t Yechave Da'at 1:12) against a question by Rav Avraham Sherman ([http://www.daat.ac.il/daat/kitveyet/niv/yesodot1-2.htm Niv HaMidrashia vol. 18-19 Iyyar 5745]). He continues to point out that the Chazon Ish's illustration (Zeraim, Sheviit 23:5) of the Minhag evolving from the following [[Rambam]], to the Shulchan Aruch, and then to Acharonim is only relevant to Ashkenazim, who dird not accept the Shulchan Aruch's rulings on themselves and their descendants, unlike the Sepharadim.</ref> | |||
# The first printing of Beit Yosef was such a success that Maran was unable to send Bedek HaBayit, his additions and revisions, to the printers in time for them to be included in the second printing, so it had to be printed as a separate sefer and then incorporated in later editions of Beit Yosef.<ref>Hakdama to Bedek HaBayit</ref> | |||
== Chronology of Writings == | |||
# Authorities are uncertain which work was written first, Kessef Mishneh or Beit Yosef. The number of cross citations from one book to another are too numerous in each direction to be convincing of one side or the other and, in fact, lead the Shulchan Gavoah<ref>Shulchan Gavoah (Klalim Siman 13)</ref> to determine that Rav Yosef Karo worked on both works simultaneously The Yad Malachi, however, argues that the Kessef Mishneh must have been completed after the Beit Yosef, because, in Kessef Mishneh, it says that the Shemitta is in year 5327, and in the end of Beit Yosef, it says the Sefer was completed in the year 5314. It's certainly possible, though, that he worked on both simultaneously and therefore referenced the Kessef Mishneh manuscript in Beit Yosef.<ref>Yad Malachi (Klalei HaKessef Mishneh 1-2)</ref> The [[Chida]] disproves this claim, because the first printing of Beit Yosef was in 5310, and Kessef Mishneh was complete but not printed until the end of Rav Yosef Karo's life. As long as he was alive, he continued to work on the Sefer, and he passed away in middle of the printing endeavor.<ref>Shem HaGedolim (Sefarim, Maarechet Bet Ot 59, Maarechet Kaf Ot 50), Matnat Yado fn. 17. See Sdei Chemed (Klalei HaPoskim 13:28)</ref> | |||
# Many postulate that Shulchan Aruch was written after Bedek HaBayit, as the later positions taken in Bedek HaBayit appear in Shulchan Aruch, as well.<ref>Kenesset HaGedolah and Ginat Veradim cited in Yad Malachi (Klalei Shulchan Aruch 15)</ref> Maamar Mordechai<ref>Maamar Mordechai 27:1</ref> extrapolates that when Shulchan Aruch doesn't align with Bedek HaBayit, it means he retracted [again].<ref>See Shem HaGedolim vol. 2 Bedek HaBayit, Sdei Chemed Klalei HaPoskim 13:30, Shu"t Yabia Omer (vol 4 Orach Chaim 8:23, vol. 6 Chosen Mishpat 6:5, and vol. 9 Yoreh Deah 8:2</ref> | |||
# Rav Yosef Karo wrote a commentary called Klalei HaGemara on the Sefer Halichot Olam, which discusses Klalei HaTalmud. The Beit David claims Maran wrote the Klalei HaGemara later in life after completing his other works, but the Yad Malachi<ref>Yad Malachi (Klalei Beit Yosef 42)</ref> thinks the reverse is more likely. The [[Chida]]<ref>Ein Zocher Lamed 14</ref> sides with the Beit David and adds that when Maran wrote his other Sefarim, he kept a list of Klalim that he extrapolated along the way and that eventually became Klalei HaGemara. <ref>Shem HaGedolim vol. 2 Ot Chaf 24. Matnat Yado fn. 110. In fn. 111 he quotes the Ein Zocher (ibid) who writes how the Kenesset HaGedolah did the same.</ref> | |||
== Beit Yosef == | |||
===Purpose=== | |||
In his acclaimed introduction to Beit Yosef, Maran HaRav Yosef Karo elaborates his reasoning for writing his Sefer. Here are some of the highlights: | In his acclaimed introduction to Beit Yosef, Maran HaRav Yosef Karo elaborates his reasoning for writing his Sefer. Here are some of the highlights: | ||
===Context=== | ====Context==== | ||
# In a post Expulsion world, there is much blending of Halachic paths taking place, and there needs to be a unified voice of guidance. | # In a post Expulsion world, there is much blending of Halachic paths taking place, and there needs to be a unified voice of guidance. | ||
# Although many Sefarim have been written, they often induce much confusion, by rehashing what others already wrote beforehand or misleading one to think the rulings are unequivocal, while they in fact are laden in controversy. Demanding that one research the sources himself is unreasonable, and existing resources like the [[Maggid Mishneh]] and [[Rabbeinu Yerucham]] are not comprehensive, lacking, or limited in scope. Even if one knows the source, he still bears the burden of looking it and all of its commentaries up himself, find the relevant responsa, and determine which to follow. Certainly one who intends to cover much ground and gather wide, sweeping knowledge of the gamut of Halacha has his hands overflowing with sources to learn, remember, and not get sidetracked by. Even looking up the relevant Gemaras on each topic is already a handful. Attempting to substitute with Sifrei Kitzurim is a recipe to not know a single Halacha well. Therefore he decided to write a Sefer that includes all of the Halachot with their sources and arrays of understandings in the Poskim. | # Although many Sefarim have been written, they often induce much confusion, by rehashing what others already wrote beforehand or misleading one to think the rulings are unequivocal, while they in fact are laden in controversy. Demanding that one research the sources himself is unreasonable, and existing resources like the [[Maggid Mishneh]] and [[Rabbeinu Yerucham]] are not comprehensive, lacking, or limited in scope. Even if one knows the source, he still bears the burden of looking it and all of its commentaries up himself, find the relevant responsa, and determine which to follow. Certainly one who intends to cover much ground and gather wide, sweeping knowledge of the gamut of Halacha has his hands overflowing with sources to learn, remember, and not get sidetracked by. Even looking up the relevant Gemaras on each topic is already a handful. Attempting to substitute with Sifrei Kitzurim is a recipe to not know a single Halacha well. Therefore he decided to write a Sefer that includes all of the Halachot with their sources and arrays of understandings in the Poskim. | ||
===Structure=== | ====Structure==== | ||
# Instead of writing a new Sefer and rehashing that which has already been done, I decided to write my work as a commentary on a major Posek's work. At first, I considered writing it on the [[Rambam]], since he's the most lauded Posek in the world. Then, I changed my mind and wrote on the [[Tur]] instead, because the [[Rambam]] only presents his own opinion and not those of others, which would mean Rav Yosef Karo would have to write even more. | # Instead of writing a new Sefer and rehashing that which has already been done, I decided to write my work as a commentary on a major Posek's work. At first, I considered writing it on the [[Rambam]], since he's the most lauded Posek in the world. Then, I changed my mind and wrote on the [[Tur]] instead, because the [[Rambam]] only presents his own opinion and not those of others, which would mean Rav Yosef Karo would have to write even more. | ||
# As a result, the Beit Yosef was written on the [[Tur]], to: | # As a result, the Beit Yosef was written on the [[Tur]], to: | ||
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## Elucidate the words of Rishonim, especially the difficult ones, like the [[Rambam]], whose words are often cryptic | ## Elucidate the words of Rishonim, especially the difficult ones, like the [[Rambam]], whose words are often cryptic | ||
## This way, one who learns it will have the the explained opinions of major Rishonim plus some [[Zohar]] organized in front of him. | ## This way, one who learns it will have the the explained opinions of major Rishonim plus some [[Zohar]] organized in front of him. | ||
===The Remarkable Derech HaPesak=== | ====The Remarkable Derech HaPesak==== | ||
# The goal of the Beit Yosef is to indeed to decide which position to follow, but not with Talmudic proofs. The Chiddushim of the Rishonim are already erupting with the back and forth of Talmud Torah at levels that we are incapable of determining who is correct. Attempting to do so would be foolish, cavalier, and simply arrogant. We're incapable in our diminished state of sin to understand or outsmart them. | # The goal of the Beit Yosef is to indeed to decide which position to follow, but not with Talmudic proofs. The Chiddushim of the Rishonim are already erupting with the back and forth of Talmud Torah at levels that we are incapable of determining who is correct. Attempting to do so would be foolish, cavalier, and simply arrogant. We're incapable in our diminished state of sin to understand or outsmart them. | ||
# Therefore, I decided to use the three pillars of Halacha upon which the entire Jewish nation is supported - the [[Rif]], [[Rambam]], and [[Rosh]]. | # Therefore, I decided to use the three pillars of Halacha upon which the entire Jewish nation is supported - the [[Rif]], [[Rambam]], and [[Rosh]]. | ||
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# If one of the three did not reveal his opinion, then we'll follow the eminent Chachamim who did voice an opinion on the matter. | # If one of the three did not reveal his opinion, then we'll follow the eminent Chachamim who did voice an opinion on the matter. | ||
# In locations where there was already a pre-established Minhag to prohibit something, they should uphold it, as is elaborated in Perek Makom SheNahagu<ref>Pesachim 51a</ref> | # In locations where there was already a pre-established Minhag to prohibit something, they should uphold it, as is elaborated in Perek Makom SheNahagu<ref>Pesachim 51a</ref> | ||
===The Name=== | ====The Name==== | ||
# As the Sefer will sustain students of any caliber in understanding the Tur, it's called Beit Yosef, just as everyone was fed from Yosef's estate in Mitzrayim. | # As the Sefer will sustain students of any caliber in understanding the Tur, it's called Beit Yosef, just as everyone was fed from Yosef's estate in Mitzrayim. | ||
# Also because it's my home in Olam HaZeh and Olam HaBa. | # Also because it's my home in Olam HaZeh and Olam HaBa. | ||
== | ===Klalim=== | ||
# Given that the [[Rosh]], [[Mordechai]]. [[Samag]], [[Samak]], [[Sefer HaTerumah]], and [[Hagahot Maimoniot]] all draw from the [[Baalei HaTosafot]], the complete list of citations regarding Halachot they all write of is omitted in favor of just citing the location in Tosafot. Therefore, one shouldn't be concerned that the those sources were not seen by the Beit Yosef.<ref>Hakdama to Beit Yosef</ref> | # Given that the [[Rosh]], [[Mordechai]]. [[Samag]], [[Samak]], [[Sefer HaTerumah]], and [[Hagahot Maimoniot]] all draw from the [[Baalei HaTosafot]], the complete list of citations regarding Halachot they all write of is omitted in favor of just citing the location in Tosafot. Therefore, one shouldn't be concerned that the those sources were not seen by the Beit Yosef.<ref>Hakdama to Beit Yosef</ref> | ||
# Due to the fact that the Shu"t Ha[[Rashba]] printed in the times of the Beit Yosef was mistakenly attributed to the [[Ramban]], the Beit Yosef refers to it as Shu"t Ha[[Ramban]], even though he knew it was really the [[Rashba]]'s. This way, one who seeks to look up the source will know which Sefer to open.<ref>Hakdama to Beit Yosef</ref> | # Due to the fact that the Shu"t Ha[[Rashba]] printed in the times of the Beit Yosef was mistakenly attributed to the [[Ramban]], the Beit Yosef refers to it as Shu"t Ha[[Ramban]], even though he knew it was really the [[Rashba]]'s. This way, one who seeks to look up the source will know which Sefer to open.<ref>Hakdama to Beit Yosef</ref> | ||
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# According to the Kenesset HaGedolah, the style of the Beit Yosef is to collect sevarot, so sometimes opposite ideas will be separated by an "Aval" but not always, because his intention is to inform us of the spectrum of opinions and for the Posek to decide.<ref>Yad Malachi (Klalei Beit Yosef 41)</ref> | # According to the Kenesset HaGedolah, the style of the Beit Yosef is to collect sevarot, so sometimes opposite ideas will be separated by an "Aval" but not always, because his intention is to inform us of the spectrum of opinions and for the Posek to decide.<ref>Yad Malachi (Klalei Beit Yosef 41)</ref> | ||
== | ===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 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> | # 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> | ||
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# Some of the pamphlets of Bedek HaBayit were lost, which may account for contradictions between Beit Yosef and Shulchan Aruch, as the retracting statements never made it to the page. The [[Chida]] postulates that only 1/50 of the actual Bedek HaBayit is extant.<ref>Shem HaGedolim (Gedolim, Yud 165)</ref> | # Some of the pamphlets of Bedek HaBayit were lost, which may account for contradictions between Beit Yosef and Shulchan Aruch, as the retracting statements never made it to the page. The [[Chida]] postulates that only 1/50 of the actual Bedek HaBayit is extant.<ref>Shem HaGedolim (Gedolim, Yud 165)</ref> | ||
== | == Shulchan Aruch == | ||
=== Purpose === | === Purpose === | ||
# The intention of Maran and the Rama was for Shulchan Aruch to serve as a tool for monthly review by those who have already learned the [[Tur]] and Beit Yosef.<ref>Hakdama to Shulchan Aruch</ref> 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 (Klalei HaPoskim 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> | # The intention of Maran and the Rama was for Shulchan Aruch to serve as a tool for monthly review by those who have already learned the [[Tur]] and Beit Yosef.<ref>Hakdama to Shulchan Aruch</ref> 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 (Klalei HaPoskim 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> | ||
