1,988
edits
Shulchan Aruch: Difference between revisions
From Halachipedia
rav mordechai eliyahu all shitot
MordechaiD (talk | contribs) (→Klalei HaRama: move to separate pag) |
MordechaiD (talk | contribs) (rav mordechai eliyahu all shitot) |
||
| Line 9: | Line 9: | ||
# '''Chacham Ovadia Yosef''': The rulings of Shulchan Aruch have been accepted in any case, lenient or strict, even Lechatchilah. In a case of "Stam vaYesh," the Halacha follows the Stam unequivocally.<ref>See Yabia Omer (vol. 1 Yoreh De'ah 25), the end of Yechaveh Da'at (vol. 5), and the introduction to Taharat haBayit.</ref> | # '''Chacham Ovadia Yosef''': The rulings of Shulchan Aruch have been accepted in any case, lenient or strict, even Lechatchilah. In a case of "Stam vaYesh," the Halacha follows the Stam unequivocally.<ref>See Yabia Omer (vol. 1 Yoreh De'ah 25), the end of Yechaveh Da'at (vol. 5), and the introduction to Taharat haBayit.</ref> | ||
# '''Chacham Ben Tzion Abba Shaul''': The Shulchan Aruch's rulings are not absolute "BeTorat Vaday. Although he decides debates between the Rishonim, if one side was not completely rejected, the Shulchan Aruch will present the more correct one as "Stam" and the less correct but still significant view as a "Yesh Omrim" to recommend one be stringent if easily possible. If the "Yesh" is more lenient, then it's worthy of being included as an additional reason to be lenient in situations of need. This understanding resolves numerous contradictions in Shulchan Aruch and stringencies in Ben Ish Chai. Similarly, in a "Yesh veYesh" - two Yesh Omrims - the Halacha follows the latter, but the former was written for the above reasons. Essentially, the rulings of the Shulchan Aruch were accepted "BeTorat Safek;" therefore, one can better understand how Acharonim can rule stringently against the Shulchan Aruch in cases of Torah level prohibitions, such as by employing the principle of Safek Berachot leHakel Neged Maran.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=19979&st=&pgnum=24 Ohr LeTzion vol. 2 "Yesodot Darkei Horaah."] This is also the primary approach of Rav Zecharia ben Shlomo</ref> | # '''Chacham Ben Tzion Abba Shaul''': The Shulchan Aruch's rulings are not absolute "BeTorat Vaday. Although he decides debates between the Rishonim, if one side was not completely rejected, the Shulchan Aruch will present the more correct one as "Stam" and the less correct but still significant view as a "Yesh Omrim" to recommend one be stringent if easily possible. If the "Yesh" is more lenient, then it's worthy of being included as an additional reason to be lenient in situations of need. This understanding resolves numerous contradictions in Shulchan Aruch and stringencies in Ben Ish Chai. Similarly, in a "Yesh veYesh" - two Yesh Omrims - the Halacha follows the latter, but the former was written for the above reasons. Essentially, the rulings of the Shulchan Aruch were accepted "BeTorat Safek;" therefore, one can better understand how Acharonim can rule stringently against the Shulchan Aruch in cases of Torah level prohibitions, such as by employing the principle of Safek Berachot leHakel Neged Maran.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=19979&st=&pgnum=24 Ohr LeTzion vol. 2 "Yesodot Darkei Horaah."] This is also the primary approach of Rav Zecharia ben Shlomo</ref> | ||
# '''Chacham Mordechai Eliyahu''': The '''Ben Ish Chai''' unified Nigleh and Nistar, the rulings of Maran Rav Yosef Karo with those of the Zohar and Mekubalim, with the Arizal at their head, and he was accepted as the Posek Acharon.<ref>Hakdama to Kitzur Shulchan Aruch with comments of Rav Mordechai Eliyahu. For a crisp and concise articulation of this approach, see [https://www.youtube.com/watch?v=-r76FxGzCuM Which Hacham/Rabbi Should Sephardim Follow? by Rabbi Ya'aqob Menashe].</ref> | # '''Chacham Mordechai Eliyahu''': The '''Ben Ish Chai''' unified Nigleh and Nistar, the rulings of Maran Rav Yosef Karo with those of the Zohar and Mekubalim, with the Arizal at their head, and he was accepted as the Posek Acharon.<ref>Hakdama to Kitzur Shulchan Aruch with comments of Rav Mordechai Eliyahu. For a crisp and concise articulation of this approach, see [https://www.youtube.com/watch?v=-r76FxGzCuM Which Hacham/Rabbi Should Sephardim Follow? by Rabbi Ya'aqob Menashe].</ref> One's role is to satisfy all opinions, not find lenient views to rely upon. Those are reserved for only dire circumstances.<ref>[https://www.yeshiva.org.il/midrash/14089 רב לכלל ישראל] by HaRav Eliezer Melamed</ref> | ||
=== Ashkenazim === | === Ashkenazim === | ||
