Shulchan Aruch: Difference between revisions
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ולכן הסכמתי בדעתי כי להיות שלשת עמודי ההוראה אשר הבית בית ישראל נשען עליהם בהוראותיהם הלא המה הרי"ף והרמב"ם והרא"ש ז"ל אמרתי אל לבי שבמקום ששנים מהם מסכימים לדעת אחת נפסוק הלכה כמותם אם לא במקצת מקומות שכל חכמי ישראל או רובם חולקין על הדעת ההוא ולכן פשט המנהג בהיפך:</blockquote> | ולכן הסכמתי בדעתי כי להיות שלשת עמודי ההוראה אשר הבית בית ישראל נשען עליהם בהוראותיהם הלא המה הרי"ף והרמב"ם והרא"ש ז"ל אמרתי אל לבי שבמקום ששנים מהם מסכימים לדעת אחת נפסוק הלכה כמותם אם לא במקצת מקומות שכל חכמי ישראל או רובם חולקין על הדעת ההוא ולכן פשט המנהג בהיפך:</blockquote> | ||
In his acclaimed introduction to the Beit Yosef, Rav Yosef Karo sets down his monumental rules of Pesak, to follow the three Amudei Horaah, the [[Rif]], [[Rambam]], and [[Rosh]], upon whom the entire Jewish nation relies. We are simply incapable of decide for ourselves who is correct from among the dominating figures of the Rishonim. There exist a number of approaches to understanding the Beit Yosef's approach to Halacha and the extent to which it has been accepted among the Jewish people. Such discussions also appear regarding the acceptance of the Arizal's rulings. These are some basic approaches to elaborated on further below.<ref>This overview section is based heavily on the [http://www.otzar.org/wotzar/book.aspx?198570&pageid=19857000527 Darkei Horaah section of Orot HaTahorah], by Rav Zecharia ben Shlomo. It also appears in the back of his other Sefarim, Hilchot Tzava and Orot HaHalacha.</ref> | In his acclaimed introduction to the Beit Yosef, Rav Yosef Karo sets down his monumental rules of Pesak, to follow the three Amudei Horaah, the [[Rif]], [[Rambam]], and [[Rosh]], upon whom the entire Jewish nation relies. We are simply incapable of decide for ourselves who is correct from among the dominating figures of the Rishonim. There exist a number of approaches to understanding the Beit Yosef's approach to Halacha and the extent to which it has been accepted among the Jewish people. Such discussions also appear regarding the acceptance of the Arizal's rulings. These are some basic approaches to elaborated on further below.<ref>This overview section is based heavily on the [http://www.otzar.org/wotzar/book.aspx?198570&pageid=19857000527 Darkei Horaah section of Orot HaTahorah], by Rav Zecharia ben Shlomo. It also appears in the back of his other Sefarim, Hilchot Tzava and Orot HaHalacha.</ref> | ||
=== | ===Sephardim=== | ||
#'''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> | ||
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#The [[Chida]] teaches that the holiness of the Tur and Rav Yosef Karo's Neshamot merited that they should be the first steps of every Posek's decision making.<ref>Shem HaGedolim (Sefarim, Tet 17)</ref> | #The [[Chida]] teaches that the holiness of the Tur and Rav Yosef Karo's Neshamot merited that they should be the first steps of every Posek's decision making.<ref>Shem HaGedolim (Sefarim, Tet 17)</ref> | ||
=== | ===Sephardim=== | ||
#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 | #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 Sephardic community following the Shulchan Aruch does not mean that the new Sephardic communities to settle there are independent of its rulings, because '''the Sephardic 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 Sephardim.</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> | #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> | ||
#The [[Chida]] writes how Maran had the Neshama of R' Yehudah Bar Ilay, who was "Rosh HaMedabrim beChol Makom"<ref>Shabbat 33b</ref>. His ruling were accepted throughout Eretz Yisrael, Turkey, Syria, Iran, etc, but not with respect to monetary matters. According to him, one who follows the stringencies of the Rama in Eretz Yisrael need not be rebuked, but one who follows the leniencies should be. The Panim Meirot says that an Ashkenazi who keeps the leniencies of the Shulchan Aruch needs Teshuvah, and the Chida says a Yerei Hashem should keep the stringencies of both.<ref>Shem HaGedolim (Sefarim, Tet 11)</ref> | #The [[Chida]] writes how Maran had the Neshama of R' Yehudah Bar Ilay, who was "Rosh HaMedabrim beChol Makom"<ref>Shabbat 33b</ref>. His ruling were accepted throughout Eretz Yisrael, Turkey, Syria, Iran, etc, but not with respect to monetary matters. According to him, one who follows the stringencies of the Rama in Eretz Yisrael need not be rebuked, but one who follows the leniencies should be. The Panim Meirot says that an Ashkenazi who keeps the leniencies of the Shulchan Aruch needs Teshuvah, and the Chida says a Yerei Hashem should keep the stringencies of both.<ref>Shem HaGedolim (Sefarim, Tet 11)</ref> | ||
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*[http://www.hebrewbooks.org/pdfpager.aspx?req=19979&st=&pgnum=24 Ohr LeTzion vol. 2 "Yesodot Darkei Horaah."] | *[http://www.hebrewbooks.org/pdfpager.aspx?req=19979&st=&pgnum=24 Ohr LeTzion vol. 2 "Yesodot Darkei Horaah."] | ||
*[http://www.hebrewbooks.org/56804 Ein Yitzchak vol. 3], by Rav Yitzchak Yosef | *[http://www.hebrewbooks.org/56804 Ein Yitzchak vol. 3], by Rav Yitzchak Yosef | ||
*[http://www.otzar.org/wotzar/book.aspx?198570&pageid=19857000527 Orot HaTahorah], by [http://orotm.org/%D7%A8%D7%91-%D7%9E%D7%A1%D7%A4%D7%A8-3/ Rav Zecharia Ben Shlomo], page 475, "Darkei Horaah - LeShitat | *[http://www.otzar.org/wotzar/book.aspx?198570&pageid=19857000527 Orot HaTahorah], by [http://orotm.org/%D7%A8%D7%91-%D7%9E%D7%A1%D7%A4%D7%A8-3/ Rav Zecharia Ben Shlomo], page 475, "Darkei Horaah - LeShitat Sephardim, Ashkenzim, veTeimanim" | ||
==Sources== | ==Sources== | ||
