Shulchan Aruch: Difference between revisions
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==Overview== | ==Overview== | ||
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'''בית יוסף - הקדמה''' | '''בית יוסף - הקדמה''' | ||
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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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#The emendations of the Bedek HaBayit were not always printed on the right Siman in Beit Yosef.<ref>Yad Malachi (Klalei Beit Yosef 39), Shem HaGedolim (Gedolim, Yud 165; Sefarim, Bet 31)</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), Shem HaGedolim (Gedolim, Yud 165; Sefarim, Bet 31)</ref> | ||
#The [[Rama]] didn't see the Bedek HaBayit,<ref>Yad Malachi (Klalei Beit Yosef 39)</ref> because it was printed after he died. Neither did the Sma, [[Bach]], or Tosafot Yom Tov.<ref>Beit Shmuel 15, Shach (Yoreh Deah 34), Elyah Rabbah 101:3, Birkei Yosef Yoreh Deah 286:2 and Orach Chaim 27:4 and 101, Shem HaGedolim (Sefarim, Bet 31) and Menachem Tzion ad loc., Sdei Chemed Klalei HaPoskim 14:9), Matnat Yado ad loc.</ref> Some say the [[Taz]] didn't have the Bedek Habayit either.<ref>Pitchei Teshuva Y.D. 163:3 citing the Chatom Sofer</reF> | #The [[Rama]] didn't see the Bedek HaBayit,<ref>Yad Malachi (Klalei Beit Yosef 39)</ref> because it was printed after he died. Neither did the Sma, [[Bach]], or Tosafot Yom Tov.<ref>Beit Shmuel 15, Shach (Yoreh Deah 34), Elyah Rabbah 101:3, Birkei Yosef Yoreh Deah 286:2 and Orach Chaim 27:4 and 101, Shem HaGedolim (Sefarim, Bet 31) and Menachem Tzion ad loc., Sdei Chemed Klalei HaPoskim 14:9), Matnat Yado ad loc.</ref> Some say the [[Taz]] didn't have the Bedek Habayit either.<ref>Pitchei Teshuva Y.D. 163:3 citing the Chatom Sofer. Taz Y.D. 168:36 also implies this as the Shaar Deah 168:11 notes.</reF> | ||
#When faced with a Bedek HaBayit that permits something prohibited in the Beit Yosef, the [[Kenesset HaGedolah]] argues it doesn't indicate retraction: the Beit Yosef is a comprehensive compilation of all the opinions, so he was just filling it in but doesn't necessarily hold of it.<ref>Yad Malachi (Klalei Beit Yosef 37)</ref> | #When faced with a Bedek HaBayit that permits something prohibited in the Beit Yosef, the [[Kenesset HaGedolah]] argues it doesn't indicate retraction: the Beit Yosef is a comprehensive compilation of all the opinions, so he was just filling it in but doesn't necessarily hold of it.<ref>Yad Malachi (Klalei Beit Yosef 37)</ref> | ||
#According to Rav Yosef Karo's son, 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 and adds that had they still be available, most of the objections raised against the Shulchan Aruch would be resolved.<ref>Shem HaGedolim (Gedolim, Yud 165; Sefarim, Bet 31)</ref> | #According to Rav Yosef Karo's son, 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 and adds that had they still be available, most of the objections raised against the Shulchan Aruch would be resolved.<ref>Shem HaGedolim (Gedolim, Yud 165; Sefarim, Bet 31)</ref> | ||
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#If Maran stipulates that something is only permissible given a certain parameter yet he himself elsewhere writes that that parameter isn't necessary, his intention here is just to say that with this additional factor everyone is lenient.<ref>Yad Malachi (Klalei Shulchan Aruch 8)</ref> | #If Maran stipulates that something is only permissible given a certain parameter yet he himself elsewhere writes that that parameter isn't necessary, his intention here is just to say that with this additional factor everyone is lenient.<ref>Yad Malachi (Klalei Shulchan Aruch 8)</ref> | ||
#When Maran writes "דברי פלוני נראין," he concurs to rule stringently but not for that Posek's reasoning. Additionally, "ויש לאסור כסברא פלוני" means he rules that way and agrees with the reasoning, too.<ref>Yad Malachi (Klalei Shulchan Aruch 9)</ref> | #When Maran writes "דברי פלוני נראין," he concurs to rule stringently but not for that Posek's reasoning. Additionally, "ויש לאסור כסברא פלוני" means he rules that way and agrees with the reasoning, too.<ref>Yad Malachi (Klalei Shulchan Aruch 9)</ref> | ||
#Maran always records the ruling in the original articulation of the Posek it comes from, even if there is some difficulty in his language that may even have practical ramifications. Essentially, he leaves room to inject whatever explanation is given for that Posek's words to the ruling in Shulchan Aruch, as well.<ref>Yad Malachi (Klalei Shulchan Aruch 11)</ref> | #Maran always records the ruling in the original articulation of the Posek it comes from, even if there is some difficulty in his language that may even have practical ramifications. Essentially, he leaves room to inject whatever explanation is given for that Posek's words to the ruling in Shulchan Aruch, as well.<ref>Yad Malachi (Klalei Shulchan Aruch 11). See Taharat HaBayit vol. 2 pg. 252 fn. s.v. ועינא for more references.</ref> | ||
====Stam veYesh (סתם ויש)==== | ====Stam veYesh (סתם ויש)==== | ||
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#The Kenesset HaGedolah writes that Shulchan Aruch follows the Stam unequivocally and unabashedly and only presents the Yesh to give Kavod to the Rishon who maintains that position, unless indicated otherwise.<ref>Yad Malachi (Klalei Shaar HaPoskim 17)</ref> The Ginat Veradim says it's a dispensation to allow later Chachamim who invest themselves in the Halacha and come to the conclusion of the Yesh Omrim to follow it. Many Acharonim accept this Klal, including the Rama miFano, Bach, Shach, Pri Chadash, Beit David, Elyah Rabbah, Chelkat Mechokek, and Yad Malachi.<ref>Yad Malachi (Klalei Shulchan Aruch 17). See Sdei Chemed Klalei HaPoskim 13:8, Minchat Yitzchak 10:8.</ref> | #The Kenesset HaGedolah writes that Shulchan Aruch follows the Stam unequivocally and unabashedly and only presents the Yesh to give Kavod to the Rishon who maintains that position, unless indicated otherwise.<ref>Yad Malachi (Klalei Shaar HaPoskim 17)</ref> The Ginat Veradim says it's a dispensation to allow later Chachamim who invest themselves in the Halacha and come to the conclusion of the Yesh Omrim to follow it. Many Acharonim accept this Klal, including the Rama miFano, Bach, Shach, Pri Chadash, Beit David, Elyah Rabbah, Chelkat Mechokek, and Yad Malachi.<ref>Yad Malachi (Klalei Shulchan Aruch 17). See Sdei Chemed Klalei HaPoskim 13:8, Minchat Yitzchak 10:8.</ref> | ||
#A Stam VeYesh that is reversed elsewhere, meaning the Stam here is the Yesh there and the Yesh here is the Stam there, leaves us uncertain how to proceed.<ref>Yad Malachi (Klalei Shaar HaPoskim 18)</ref> | #A Stam VeYesh that is reversed elsewhere, meaning the Stam here is the Yesh there and the Yesh here is the Stam there, leaves us uncertain how to proceed.<ref>Yad Malachi (Klalei Shaar HaPoskim 18)</ref> | ||
# The Beit David proposed that whenever the Stam merely states a basic Halacha and the Yesh modifies it by introducing a new parameter (i.e. it mentions a detail that was not explicitly addressed in the Stam), the Halacha follows the Yesh. In this case, he argues, the Yesh is not opposing the stam but, rather, is adding on a layer of detail. A number of Poskim debate whether the Beit David's rule is correct or not.<ref>See Shulchan Aruch Orach Chaim 588:2 and 590:8, Pri Chadash to the former, Beit David Orach Chaim 409 and 441, Taharat HaBayit vol. 1 8:4 and footnotes ad loc, and Keter David footnotes on Beit David Orach Chaim 409 printed in the Machon HaKeter edition of Beit David</Ref> | |||
====Yesh veYesh (יש ויש)==== | ====Yesh veYesh (יש ויש)==== | ||
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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== | ||
{{Reflist|30em}} | {{Reflist|30em}} | ||
[[Category: | [[Category:Rules for Determining Halacha]] | ||
<references /> | <references /> | ||
