Shulchan Aruch: Difference between revisions
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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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==Sources== | ==Sources== | ||
{{Reflist|30em}} | {{Reflist|30em}} | ||
[[Category: | [[Category:Rules for Determining Halacha]] | ||
<references /> | <references /> | ||
