Shulchan Aruch: Difference between revisions
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#Kenesset HaGedolah, Elyah Rabbah, and Beit David write that the Shulchan Aruch and Rama accept the second Yesh. Yad Malachi (Klalei Shulchan Aruch 13) has a bunch of problematic examples and suggests that it's only applicable where there is no decisive line at the end indicating which to follow. For example, if the Halacha follows the second approach, why does Maran sometimes append a "Hachi Mistavra" to the second Yesh? Isn't the Klal sufficient to inform us that he accepts that position? Why tell us that it's logical also? The [[Chida]] (Birkei Yosef Orach Chaim 273:8) elucidates that Maran doesn't rule based on his own intellect but rather by the majority of the Poskim's. The Klal indicates which position was accepted by the Gedolei HaPoskim, and the addendum of "Hachi Mistavra" means that Maran himseld also though it logical. | #Kenesset HaGedolah, Elyah Rabbah, and Beit David write that the Shulchan Aruch and Rama accept the second Yesh. Yad Malachi (Klalei Shulchan Aruch 13) has a bunch of problematic examples and suggests that it's only applicable where there is no decisive line at the end indicating which to follow. For example, if the Halacha follows the second approach, why does Maran sometimes append a "Hachi Mistavra" to the second Yesh? Isn't the Klal sufficient to inform us that he accepts that position? Why tell us that it's logical also? The [[Chida]] (Birkei Yosef Orach Chaim 273:8) elucidates that Maran doesn't rule based on his own intellect but rather by the majority of the Poskim's. The Klal indicates which position was accepted by the Gedolei HaPoskim, and the addendum of "Hachi Mistavra" means that Maran himseld also though it logical. | ||
#Ginat Veradim interestingly posits you can choose. | #Ginat Veradim interestingly posits you can choose. See Yabia Omer (vol. 6 Choshen Mishpat 2, vol. 7 Even HaEzer 13:2 at the end) about when one can rely on this. | ||
See [http://www.hebrewbooks.org/pdfpager.aspx?req=7658&st=&pgnum=303 Yafeh LeLev Orach Chayim vol. 1 159:6] who adds another challenging citation to the Yad Malachi's list, [http://www.hebrewbooks.org/pdfpager.aspx?req=7976&st=&pgnum=297 Petach HaDevir vol 3 pg 296 col 3], and Sdei Chemed (Klalei HaPoskim 13:14-15), as cited in Matnat Yado fn. 71.</ref> | See [http://www.hebrewbooks.org/pdfpager.aspx?req=7658&st=&pgnum=303 Yafeh LeLev Orach Chayim vol. 1 159:6] who adds another challenging citation to the Yad Malachi's list, [http://www.hebrewbooks.org/pdfpager.aspx?req=7976&st=&pgnum=297 Petach HaDevir vol 3 pg 296 col 3], and Sdei Chemed (Klalei HaPoskim 13:14-15), as cited in Matnat Yado fn. 71.</ref> | ||
#"Yesh veYesh" means "Yesh Omrim X veYesh Omrim Y," but "Yesh vePloni," such as "Yesh Omrim X, veHaRambam Omer Y" would not qualify under this rule; rather, Maran is highlighting the opinion of a Yachid that we do not follow.<ref>Yad Malachi (Klalei Shulchan Aruch 14</ref> Some might argue that when both Yesh Omrim's begin with a vav - "'''ve'''Yesh Omrim X, '''ve'''Yesh Omrim Y" - the rule does not apply.<ref>Magen Avot Orach Chaim 422:2 fn. 308 s.v. Vegam.</ref> | #"Yesh veYesh" means "Yesh Omrim X veYesh Omrim Y," but "Yesh vePloni," such as "Yesh Omrim X, veHaRambam Omer Y" would not qualify under this rule; rather, Maran is highlighting the opinion of a Yachid that we do not follow.<ref>Yad Malachi (Klalei Shulchan Aruch 14</ref> Some might argue that when both Yesh Omrim's begin with a vav - "'''ve'''Yesh Omrim X, '''ve'''Yesh Omrim Y" - the rule does not apply.<ref>Magen Avot Orach Chaim 422:2 fn. 308 s.v. Vegam.</ref> | ||
