Shulchan Aruch: Difference between revisions
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==== Yesh veYesh (יש ויש) ==== | ==== Yesh veYesh (יש ויש) ==== | ||
See [[Tur#Stam vaYesh and Yesh veYesh]] | See [[Tur#Stam vaYesh and Yesh veYesh]] | ||
# There are three basic Shitot in Yesh veYesh (יש אומרים ויש אומרים): The Halacha follows the first, the second, or whichever one the Posek chooses.<ref> | # There are three basic Shitot in Yesh veYesh (יש אומרים ויש אומרים): The Halacha follows the first, the second, or whichever one the Posek chooses.<ref>The three positions are: | ||
# 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 [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> | # "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> | ||
# When Maran presents the first opinion in the plural "Yesh Omrim" (יש אומרים) and the second in the singular "Yesh Mi SheOmer" (ויש מי שאומר), the Ginat Veradim and Kenesset HaGedolah understand that he accepts the first position and is implying that the latter one is a Yachid. However, the Yad Malachi<ref>Yad Malachi (Klalei Shulchan Aruch 15)</ref> feels the Kenesset HaGedolah eventually retracted his position in his Klalim, while others argue that he misunderstood the second Klal and there was never a retraction.<ref>Matnat Yado ad loc</ref> | # When Maran presents the first opinion in the plural "Yesh Omrim" (יש אומרים) and the second in the singular "Yesh Mi SheOmer" (ויש מי שאומר), the Ginat Veradim and Kenesset HaGedolah understand that he accepts the first position and is implying that the latter one is a Yachid. However, the Yad Malachi<ref>Yad Malachi (Klalei Shulchan Aruch 15)</ref> feels the Kenesset HaGedolah eventually retracted his position in his Klalim, while others argue that he misunderstood the second Klal and there was never a retraction.<ref>Matnat Yado ad loc</ref> | ||
