Shulchan Aruch: Difference between revisions
From Halachipedia
MordechaiD (talk | contribs) (links to other pages) |
MordechaiD (talk | contribs) (→Purpose: cleanup) |
||
| Line 39: | Line 39: | ||
== Klalei Shulchan Aruch == | == Klalei Shulchan Aruch == | ||
=== Purpose === | === Purpose === | ||
# The intention of Maran and the Rama was for Shulchan Aruch to serve as a tool for review by those who have already learned the [[Tur]] and Beit Yosef. The purpose is not to rule from the sefer itself. The Sma<ref>Sma Hakdama</ref> laments how in his day, centuries ago, many people wanted to learn the entire Torah on one foot and would rule from the Shulchan Aruch alone. The Beit Yosef himself<ref>Shu"t Beit Yosef Even HaEzer Dinei Gittin Siman 4</ref> himself makes this point. As the Sdei Chemed<ref>Sdei Chemed | # The intention of Maran and the Rama was for Shulchan Aruch to serve as a tool for review by those who have already learned the [[Tur]] and Beit Yosef. The purpose is not to rule from the sefer itself. The Sma<ref>Sma Hakdama</ref> laments how in his day, centuries ago, many people wanted to learn the entire Torah on one foot and would rule from the Shulchan Aruch alone. The Beit Yosef himself<ref>Shu"t Beit Yosef Even HaEzer Dinei Gittin Siman 4</ref> himself makes this point. As the Sdei Chemed<ref>Sdei Chemed (Klalei HaPoskim 13:2)</ref> puts it, if you don't know the source you won't understand the din. The Acharonim, notably the Maharsha<ref>Chiddushei Aggadot Sotah 22a</ref>, term such mistaken people "destroyers of the world," but nowadays with the many commentaries on the page of Shulchan Aruch, there's a strong argument to be made that this isn't as relevant of a concern, because the reasoning and source will be explained among the commentators, as well.<ref>Pitchei Teshuva Yoreh Deah 242. Yad Malachi (Klalei Shulchan Aruch 1) and Matnat Yado ad loc.</ref> | ||
==== Audience ==== | ==== Audience ==== | ||
# The Kenesset HaGedolah postulates all rulings in the Beit Yosef are intended for all Jewish communities, while those in Shulchan Aruch are only intended for Eretz Yisrael. This would even be plausible to say between two contradictory statements in Shulchan Aruch itself.<ref>Yad Malachi (Klalei Shulchan Aruch 3)</ref> | # The [[Kenesset HaGedolah]] postulates all rulings in the Beit Yosef are intended for all Jewish communities, while those in Shulchan Aruch are only intended for Eretz Yisrael. This would even be plausible to say between two contradictory statements in Shulchan Aruch itself.<ref>Yad Malachi (Klalei Shulchan Aruch 3)</ref> | ||
==== Inconsistencies with Beit Yosef ==== | ==== Inconsistencies with Beit Yosef ==== | ||
# Often times, Maran will omit from Shulchan Aruch a nunber of rulings cited in Beit Yosef, because, the Kenesset HaGedolah explains, he didn't find these rulings in those of other Poskim. They were cited in Beit Yosef, because the goal of Beit Yosef is to gather all the opinions. Others say he retracted his position<ref>Minchat Yitzchak vol. 8 Siman 31 extends to Rama also.</ref> While others yet insist that the content omitted is still accepted.<ref>Yad Malachi (Klalei Shulchan Aruch 4) and Matnat Yado ad loc. See also [http://www.hebrewbooks.org/pdfpager.aspx?req=9174&st=&pgnum=220&hilite= Petach HaDevir vol. 4 Siman 339:4], Shu"t Rav Pe'alim (vol. 2 Siman 43), Shu"t Yabia Omer (vol. 3 Even HaEzer Siman 13:2, vol. 5 Orach Chaim Siman 39:4, vol. 6 Orach Chaim 24:2), Shu"t Yechaveh Daat (vol. 2 Siman 40, vol. 4 Siman 46 in the footnotes), Leviat Chen (Siman 40), Taharat HaBayit (vol. 1 Siman 2 page 58, vol. 2 Siman 13 page 377 and 427). Chief Rabbi of the Israeli Police Force and former rabbi of the Yishuv Talmon, | # Often times, Maran will omit from Shulchan Aruch a nunber of rulings cited in Beit Yosef, because, the [[Kenesset HaGedolah]] explains, he didn't find these rulings in those of other Poskim. They were cited in Beit Yosef, because the goal of Beit Yosef is to gather all the opinions. Others say he retracted his position<ref>Minchat Yitzchak vol. 8 Siman 31 extends to Rama also.</ref> While others yet insist that the content omitted is still accepted.<ref>Yad Malachi (Klalei Shulchan Aruch 4) and Matnat Yado ad loc. See also [http://www.hebrewbooks.org/pdfpager.aspx?req=9174&st=&pgnum=220&hilite= Petach HaDevir vol. 4 Siman 339:4], Shu"t Rav Pe'alim (vol. 2 Siman 43), Shu"t Yabia Omer (vol. 3 Even HaEzer Siman 13:2, vol. 5 Orach Chaim Siman 39:4, vol. 6 Orach Chaim 24:2), Shu"t Yechaveh Daat (vol. 2 Siman 40, vol. 4 Siman 46 in the footnotes), Leviat Chen (Siman 40), Taharat HaBayit (vol. 1 Siman 2 page 58, vol. 2 Siman 13 page 377 and 427). Chief Rabbi of the Israeli Police Force and former rabbi of the Yishuv Talmon, | ||
[https://he.wikipedia.org/wiki/%D7%A8%D7%9E%D7%99_%D7%A8%D7%97%D7%9E%D7%99%D7%9D_%D7%91%D7%A8%D7%9B%D7%99%D7%94%D7%95 Rav Rami Berachyahu] delivers a clear treatment of this in [http://www.otzar.org/wotzar/book.aspx?164141&pageid=16414100319 Tal Livracha vol. 2 Siman 38] and concludes that many Acharonim agree with the [[Chida]] that the Halacha follows the Shulchan Aruch except for in three types of cases: the case is uncommon, the idea is obvious, or it's hinted to in another place. Of course, each instance requires its own investigation, though.</ref> | [https://he.wikipedia.org/wiki/%D7%A8%D7%9E%D7%99_%D7%A8%D7%97%D7%9E%D7%99%D7%9D_%D7%91%D7%A8%D7%9B%D7%99%D7%94%D7%95 Rav Rami Berachyahu] delivers a clear treatment of this in [http://www.otzar.org/wotzar/book.aspx?164141&pageid=16414100319 Tal Livracha vol. 2 Siman 38] and concludes that many Acharonim agree with the [[Chida]] that the Halacha follows the Shulchan Aruch except for in three types of cases: the case is uncommon, the idea is obvious, or it's hinted to in another place. Of course, each instance requires its own investigation, though.</ref> | ||
# Sometimes, Maran records rulings or customs in Shulchan Aruch that do not appear in Beit Yosef, because he discovered them after it was printed.<ref>Yad Malachi (Klalei Shulchan Aruch 5) and Matnat Yado ad loc.</ref> | # Sometimes, Maran records rulings or customs in Shulchan Aruch that do not appear in Beit Yosef, because he discovered them after it was printed.<ref>Yad Malachi (Klalei Shulchan Aruch 5) and Matnat Yado ad loc.</ref> | ||
