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Shulchan Aruch: Difference between revisions
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==Purpose== | ==Purpose== | ||
In his acclaimed introduction to Beit Yosef, Maran HaRav Yosef Karo elaborates his reasoning for writing his Sefer. Here are some of the highlights: | In his acclaimed introduction to Beit Yosef, Maran HaRav Yosef Karo elaborates his reasoning for writing his Sefer. Here are some of the highlights: | ||
# In a post | ===Context=== | ||
# In a post Expulsion world, there is much blending of Halachic paths taking place, and there needs to be a unified voice of guidance. | |||
# Although many Sefarim have been written, they often induce much confusion, by rehashing what others already wrote beforehand or misleading one to think the rulings are unequivocal, while they in fact are laden in controversy. Demanding that one research the sources himself is unreasonable, and existing resources like the [[Maggid Mishneh]] and [[Rabbeinu Yerucham]] are not comprehensive, lacking, or limited in scope. Even if one knows the source, he still bears the burden of looking it and all of its commentaries up himself, find the relevant responsa, and determine which to follow. Certainly one who intends to cover much ground and gather wide, sweeping knowledge of the gamut of Halacha has his hands overflowing with sources to learn, remember, and not get sidetracked by. Even looking up the relevant Gemaras on each topic is already a handful. Attempting to substitute with Sifrei Kitzurim is a recipe to not know a single Halacha well. Therefore he decided to write a Sefer that includes all of the Halachot with their sources and arrays of understandings in the Poskim. | # Although many Sefarim have been written, they often induce much confusion, by rehashing what others already wrote beforehand or misleading one to think the rulings are unequivocal, while they in fact are laden in controversy. Demanding that one research the sources himself is unreasonable, and existing resources like the [[Maggid Mishneh]] and [[Rabbeinu Yerucham]] are not comprehensive, lacking, or limited in scope. Even if one knows the source, he still bears the burden of looking it and all of its commentaries up himself, find the relevant responsa, and determine which to follow. Certainly one who intends to cover much ground and gather wide, sweeping knowledge of the gamut of Halacha has his hands overflowing with sources to learn, remember, and not get sidetracked by. Even looking up the relevant Gemaras on each topic is already a handful. Attempting to substitute with Sifrei Kitzurim is a recipe to not know a single Halacha well. Therefore he decided to write a Sefer that includes all of the Halachot with their sources and arrays of understandings in the Poskim. | ||
# Instead of writing a new Sefer and rehashing that which has already been done, | ===Structure=== | ||
# Instead of writing a new Sefer and rehashing that which has already been done, I decided to write my work as a commentary on a major Posek's work. At first, I considered writing it on the [[Rambam]], since he's the most lauded Posek in the world. Then, I changed my mind and wrote on the [[Tur]] instead, because the [[Rambam]] only presents his own opinion and not those of others, which would mean Rav Yosef Karo would have to write even more. | |||
# As a result, the Beit Yosef was written on the [[Tur]], to: | # As a result, the Beit Yosef was written on the [[Tur]], to: | ||
## Source the Halachot in the writings of Chazal | ## Source the Halachot in the writings of Chazal | ||
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## Fill in those approaches of Rishonim that were omitted | ## Fill in those approaches of Rishonim that were omitted | ||
## Elucidate the words of Rishonim, especially the difficult ones, like the [[Rambam]], whose words are often cryptic | ## Elucidate the words of Rishonim, especially the difficult ones, like the [[Rambam]], whose words are often cryptic | ||
## This way, one who learns it will have the the explained opinions of major Rishonim plus some [[Zohar]] organized in front of him. | |||
===The Remarkable Derech HaPesak=== | |||
# The goal of the Beit Yosef is to indeed to decide which position to follow, but not with Talmudic proofs. The Chiddushim of the Rishonim are already erupting with the back and forth of Talmud Torah at levels that we are incapable of determining who is correct. Attempting to do so would be foolish, cavalier, and simply arrogant. We're incapable in our diminished state of sin to understand or outsmart them. | |||
# Therefore, I decided to use the three pillars of Halacha upon which the entire Jewish nation is supported - the [[Rif]], [[Rambam]], and [[Rosh]]. | |||
# Where two of the three agree, the Halacha will follow them, except for the few places where all or the majority of Chachmei Yisrael disagree and result in the Minhag being the opposite. | |||
# If one of the three did not reveal his opinion, then we'll follow the eminent Chachamim who did voice an opinion on the matter. | |||
# In locations where there was already a pre-established Minhag to prohibit something, they should uphold it, as is elaborated in Perek Makom SheNahagu<ref>Pesachim 51a</ref> | |||
===The Name=== | |||
# As the Sefer will sustain students of any caliber in understanding the Tur, it's called Beit Yosef, just as everyone was fed from Yosef's estate in Mitzrayim. | |||
# Also because it's my home in Olam HaZeh and Olam HaBa. | |||
== Acceptance of Shulchan Aruch for Sepharadim == | == Acceptance of Shulchan Aruch for Sepharadim == | ||
# 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 Sepharadic community following the Shulchan Aruch does not mean that the new Sepharadic communities to settle there are independent of its rulings, because '''the Sepharadic 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 did not accept the Shulchan Aruch's rulings on themselves and their descendants, unlike the Sepharadim.</ref> | # 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 Sepharadic community following the Shulchan Aruch does not mean that the new Sepharadic communities to settle there are independent of its rulings, because '''the Sepharadic 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 did not accept the Shulchan Aruch's rulings on themselves and their descendants, unlike the Sepharadim.</ref> | ||
