Shulchan Aruch: Difference between revisions
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# Rav Yosef Karo wrote a commentary called Klalei HaGemara on the Sefer Halichot Olam, which discusses Klalei HaTalmud. The Beit David claims Maran wrote the Klalei HaGemara later in life after completing his other works, but the Yad Malachi<ref>Yad Malachi (Klalei Beit Yosef 42)</ref> thinks the reverse is more likely. The [[Chida]]<ref>Ein Zocher Lamed 14</ref> sides with the Beit David and adds that when Maran wrote his other Sefarim, he kept a list of Klalim that he extrapolated along the way and that eventually became Klalei HaGemara. <ref>Shem HaGedolim vol. 2 Ot Chaf 24. Matnat Yado fn. 110. In fn. 111 he quotes the Ein Zocher (ibid) who writes how the Kenesset HaGedolah did the same.</ref> | # Rav Yosef Karo wrote a commentary called Klalei HaGemara on the Sefer Halichot Olam, which discusses Klalei HaTalmud. The Beit David claims Maran wrote the Klalei HaGemara later in life after completing his other works, but the Yad Malachi<ref>Yad Malachi (Klalei Beit Yosef 42)</ref> thinks the reverse is more likely. The [[Chida]]<ref>Ein Zocher Lamed 14</ref> sides with the Beit David and adds that when Maran wrote his other Sefarim, he kept a list of Klalim that he extrapolated along the way and that eventually became Klalei HaGemara. <ref>Shem HaGedolim vol. 2 Ot Chaf 24. Matnat Yado fn. 110. In fn. 111 he quotes the Ein Zocher (ibid) who writes how the Kenesset HaGedolah did the same.</ref> | ||
== Klalei Beit Yosef == | == Klalei Beit Yosef == | ||
See the above highlights from the introduction to Beit Yosef. | |||
# Given that the [[Rosh]], [[Mordechai]]. [[Samag]], [[Samak]], [[Sefer HaTerumah]], and [[Hagahot Maimoniot]] all draw from the [[Baalei HaTosafot]], the complete list of citations regarding Halachot they all write of is omitted in favor of just citing the location in Tosafot. Therefore, one shouldn't be concerned that the those sources were not seen by the Beit Yosef.<ref>Hakdama to Beit Yosef</ref> | |||
# Due to the fact that the Shu"t Ha[[Rashba]] printed in the times of the Beit Yosef was mistakenly attributed to the [[Ramban]], the Beit Yosef refers to it as Shu"t Ha[[Ramban]], even though he knew it was really the [[Rashba]]'s. This way, one who seeks to look up the source will know which Sefer to open.<ref>Hakdama to Beit Yosef</ref> | |||
# The Kenesset HaGedolah laments how sometimes the Beit Yosef will quote another Rishon quoting the [[Rambam]], when the [[Rambam]]'s ruling is already written explicitly. He suggests that the secondary source must have added an additional dimension to the idea to warrant its inclusion.<ref>Yad Malachi (Klalei Beit Yosef 35)</ref> | # The Kenesset HaGedolah laments how sometimes the Beit Yosef will quote another Rishon quoting the [[Rambam]], when the [[Rambam]]'s ruling is already written explicitly. He suggests that the secondary source must have added an additional dimension to the idea to warrant its inclusion.<ref>Yad Malachi (Klalei Beit Yosef 35)</ref> | ||
# Rav Yosef Karo usually rules stringently by Safek DeOraita, so it's astonishing when he doesn't.<ref>Yad Malachi (Klalei Beit Yosef 36)</ref> | # Rav Yosef Karo usually rules stringently by Safek DeOraita, so it's astonishing when he doesn't.<ref>Yad Malachi (Klalei Beit Yosef 36)</ref> | ||
# The Beit Yosef does not employ the mechanism of Kim Li to determine a ruling but rather, if none of the three Amudei Horaah elicits an opinion, he finds one of the commonly accepted Poskim ("Mefursamim") who did and rules like him. Some take issue with his exclusion of Kim Li in favor of his Amudei Horaah rule in monetary cases.<ref>Yad Malachi (Klalei Beit Yosef 38)</ref> | # The Beit Yosef does not employ the mechanism of [[Kim Li]] to determine a ruling but rather, if none of the three Amudei Horaah elicits an opinion, he finds one of the commonly accepted Poskim ("Mefursamim") who did and rules like him. Some take issue with his exclusion of Kim Li in favor of his Amudei Horaah rule in monetary cases.<ref>Yad Malachi (Klalei Beit Yosef 38)</ref> | ||
# When many Rishonim share a position, the Beit Yosef does not list off all of their names but rather shares it in the name of the most notable Posek who says it.<ref>Yad Malachi (Klalei Beit Yosef 40)</ref> | # When many Rishonim share a position, the Beit Yosef does not list off all of their names but rather shares it in the name of the most notable Posek who says it.<ref>Yad Malachi (Klalei Beit Yosef 40)</ref> | ||
# According to the Kenesset HaGedolah, the style of the Beit Yosef is to collect sevarot, so sometimes opposite ideas will be separated by an "Aval" but not always, because his intention is to inform us of the spectrum of opinions and for the Posek to decide.<ref>Yad Malachi (Klalei Beit Yosef 41)</ref> | # According to the Kenesset HaGedolah, the style of the Beit Yosef is to collect sevarot, so sometimes opposite ideas will be separated by an "Aval" but not always, because his intention is to inform us of the spectrum of opinions and for the Posek to decide.<ref>Yad Malachi (Klalei Beit Yosef 41)</ref> | ||
