Talmud Bavli and Yerushalmi

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Talmud Bavli

  1. Regarding intra-Talmudic Halachic decision making (Klalei HaShas), see Klalei HaTalmud (Talmudic Methodology).
  2. "Sugya veDuchteh Adifah" - The Amoraim focused most on the precise presentation of the Halacha when discussing it in its proper context. When discussing tangential points, the they were not as careful to speak with the level of precision satisfactory for inferring the Halacha from their words.[1]

Talmud Yerushalmi

  1. The Talmud Yerushalmi was written by Rav Yochanan on Zeraim, Moed, Nashim, Nezikin, Kodshim, and Nidda, but the Kodashim Seder was lost.[2]

Differences Between the Yerushalmi and Bavli

  1. Since the Talmud Bavli was written after the Talmud Yerushalmi, its codifiers were able to filter out the points they didn't think were accepted. As such, when the two contradict, we follow the Talmud Bavli, and some say we should never even be concerned for the Yerushalmi's statements altogether for this reason.[3]
  2. The Halacha follows the Bavli over the Yerushalmi wherever they disagree, but, if the Yerushalmi discusses a Halacha not mentioned in the Bavli, the Halacha follows the Yerushalmi. If it's a distinction not mentioned in the Bavli, then there's a strong argument to say the Bavli's omission is an indication of disagreement.[4]
  3. The Rosh[5] writes how we only follow the Bavli over the Yerushalmi with respect to Halachot, such as Tuma veTaharah, Issur veHetter, Chiyuv and Pettur, but not things that are Tzorech Hashaah and have no ramifications on Dinei HaTorah. Those are subjective to the time, place, and needs of the people. Similarly, the Rashbash[6] says that with respect to Minhagim, we would follow the Yerushalmi.[7]
  4. If two approaches are offered in the Bavli and only one of them appears in the Yerushalmi, the Halacha follows that approach.[8] Along the same lines, an unresolved question in the Bavli that is resolved in the Yerushalmi is considered an accepted answer.[9] Halacha does not abandon what's obvious to the Yerushalmi for the uncertainties of the Bavli.[10] Questions raised in the Yerushalmi but not in the Bavli are not considered irrelevant. One can't just reject those questions with fine diyukim of the Mishnah, because they were actually sharper in reading the Mishnayot.[11] Finally, One should be aware the Yerushalmi discusses shitot that aren't accepted LeHalacha, as well.[12]
  5. The Rishonim observe that the Yerushalmi in our possession is corrupt and enigmatic. At most, one person in a generation can crack its meaning.[13] If a Baraita is quoted slightly differently in the Bavli from the way it's quoted in the Yerushalmi, the Ohr HaChaim claims one can accept the Yerushalmi's version and label the Baraita in the Bavli as Meshabeshta (corrupt). The Yad Malachi takes issue with this approach, in light of the general issue of textual obstacles in reading the Yerushalmi and the Tashbetz's claim that said even the text of the Yerushalmi is unreliable, not just the Halachot.[14]
  6. Given a Machaloket in the Bavli and a "Maaseh Rav" (anecdote about a Talmudic figure) in the Yerushalmi that takes a side, the Halacha follows the side expressed by the Maaseh Rav in the Yerushalmi.[15]
  7. The Poskim often try to harmonize the Bavli and Yerushalmi as much as possible.[16]
  8. Sometimes, when referring to topics in different locations, the Yerushalmi mixes up "here" and "there," because the topic appears more than once and the same text was copied/repeated completely from one location to the other without adjustment.[17]
  9. The Yerushalmi on Kodashim is no longer extant, though some Rishonim do reference it.[18]

Differences Between Other Sefarim

  1. Regarding what to do when Halacha and Kabbalah collide, see Zohar.
  2. When faced with a contradiction between the Yerushalmi and the Tosefta, the Rambam generally sides with the Yerushalmi. The Kessef Mishneh[19] explains that the authenticity of our set of Toseftas is questionable: they may not be the same Toseftas compiled by Rav Chiya and Rav Oshiya.[20] The Peri Chadash[21] adds that it's based on the Yerushalmi's later date of redaction. The Radbaz thinks the Rif takes the side of the Tosefta in such instances, while the Sdei Chemed and Korban Netanel[22] think not so.[23]
  3. As we would follow the Yerushalmi against the silence of the Bavli, if there is a contradiction between a Midrash Rabbah and Yerushalmi, the Halacha follows the Yerushalmi over the Midrash.[24]
  4. Regarding acceptance of external books with respect to Halacha and the Talmud, see Sefarim HaChitzonim.

Sources

  1. Yad Malachi (Klalei Shnei HaTalmudim 13)
  2. Shem HaGedolim (Sefarim, Taf 57)
  3. Yad Malachi (Klalei Shnei HaTalmudim 1, Klalei HaRif 6, Klalei HaTalmud 169). See Maharatz Chayut Taanit 16a, Darkei Horaah vol. 2, Imrei Binah Siman 2 in the Hagah, Pachad Yitzchak "Gemara Bavlit"
  4. Yad Malachi (Klalei Shnei HaTalmudim 4). The Beit Yosef's position on this matter needs further elaboration.
  5. Shu"t HaRosh 4:10
  6. Shu"t HaRashbesh Siman 251
  7. Yad Malachi (Klalei Shnei HaTalmudim 5)
  8. Yad Malachi (Klalei Shnei HaTalmudim 8)
  9. Yad Malachi (Klalei HaTalmud 94, 582)
  10. Yad Malachi (Klalei HaTalmud 94)
  11. Yad Malachi (Klalei HaTalmud 93)
  12. Yad Malachi (Klalei HaTalmud 522)
  13. Yad Malachi (Klalei Shnei HaTalmudim 6)
  14. Yad Malachi (Klalei Shnei HaTalmudim 7). See footnote 35 who writes that the Ohr HaChaim meant his statement only when there's no discussion of the Baraita in the Bavli. See Maharatz Chayut in Tiferet LeMoshe Chapter 3 and Sukkah 41b.
  15. Yad Malachi (Klalei Shnei HaTalmudim 9)
  16. Yad Malachi (Klalei Shnei HaTalmudim 10)
  17. Yad Malachi (Klalei Shnei HaTalmudim 11)
  18. Shem HaGedolim (Gedolim Yud 53)
  19. Kessef Mishneh Hilchot Maaser Sheni 1:10
  20. For more on the authenticity of our Toseftas, see Kessef Mishneh (Hilchot Teshuvah 4:1), Berit Olam on Sefer Chassidim Siman 19, Mishnat Rabbi Yaakov (Introduction to the Tosefta, 7:3, page 20), and Klalei HaGemara (Sha'ar 1 Perek 1 Ot 2).
  21. Pri Chadash Orach Chaim Siman 450
  22. Korban Netanel (Klalim 18)
  23. Yad Malachi (Klalei Shnei HaTalmudim 3)
  24. Yad Malachi (Klalei Shnei HaTalmudim 14)