Talmud Bavli and Yerushalmi: Difference between revisions

# "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.<ref>Yad Malachi (Klalei Shnei HaTalmudim 13)</ref>

= Differences Between the Yerushalmi and Bavli =

# 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.<ref>Yad Malachi (Klalei Shnei HaTalmudim 4). The Beit Yosef's position on this matter needs further elaboration.</ref>

# The [[Rosh]]<ref>Shu"t HaRosh 4:10</ref> 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]]<ref>Shu"t HaRashbesh Siman 251</ref> says that with respect to Minhagim, we would follow the Yerushalmi.<ref>Yad Malachi (Klalei Shnei HaTalmudim 5)</ref>

# The Rishonim observe that the Yerushalmi in our possession is corrupt and enigmatic. At most, one person in a generation can crack its meaning.<ref>Yad Malachi (Klalei Shnei HaTalmudim 6)</ref> 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.<ref>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.</ref>

# 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.<ref>Yad Malachi (Klalei Shnei HaTalmudim 9)</ref>

# The Poskim often try to harmonize the Bavli and Yerushalmi as much as possible.<ref>Yad Malachi (Klalei Shnei HaTalmudim 10)</ref>

# 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.<ref>Yad Malachi (Klalei Shnei HaTalmudim 11)</ref>

= Differences Between Other Sefarim =

# Regarding what to do when Halacha and Kabbalah collide, see [[Zohar]].