Mekorot Hatorah Shiur 46

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Mekorot Hatorah Shiur 46 5775 - dbhbn ovrct [email protected] 1 sxc dxezd zexewn s'ix - mipey`xd - 46 ohkaurh ,racn ,kkfn 3 SOURCES OF HALACHA AFTER THE S EALING OF THE S HAS 1. The Commentaries and Chiddushim Examples: Rashi, Tosafot and other Rishonim on Shas Advantages: Analytical, give underlying principles; general Disadvantages : Not written as halachic pask of halacha lema’aseh; often not simple to derive a halachic conclusion from the analysis 2. The Codifications Examples: Rambam, Tur Advantages: Clear and logical; psak lema’aseh; cover all standard cases Disadvantages : Not given in specific cases; don’t cover every case; don’t show any of the halachic analysis 3. The Shu’tim - She’elot U’teshuvot Examples: Most Geonim, Rishonim and Acharonim produced shu’t Advantages: Highly analytical; give underlying principles; Disadvantages : Given as a response to specific question; not always clear how to apply them to other similar but non-identical cases Reproduced with kind permission from Rabbi Berel Wein North African Jewish communities - 11th Century (Modern political boundaries shown in italics) 5775 - dbhbn ovrct [email protected] 2 sxc 1. Biography c.1013 Born in Kila Chamad, Algeria. His life overlaps the last of the Geonim - in early life some referred to him as one of the ‘Geonim’ c.1020 Moved to Fez - later know as al-Fasi c.1030 Studied in Karouan under Rabbeinu Nissim and Rabbeinu Chananel Married in Karouanon the same day as the wedding of Rabbeinu Nissim’s daughter and Rav Yehosef, son of Shmuel Hanagid c.1035 Started work on his magnum opus (see below). Worked for 10 years in his father-in-law’s attic 1045 Forced to flee Karouan by Moslem anti-Jewish persecution. Returned to Fez and became the head of the Jewish community 1050 Became gadol hador upon the death of his teachers 1088 Forced to flee (aged 75) due to an unknown charge against him by two informers to the Moslem government and received with honor in Cordova, Spain 1089 Became head of Jewish community of Lucena, Spain on the death of Rabbi Yitzchak ibn Gias 1089 Became teacher of Yosef Ibn Migash in Lucena c.1090 Adopted son of one of his greatest opponents - Rav Yitzchak Albali - following his death 1103 Gave semicha to Rav Yosef Ibn Migash 1103 Died in Lucena and succeeded as Rosh Yeshiva by the Ri Migash 2. Teachers and Students Teachers: Rabbeinu Chananel and Rabbeinu Nissim Students: Ri Migash, R. Yehudah Halevi, R. Moshe Ibn Ezra 3. Main Torah Works Sefer Hahalachot: • Also know as the Alfas or just the ‘Rif’ • A codification of the halachic portions of 24 practical tractates of the Talmud (Seder Moed, Nashim and Nezikin, Berachot and Chulin) • Uses the format of the Talmud, reciting the Talmudic text verbatim but omitting debate and discussion and non-halachic elements • Incorporates many of the rulings of the Geonim and of his teachers, in particular Rabbeinu Chananel (the Rach) • Controversial when first published - supported by many but opposed by some gedolim of the time (especially in Spain) who were concerned that it would prevent proper Talmud study • First printed in 1509 and now a standard addition to the Vilna Shas, appearing at the end of each masechta • The Rif was one of the main sources for the Mishne Torah (12C) of the Rambam, who states in his Intro. to the Mishna that the Rif ‘superceded the codes of the Geonim’. In his teshuvot the Rambam writes that he diasgreed with the Rif in only 30 places! • The Rif was later chosen by R. Yosef Karo (16C) as one of the 3 main sources of psak for the final rulings of the Shulchan Aruch • Opened up the Talmud to the general population - often called the Talmud Hakatan • It was still permitted at times when Talmud study was banned by the Christians so became one of the main books of Torah study, especially in Italy in the 16-19C • Main commentaries on the Rif: • the ‘RaN’ written in 14C by R. Nissim of Gerona • the Ba’al Hameor written by R. Zerachia Halevi attacks many of the halachic decisions of the Rif • the Ramban wrote a defence of the Rif called ‘Sefer Milchamot Hashem’ Teshuvot HaRif • 320 5775 - dbhbn ovrct [email protected] 3 sxc 5775 - dbhbn ovrct [email protected] 4 sxc.
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