Saturday 25 July 2009

Davar Barur Baposqim - Expanding Halachah Beyond the Talmud

A while back I explained that in the time of Shas [thru Rambam?], toeh bidvar Mishneh did not and could not include the Posqim... However by the time of the SA this principle COULD be applied to Posqim. See SA ChM 25:1 who adds Posqim to the L'shon HaRambam WRT To'eh bidvar Mishnah...

What changed? In the time of Gmara There was no force of Posqim and the Rambam siezed the expression of shas - "haRambam L'shon haShas naqit" This concept has already been expounded by AhS YD 242:32-33 to explain the Rema. (Baruch shekivanti)

Shas allows a davar mefurash Battorah to be pasqened by a Sh'suy yayin, and similarly the Rema is mattir to pasqen while imbibed those matters that are "ledidan davar hamefurash baposqim"


KT
RRW

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