Talk:Rishonim

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[edit] 1250

That is an extremely late date to begin Rishonim. Rashi and Rambam were not Rishonim? The Rif? Rabbenu Bahya ibn Pakuda? Dovi 09:21, 18 June 2006 (UTC)

[edit] Shulkhan Arukh is not from Rishonim era

We may not state as a fact that the Shulkhan Arukh is from the Rishonim era. That is only the opinion of some people. Many other Orthodox rabbis note that the Shulkhan Arukh is actually from the era of the Acharonim.

See this analysis. http://www.ottmall.com/mj_ht_arch/v27/mj_v27i48.html#COF

Even more interesting, see this Orthodox conclusion: http://www.ottmall.com/mj_ht_arch/v27/mj_v27i51.html#CPI

In Nefesh HaRav (page 239) , Rav Schacter states that "...even though the Beis Yosef and the Rema were in the same time period the Beis Yosef was a Rishon and the Rema was an Acharon because the dividing line between the Rishonim and Acharonim was not the same in all places. The period of the Rishonim lasted longer among the Sefardim than the Ashkenazim.

Also, Margaliot (Encyclopedia L'Toldot Gedolei Yisrael) brings Rabbi Yosef Karo down as an Acharon, not a Rishon.

Also, it is a Jewish folk-myth that an Acharon cannot disagree with a Rishon. 'In fact, such a position is not a part of Jewish law! We cannot present such positions as facts, when they are merely accepted folkways, not halakhot.

Who says an acharon can't disagree with a rishon? I have also seen that statements that acharinim after 1664 (gezerot tach vetat) cannot disagree with acharonim before then. Also that acharonim today cannot disagree with the Mishna Berura. Nevertheless, this is always being done. A most famous case (recent daf yomi) is the Vilna Gaon (and also shulchan Arukh harav) disagreeing with Tosaphot and almost all rishonim on the definition of halachic sunset. It turns out that Rav Sherrira gaon and Rav Hai Gaon agree with the Vilna Gaon whoever it is doubtful that the Vilna Gaon knew this. In any case he does not quote them in his commentary to Shuclchan Arukh. There are many other cases were the Vilna Gaon and his contemporary the Shaagaot Aryeh disagree with Rishonim. Even in our day Rav Feinstein has disagreed with the Meiri and Toasaphot haRosh. Those these are "recent" finds one would expect that in the absence of other authorities one could not disagree. In fact that is the attitude of Chazon Ish on the international dateline who relies on Kuzari and Baal Ham or since they are the only rishonim that hint at the problem.

http://www.ottmall.com/mj_ht_arch/v27/mj_v27i55.html#CQL