Rambam Bekius

Why We Don't Paskin Out of the Mishneh Torah

June 13, 2022 Rabbi Matt Schneeweiss Season 8 Episode 23
Rambam Bekius
Why We Don't Paskin Out of the Mishneh Torah
Show Notes

This afternoon (6/13/22), in our Rambam Bekius chavurah, we took up a topic that I've wanted to address for a very long time: what the Rambam intended to accomplish with his Mishneh Torah, and what other Rishonim thought. Specifically, the Rambam clearly held that people could and should paskin straight out of the Mishneh Torah, whereas the Rosh held that such "psak" would be prone to error without familiarity with the sugyos in Shas. We read through both sources, and then read the last part of the Aruch ha'Shulchan's hakdamah in which he endorses the Rosh's view. My "hidden agenda" in this shiur was to convey my opinion that the Aruch ha'Shulchan is the "best" halachic sefer out there, and would satisfy the criteria of both the Rambam and the Rosh.
רמב"ם - ספר המצוות, הקדמה (קאפח)
רמב"ם - משנה תורה: הקדמה, אות לז
רא"ש - שו"ת כלל לא סימן ט
רמב"ם - אגרת לפנחס הדיין
עדות מבית מדרשו של ר' אברהם בן הרמב"ם
ערוך השולחן - הקדמה לחושן משפט
R' Ari Enkin - Mishna Berura vs. Aruch Hashulchan
Rav Schachter on the Aruch ha'Shulchan (begins at 39 minutes and lasts for 5-6 minutes)
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Bekius Disclaimer: see previous episodes
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