[Avodah] R Yosef Caro's Methodology

[Richard Wolpoe]

Background From the Yahrzeit list

Sunday, 13 Nissan
>
> Rav Yosef Karo, Beis Yosef, Shulchan Aruch, Kesef Mishneh,and Magid
> Meisharim, (1488-1575). His first major work, the Beis Yosef is a
> comprehensive commentary on the Tur; it took 20 years to write. In it, he
> gathered the opinions and decisions of all the major authorities up until
> his time and cross-referenced them. *He ruled between differing views on
> the basis of a consensus between the three preeminent halachic authorities,
> the Rif, the Rambam, and the Rosh. *The work was completed in 1542, but he
> continued to refine it for the next 12 years, and published a second
> edition.
>
> After he had completed the Beis Yosef, Rav Caro made a summary of his
> rulings in the form of an index without reference to sources and titled it
> Shulchan Aruch ("Laid Table"). It was completed in 1555 in Israel; it was
> first published in Venice in 1565. Eventually, the Rama's gloss (called
> HaMapa -- "The Tablecloth") was published together with the Shulchan Aruch
> in Cracow in 1578,  and together they became the universally recognized Code
> of Jewish Law.
>
> The Rambam had published his Mishna Torah without references for his
> rulings. The Maggid Mishna, a commentary on Mishneh Torah written by Rabbi
> Vidal di Tolouse, had referenced six of the fourteen sections of the work,
> and Rav Caro set out to complete the references, while at the same time
> explaining the Rambam's view and defending it from the Raavad. The Kesef
> Mishneh, as it was called, was published in Venice between the years
> 1574-76.
>

Challenge:
Is there any evidence that RY Caro overruled his consensus based upon a
DIRECT READ from the Talmud. IOW did he ever rule that the proper read of
the Talmud Trumped the consensu of his Posqim?

Note we DO have evidence that he overrules his own consensus.  EG he Rules 3
Matzos over 2 matzos despite the rulings of the Rif and the Rambam, but NOT
because it is the simple read in the Talmud. Aderabbah, the GRA posits that
the Rif and Rambam HAVE the simple read. But RY Caro defers to a braoder
consensus instead of his default narrow consensus.


-- 
Gun Moed
RabbiRichWolpoe at Gmail.com
see: http://nishmablog.blogspot.com/
http://groups.yahoo.com/group/Nishma-Minhag/
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