[Avodah] new manuscripts

[Eli Turkel]

<<Was it a lack of reliability, or that (as I understood after previous
iterations of the topic here) they lack authority because the halachic
process went on for years without them? That established halakhah is
based on something else, and it holds the momentum of precedent and
minhag Yisrael.>>

I am not sure the two are very different. In understood CI as saying that
since these manuscripts were not gone over by generations of talmidei
chachamim they are not reliable and hence lack halachic authority.

However, historically I have grave problems with this CI. I just read an
article by Ta Shma about the Pnei Yehoshua. He points out that one of the
reasons for the popularity of the Pnei Yehoshua is that many manuscripts of
the Ramban, Titva etc. were published in his day and so he was the first
Achron with access to the original chiddushin. Until his day achronim knew
these shitot only through citations by Bet Yosef and other secondary
sources. Of course reading the full words of the Ramban is very different
than seeing partial quotes.
In general he feels that the publication of the Pnei Yehoshua marks a new
era in commentaries of achronim for several reasons.

I am trying to find another article of TaShma where he discusses in detail
the publication of various rishonim. In general they were published over
many decades mainly from manuscripts in sefardi countries. Since the
publication of these manuscripts these have become standard material in
ashkenazi yeshivot. Hence, I have no idea how to apply the rule of CI. Is a
manuscript published in 1650 and used simce then enough to be part of the
halachic process. How about 1750, 1850?
As mentioned Rav Yosef Karo, Shitah Mekbetzet etx seem to have had access
to these manuscripts while Maharsha, Ketzot, Netivot saw only the quotes
and not the original which means they did not see whole parts. They
frequently discuss the same questions and sometimes come up with the same
answers as Ramban etc and sometimes disagree all without knowledge of these
rishonim.

-- 
Eli Turkel
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