<div dir="ltr"><<<span style="font-family:arial,sans-serif;font-size:13px">Was it a lack of reliability, or that (as I understood after previous</span><br style="font-family:arial,sans-serif;font-size:13px"><span style="font-family:arial,sans-serif;font-size:13px">iterations of the topic here) they lack authority because the halachic</span><br style="font-family:arial,sans-serif;font-size:13px">
<span style="font-family:arial,sans-serif;font-size:13px">process went on for years without them? That established halakhah is</span><br style="font-family:arial,sans-serif;font-size:13px"><span style="font-family:arial,sans-serif;font-size:13px">based on something else, and it holds the momentum of precedent and</span><br style="font-family:arial,sans-serif;font-size:13px">
<span style="font-family:arial,sans-serif;font-size:13px">minhag Yisrael.>></span><div><font face="arial, sans-serif"><br></font></div><div><font face="arial, sans-serif">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.</font></div>
<div><font face="arial, sans-serif"><br></font></div><div><font face="arial, sans-serif">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.</font></div>
<div><font face="arial, sans-serif">In general he feels that the publication of the Pnei Yehoshua marks a new era in commentaries of achronim for several reasons.</font></div><div><font face="arial, sans-serif"><br></font></div>
<div><font face="arial, sans-serif">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?</font></div>
<div><font face="arial, sans-serif">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.<br clear="all">
</font><div><br></div>-- <br><div dir="ltr"><font color="#000099" face="'comic sans ms', sans-serif">Eli Turkel</font></div>
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