Monday 21 December 2009

Darchei Rema - and a "Perfect" Mis-understanding

Rema's first major foray into sifrei Halachah was apparently his "Darchei Moshe" on Tur and Bet Yosef.

It was planned to be his magnum opus, but as they say

"A Mesnch tracht und Gott Lacht".

And so instead he is most famous for his hagahot on SA titles the Mappah.

Unfortunately some of Rema's critics have [inaccurately] ascribed decisions to the Rema as a "da'at yachid" or as a total hidush w/o support.

The Rema's derech rarely goes in that direction. Usually he bases himself upon Ashkenazic traditions and later posqim.

Here is a possible Perfect Mis-understanding

[See SA Orah Hayyim 32:36]

A Sofeir Sta"m related to me that the Rema unilaterally declared that all Parshiyyot in Tefillin should be P'tuchot - in opposition to the Mechabeir's point that ONLY the first 3 are p'tuchiot but NOT the last [viz. The 4th]

Thus, the Rema is portrayed as "radically" altering Halachah p'suqqah

However a more careful read of Rema reveals he states nothing novel. Rather he is quoting and endorsing the following precedents
• Maharam Padua 87
In the name of Orhot Hayyim
And
• Bet Yosef quoting the Ittur.

Furthermore, the Mishnah Brurah quotes the GRA as stating this is all bedi'avad [anyway] thus Rema is not endorsing a change in the lechatchila procedure.

Unfortunately, a combination of superficial research and an insufficient level of "betzedek tishpot amitecha" has helped to perpetuate a "mythology" surrounding some of the Rema's decisions. [Note: I myself have not researched all the original texts!]

The Rema here was merely offering a flexibility based upon several precedents that permitted parshiyyot to rely upon those sources b'di'avad. Hardly trend-setting stuff

KT
RRW

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