(Excerpts from Kitzur Yalkut Yosef forward)
By Rabbi David Lhungdim
In tractate Eruvin (6a) we found, that anyone who wants to follow Beith Shamai can follow the ruling of Beith Shamai, so too anyone who wants to follow Beith Hillel can follow their ruling, and all of this is before Bat Kol (heavenly voice) declare the halakha is according to Beith Hillel.
And we found in tractate Avoda Zara (7a) that if one particular Khakham rule is forbidden and another rule permissible, if it is from the Torah we follow the stringency rule, and if it is from Derabanan we follow the leniency view, and this is difficult to understand since we found in Eruvin before the declaration of heavenly voice (Bat Kol) everyone can follow Beith Shamai or Beith Hillel, and then we found if there is safek Deoraita (Torah) we follow the stringency view and if it is safek Derabanan (from sages) we follow the leniency view. ( See Rashba Khulin 44, Ran and Ramban Khulin 44, Ritva and Meiri on Yevamoth 14).
And according to Maran Beith Yosef in responsa “Avkat Rokhel” (Siman 32), and according to Chazon Ish (Yevamot 134a), we need to differentiate in a place where there is Mara Deathra (Rav of the place), in such case whether stringency or leniency one should follow the ruling of the Rav of the place, but in a place where there is no Mara Deathra (Rav of the place) if there is a safek (dispute) on Deoraita (Torah) one follow the stringency view, and if there is a dispute on Derabanan (sages) one follow the leniency view.
And this differentiation is found in tractate Shabbat (130a) in the place of Rabbi Eleazar they follow his ruling even though the halakha is not according to Rabbi Eleazar, so too we found Khulin (115a) in the place of Rabbi Yosi Ha Galilee they eat rooster with milk, even though the halakha is according to our sages who forbid to eat rooster with milk, and see Yevamot (14a) Rabbi Abahu carries lamp on Shabbat according to Rabbi Yehoshua ben Levi, but when Rabbi Yokhanan came to him he did not carry a lamp in honor of Rabbi Yokhanan.
And about the foundation of Gemara, the Poskim rule, the Rav of the place decide the halakha, and our great sages from generation to generation wrote, the Sephardim receive upon them the ruling of Maran HaShulkhan Arukh as the Rav of the place, thus wrote HaGaon Maharnakh in his response (Ben Doro Shel Maran Beith Yosef Siman 160), for the ruling of Maran HaBeith Yosef have been accepted and there he mentions the places where the ruling of Maran was accepted, such as the land of Israel, Egypt, Damashek, Aram Tzova, and Persia, Turkey; they accepted the ruling of Maran, and thus wrote Perakh Mate Aharon ( khelek 2, Siman 81) Maran is accepted as the Rav of the place, thus the great sages in generations witness that the Sephardim accepted the ruling of Maran.
Thus wrote the great sage of Italy Mahari Mintz, and Harav Hamagiah in his response Halakhot Katanoth (Siman 182) in the name of HaRishon LeTzion Rabbi Moshe Galanti of blessed memory, thus wrote Maharif, Mahara Yitzkhaki in his responsa code Ginat Veradim, Harav HaGaon Rabeinu Yona in Nafek Haba Kesef, and Maran HaKhida in Birkei Yosef, HaMamar Mordekhai, Maharakh Modai in responsa Khaim Leolam, Ha Rishon LeTzion Rabbi Yosef Meyukhas in responsa SharHamaim, Khatam Sofer, Rabbi Yonatan Eibeshitz in seferTeomim, Responsa Or Gadol, Makh Shavoth Kharutz, Shelath Yaavetz khelek 1, Shut Beith Efraim, Geonei Frankfurt in book Ohel Avraham, Penei Yehoshua, Hashev Yaakov, Rabbi Khaim MiTzans, Rabbi Yosef Khaim in responsa Rav Pealim Khelek 2 (yoreh deah Siman 7) and more.
Rabbeinu Moshe Isserlis the Rama in his response to Maran HaBeith Yosef (Siman 48) wrote, I came to speak before our saintly teacher HaGaon Hagadol Rabbi Yosef Karo, in whose water we drink from his jar, I will pray that G-d will grant long and prosperous life to our teacher, a man of G-d among us…anyone who disputes with his ruling is as if he disputes against the Sekhina, and on him, we can rely even on Isurei DeOraita, and the Mahari of Mintz wrote about Maran that, his knowledge spread afar and his ruling have been accepted throughout the whole world.
May we all Bnei Menashe also merit to drinks from his (Rabbi Yosef) springs of Torah. (to be contd)
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