Why We Don't Paskin Out of the Mishneh Torah

Have any questions, insights, or feedback? Send me a text!This afternoon (6/13/22), in our Rambam Bekius chavurah, we took up a topic that I've wanted to address for a very long time: what the Rambam intended to accomplish with his Mishneh Torah, and what other Rishonim thought. Specifically, the Rambam clearly held that people could and should paskin straight out of the Mishneh Torah, whereas the Rosh held that such "psak" would be prone to error without familiarity with the sugyos in Shas. We read through both sources, and then read the last part of the Aruch ha'Shulchan's hakdamah in which he endorses the Rosh's view. My "hidden agenda" in this shiur was to convey my opinion that the Aruch ha'Shulchan is the "best" halachic sefer out there, and would satisfy the criteria of both the Rambam and the Rosh. -----מקורות:רמב"ם - ספר המצוות, הקדמה (קאפח)רמב"ם - משנה תורה: הקדמה, אות לזרא"ש - שו"ת כלל לא סימן טרמב"ם - אגרת לפנחס הדייןעדות מבית מדרשו של ר' אברהם בן הרמב"םערוך השולחן - הקדמה לחושן משפטR' Ari Enkin - Mishna Berura vs. Aruch HashulchanRav Schachter on the Aruch ha'Shulchan (begins at 39 minutes and lasts for 5-6 minutes) ----This week's Torah content has been sponsored by Rachayl, who says: "in honor of the end of school, I want to say thank you for making my commutes a time for learning and thinking," to which I say: "Thank YOU, Rachayl, for listening!"----Bekius Disclaimer: see previous episodes ----If you have questions, comments, or feedback, I can be reached at rabbischneeweiss at gmail.----If you've gained from what you've learned here, please consider contributing to my Patreon at www.patreon.com/rabbischneeweiss. Alternatively, if you would like to make a direct contribution to the "Rabbi Schneeweiss Torah Content Fund," my Venmo is @Matt-Schneeweiss, and my Zelle and PayPal are mattschneeweiss at gmail.com. Even a small contribution goes a long way to covering the costs of my podcasts, and will provide me with the financial freedom to produce even more Torah content for you.If you would like to sponsor a day's or a week's worth of content, or if you are interested in enlisting my services as a teacher or tutor, you can reach me at rabbischneeweiss at gmail.com. Thank you to my listeners for listening, thank you to my readers for reading, and thank you to my supporters for supporting my efforts to make Torah ideas available and accessible to everyone.----Patreon: patreon.com/rabbischneeweissYouTube Channel: youtube.com/rabbischneeweissBlog: kolhaseridim.blogspot.com/"The Mishlei Podcast": mishlei.buzzsprout.com"The Stoic Jew" Podcast: thestoicjew.buzzsprout.com"Rambam Bekius" Podcast: rambambekius.buzzsprout.com"Machshavah Lab" Podcast: machshavahlab.buzzsprout.com"The Tefilah Podcast": tefilah.buzzsprout.comGuide to Torah Content of Rabbi Matt Schneeweiss: kolhaseridim.blogspot.com/2021/04/links-to-torah-content-of-rabbi-matt.htmlAmazon Wishlist: amazon.com/hz/wishlist/ls/Y72CSP86S24W?ref_=wl_sharel