I am arguing with a friend about whether the Shulchan Aruch, being Sepharadi, weighed Sepharadi poskim higher than Ashkenazi ones. The above question came up.
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The rule which he wrote in his hakdama ,is he goes after majority of the 3,but we see that he paskens somtimes like the Rambam stam – sam Jan 5 '17 at 17:53
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And sometimes he goes after the minhag, regardless of the majority or the Rambam, but that was not my question. – B111 Jan 5 '17 at 17:56
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Also why are you considering the Rosh as a Ashkenazi ,he was became Rav in Spain and had what to do with the Rashba,even though he learnt ny the Mahrahm. – sam Jan 5 '17 at 18:10
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1Wouldn't you need to also inquire if he ever ruled with any of those 3 against the other two? Would it matter if there were different amounts of times that he ever chose to follow a single opinion? Dioraisa's or DiRabanan's? Lichatchila or Bidieved? I think any source you get won't settle your argument. – user6591 Jan 5 '17 at 18:11
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The Shulchan Arukh (OC 259:1) rules like Rosh, against Rif and Rambam, that wool shearings used to insulate a pot before Shabbat are not Muktza even if they weren't designated as insulation as long as they weren't designated as a commodity to be sold. This is one of the examples Rama, in his introduction to Darkei Moshe, gives in critique of the Beit Yosef.
answered Jan 5 '17 at 18:30
