Klolei Haposkim: General Guidelines in Halachah

Klolei Haposkim: General Guidelines in Halachah 

There are many seforim dedicated to klolim (general guidelines and principles) of poskim (halachic authorities). These seforim address, among other things, how to derive halachic rulings based on various Sifrei Halachah (works of Jewish Law). The following are some of the rules that apply when two opinions are quoted: 

If the second opinion is preceded by the word aval (but), it’s an indication that the posek is ruling according to the second opinion. 

When a posek quotes an opinion b’stama (without identifying the source), and then writes “Veyesh omrim” (and some say), the first opinion is the mainstream and the accepted one.  

If there are two “yesh omrim” (some say this and some say that), it’s an indication that there is a difference of opinion. In such cases, the Sifrei Haklolim record a machlokes (disagreement) among later authorities regarding which of the two opinions should be followed. While there are those who say that the opinion quoted first should be followed, the consensus among poskim is that the one quoted after the second “yesh omrim” is the accepted one.

All opinions which are cited are cited for a reason—even if they are not the accepted halachah; for example, the purpose may be that a baal nefesh (a very pious individual) may choose to be stringent, and act in accordance with that opinion. The main principle in this regard is that all of these rules have exceptions. #390

https://halacha2go.com?number=390

Practical Halacha: One minute a day. By Horav Yosef Yeshaya Braun, shlita, Mara D'asra and member of the Badatz of Crown Heights.