Questions about theoretical issues about psak and general halacha concepts

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4
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1answer
48 views

Using Ethiopian oral law to resolve machloket

This question and particularly my comment on the question got me thinking. Assuming those who became the Ethiopian Jews received the oral law exactly the same as the rest of Israel, could we ...
7
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1answer
28 views

What primacy to give to learning halacha?

Consider a person who follows all of the halachos (he is aware of) that are involved in daily living. Any free time that he has is devoted to learning Torah. This person, however, is not proficient at ...
2
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1answer
74 views

How are we to understand Lurianic Kabbalah?

We believe that the Torah is eternal and never-changing. And yet, the Arizal brought quite a number of innovations to our religion. Although none really change halacha, they certainly do build upon ...
6
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1answer
57 views

Aiding what you consider sin but he doesn't

There is an action. Let's call it "hoobling". Some pos'kim say hoobling is permitted and others say it's forbidden. (Note: not "say one should ideally be strict". They say it's forbidden.) Suppose ...
6
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2answers
148 views

Are Noahides obligated in the commandment of Yibum?

Regarding the subject of Yibum (Levirate marriage), what is the source, if any, that this is also an obligation on a Noahide? Many of the discussions on this Q&A site concerning Yibum connect to ...
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1answer
36 views

In what sense is Hanukkah “a Yom Tov like other yamim tovim”?

The Machzor Vitry (§234) finds a scriptural source for Hanukkah in Leviticus 24:2. That the stipulation that Israelites should collect pure olive oil for the menorah should follow on from a ...
1
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1answer
25 views

What's unique about the book Eglei Tal?

The book Eglei Tal was written by Rabbi Avrohom Bornsztain and deals with the 39 melachos of Shabbos. I was wondering what about this particular book is unique? Why would a person learn this as ...
4
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55 views

What defines a “בהמה” (also “חיה”)?

As discussed in *Dag* (דָג) in kashrus halacha, *Tzomeach* (צוֹמֵחַ) in kashrus halacha, and *Of* (עוֹף) in kashrus halacha, there are different rules used to determine the kashrus status of ...
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1answer
27 views

How can an 'Eved own an 'Eved?

Yevamoth 66a discusses certain rules pertaining to ownership and legal rights that can be passed down or up the chain of ownership (eg., whether an 'Eved - slave - owned by the wife of a Kohen may eat ...
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0answers
21 views

“Jewish Philosophy” defined by halacha

I have heard the idea that the halacha (and the boundaries it creates) provide the basic premises with which our worldview and basic (philosophical/conceptual) understanding of the Torah is created. ...
4
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1answer
43 views

What happens if the Kohen Gadol is replaced while someone is in the Ir Miklat?

During the late Second Temple period, the Roman governors would often sell the position of Kohen Gadol to the highest bidder, sometimes even disposing one before serving a whole year. What if, during ...
4
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1answer
52 views

Descrating one Shabbat for many

The Talmud states that one may violate the Shabbat to save a life, because it's worth violating one Shabbat to let someone keep many in the future. Does this principle apply in other cases? For ...
6
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1answer
57 views

Does the “mezakeh” need to know that he's using “zachin,” for it to work?

There's a Talmudic concept known as "זכין לאדם שלא בפניו," that one can acquire something on behalf of another, even if that other person does not know that this is happening, so long as it's a זכות, ...
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0answers
37 views

How is it possible to have machlokot in very basic issues of the halacha [duplicate]

The orthodox world view assumes that the whole torah came from the mountain of sinai and is transferred from generation to generation. When there is a machloket this is because either: The ...
3
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1answer
68 views

Is “pikuach nefesh” on shabbos “hutrah” or “dichuya”?

Whenever two mitzvos come into conflict with each other, and one is given precedence over the other (such as in the case of מילה on Shabbos, or any עשה דוחה לא תעשה), there is usually discussion over ...
5
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2answers
110 views

Is Jerusalem worth fighting and dying for in the context of Jewish law?

I think I have a good Jewish education but I don't know much Talmud, and so for all of my premises below, I would appreciate if a Talmud scholar would help with any pertinent references. Premise 0) ...
5
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2answers
61 views

Stam viYesh Halacha k'…?

This question is a followup to these comments When the Shulchan Aruch brings two opinions as to what the halacha in a given situation is, the first is brought without a name, and the second is ...
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2answers
38 views

Why are the laws of honoring parents in Hilchos Mamrim?

The Rambam places the laws of honoring parents in Hilchos Mamrim (5th and 6th chapters). Why there? What does כיבוד אב ואם have to do with Beis Din?
5
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1answer
64 views

Which takes precedence - dina d'malchuta or halacha? What about minhag yisrael?

A more practical ramification of Is a ban on government workers wearing religious symbols a gezeirat hamalchut for which one would be obligated to give up his life? If the law of the land (dina ...
10
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1answer
92 views

Is a ban on government workers wearing religious symbols a gezeirat hamalchut for which one would be obligated to give up his life?

So, i haven't heard that anyone today is making this punishable by death, but still... France has a law that prohibits government workers from wearing religious symbols on their job. This naturally ...
2
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1answer
28 views

Why did the people have to respond twice “It is sanctified” when Sanhedrin declared Rosh Hodesh?

Ramba"m (Maimonedes) Hilchot Kid. Hachodesh 2:8 says: Afterwards - i.e., after [the witnesses'] testimony is substantiated - the head of the court declares, "It has been sanctified." And all the ...
4
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2answers
59 views

Punishment for thoughts

I was wondering: 1a) Does halacha ever allow for someone to be punished by people (be'yedei adam) for a thought the person had? (I'm not sure how beis din or whoever would know about the person's ...
3
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1answer
56 views

minhag means law? when in shulchan aruch

When the Ramo writes and "so is the custom (vchain nohagin)" do we understand that to mean that this is his ruling regarding the law or that he is not giving his opinion about the law but is just ...
4
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2answers
72 views

Source of the term בכתמים שומעין להקל

In the halachos of Niddah, there is a term which I have come across not infrequently. The term is בכתמים שומעין להקל, which roughly translated means "in [the halachos of blood] stains we listen to ...
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1answer
67 views

Understanding a Fine Point in the Rambam's Laws of Yibbum

In MT, Hilkhot Yibbum veChalitzah 7:11, the Rambam presents the case of three brothers, two of whom are married to two sisters and the third of whom is married to an unrelated woman. In the event that ...
13
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1answer
193 views

Can I trust a random internet user?

Does the halacha of עד אחד נאמן באיסורין (a single witness is trusted in matters of prohibition) apply to a random internet users? If someone presents themselves as being a practicing Jew, can I take ...
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0answers
29 views

Does halacha forbid profanity? [duplicate]

This is obviously just for research sake. But what does halacha say about using profanity. Is it forbidden. Can it be used in times of emphasis and where is the line drawn for what is considered ...
6
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1answer
754 views

What if the Kohen Gadol accidentally kills someone?

An ordinary person who accidentally kills someone has to go to an Ir Miklat (city of refuge) until the Kohen Gadol dies. But what if it's the Kohen Gadol himself who accidentally kills? He would ...
2
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1answer
39 views

Shin of tefillin mentioned in the Gemara originally a reference to the division of the compartments of the Shel Rosh?

The source for [at least one of] the Shins on the tefillah shel rosh is the Gemara (b.Menahoth 35a): ואמר אביי שי"ן של תפילין הלכה למשה מסיני וצריך שיגיע חריץ למקום התפר רב דימי מנהרדעא אמר כיון ...
2
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1answer
55 views

Why don't we wear tefillin on Yom Tov sheni?

In Hilkhoth Tefillin 4:10, the Rambam states the basic and well-known halakhah that "...shabbathoth wi-yamim tovim enan zeman tefillin..." (Translation: "Shabbat and Yom Tov are not times for ...
6
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2answers
73 views

Is there any point where לשבת יצרה no longer applies?

Yeshaya 45:18 says: כי כה אמר יהוה בורא השמים הוא האלהים יצר הארץ ועשה הוא כוננה לא תהו בראה לשבת יצרה אני יהוה ואין עוד ... it (the world) was not created to be void, to be settled it was ...
4
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4answers
107 views

A Jew at heart?

I am a noahide and I wanted to get a few opinions on this somewhat controversial topic, I by no means intend to make this into an argument or challenge to Jewish law nor do I mean to proclaim myself ...
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0answers
21 views

מראית עין for חומרות within particular sects [duplicate]

מראית עין, in a broad definition, is "avoiding doing something that may raise suspicion that one violated halakha, or that someone may misinterpret, thus causing him to violate halacha". Does this ...
5
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1answer
28 views

Understanding the difference between shevus and gezeirah

I know that, in general, there is a difference in strictness between the two categories of protective measures, but am having difficulty in explaining the difference between the two.
4
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1answer
45 views

Safek De'Oraysa Le'Chumra

The classic example of safek de'oraysa le'chumra is when there is an agreement that a de'oraysa exists but there is a debate as to which cases constitute the de'oraysa. In such a debate we paskin ...
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28 views

Psak halacha from a havah amina in the Gemara

The Gemara will often begin a sugya with an initial understanding (havah aminah) of a mishnah or halacha and as the Gemara continues will change until it reaches the maskanah. Often, the maskana will ...
4
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1answer
99 views

Will reading Questions and Answers on Mi Yodeya gain a Jew entrance into Olam Haba?

"One who learns Halachos every day is a Ben Olam Haba" (Babylonian Talmud Niddah 73a) If a Jew reads the halachic questions and answers on this forum everyday, does that guarantee he or she will ...
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4answers
1k views

Why is a woman allowed to get pregnant?

This should be taken as a bit of a light hearted question (but not a Purim Torah by any means, I am looking for a real analysis), inspired by a discussion in chat. Why is a woman allowed to get ...
0
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1answer
47 views

Are “Mitzva” and “Halacha” synonyms?

For the longest time, I've always treated them like synonym. Now, thinking back, I think I might actually be wrong. For a moment, I thought that a mitzva only referred to mitzvot d'oreita, but there ...
3
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0answers
77 views

What to do when the Rabbi is on vacation

If a person has one Rabbi to whom they ask all of their questions, and that person is unreachable, for whatever reason, and an urgent, time-sensitive question arises, what should their course of ...
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0answers
41 views

CYLOR and Mesorah

Assume that someone has a she'elah, however their local rabbi does not follow their mesorah. How would one approach the issue of a psak? For example, let's say my LOR is a Chabad shaliach and I need ...
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1answer
90 views

Hunting in Judaism

Hunting is generally frowned on in Judaism, and hunting for sport is especially frowned on. However, as hunting is not completely assur, I had the following question: how exactly would a Jew hunt? ...
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0answers
21 views

Halachically, is one person ever bound by the intent of another?

In masechet shevuot, 41b, the gemara discusses a case of a loan as follows (h/t dafyomi.co.il) Levi lent Yehudah, and told him 'repay me in front of two witnesses who learn Halachah. Yehudah ...
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2answers
60 views

Parameters of “kalus rosh”

What is the definition of kalus rosh? What are the halachos of kalus rosh and where do they apply?
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2answers
109 views

Why bother with forcing the Get?

According to the discussion here as elaborated in the link, a forced Get as a Halachic matter (the opinion paskened in Shulchan Aruch), is simply that the Chachamim retroactively revoke the Kiddushin. ...
8
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2answers
173 views

Are “Halacha To Moses from Sinai” Undisputed?

I was listening to a lecture in my synagogue in which it was mentioned ( correctly or incorrectly - I don't know ) that a הלכה למשה מסיני - Halach to Moses from Sinai is a law that has never been ...
2
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1answer
38 views

Is the timing of Mitzvot more intentional or more extentional?

This question is inspired by: Halakhic International Date Line issues I was reading the answers, or actually the source quotations, and realized that the answer to the questions about ...
3
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1answer
104 views

Why is asking a non-Jew to turn on electric lights considered amira l'nochri?

Given that practically all poskim accept R' Shlomo Zalmen's view that electricity is d'rabbanan over the Chazon ish, I would think that a Jew could simply ask a non-Jew to turn on/off lights on ...
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0answers
51 views

Is the blood of a non-Kosher animal forbidden because of וכל דם לא תאכלו

Inspired by a recent chat discussion related to this question. Does the prohibition of וכל דם לא תאכלו - not eating blood - apply to non-Kosher animals? The Rambam writes: ודבר מפורש בתורה שאינו ...
5
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2answers
187 views

Why don't some do yibum today, l'chatchilah?

According to the Mishna (Bechorot 1:7) the reason not to perform yibum nowadays is people don't have intention l'shem mitzva when performing yibum. Firstly I would like to know if there are any other ...