Questions about theoretical issues about psak and general halacha concepts

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6
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2answers
290 views

How can all the great rabbis' practices be accepted by Hashem? [duplicate]

This may seem like a child's question, but it's one I never thought to ask as a child, so I never learned the answer. Rabbinic traditions — even within continuous geographical lineages amongst ...
5
votes
1answer
58 views

What's the source that worldwide acceptance of psak makes it binding forever?

The Rambam writes in the introduction to Mishna Torah נמצא רבינא ורב אשי וחבריהם, סוף גדולי חכמי ישראל המעתיקים תורה שבעל פה, ושגזרו גזירות והתקינו תקנות והנהיגו מנהגות ופשטו גזירותם ותקנותם ...
1
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0answers
15 views

What happens when food or vessels or a tent become Tumeh? Do they transmite Tumeh to others? [closed]

What are the ramifications of vessels of food that become tumah? What happens if some one eats Tumeh foods or touches a vessel or article of clothing or tent that is tumeh? Do these things transmit ...
-2
votes
1answer
37 views

Differences in psak

Why do we learn Gemara, where each opinion gets equal weight and the strongest opinion wins, and we are thus taught not to be peti, but to only accept a true answer, while today, its enough that one ...
1
vote
1answer
49 views

Is Warhammer (and similar games) an issue of avoda zara?

Are tabletop wargames, such was Warhammer, Warhammer 40K, and Kings of War an issue of avoda zara? To play the game you first have to purchase miniature figures of different races. Some are human, ...
0
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0answers
34 views

why is Birkat Hamazon said after eating just a small piece of bread?

Berakhot 21a:8-9: Whence is it that Grace after meals is ordained by the Torah? As it is said, "And thou shalt eat and be satisfied and bless the Lord thy God" (Deut. viii. 10). The verse ...
1
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0answers
41 views

Why doesn't regular handwashing work for prayer and eating bread?

I know that the halakha requires n'ttilath yadhayim before the recitation of sh'ma, before t'phila, and before and after eating bread (cf. Hilkhoth B'rakhoth 6). And I also understand that n'ttilath ...
1
vote
1answer
40 views

In how many of the 613 mitzvot are women obligated?

Women are exempt from some of the 613 mitzvot. How many of the 613 mitzvot apply to women? Is there a list (or lists)? Online? (To clarify: Ignore other factors, such as geographic location; include ...
1
vote
1answer
77 views

What are the philosophical implications behind g'zerah shavah?

I am wondering about G'zerah Shavah. It is a rule that I have a hard time accepting, at times. I am wondering what philosophical and theological implications this rule holds. If it is assumed to be a ...
2
votes
1answer
65 views

Is Halacha a system of Civil Law or Common Law?

I often see halacha paskened differently between rabbis. Sometimes, a rabbi will cite a rabbinic opinion made by an aharon and other times a rabbi will cite the Talmud, Shulchan Aruch, or Mishneh ...
4
votes
1answer
53 views

What is considered a picture for not davening in front of it

I heard that you can't daven in front of a picture What does this included? A mogen Dovid? A flag of israel? A lion? What if it is part of the paroiches or Aron kodesh .... Similar Davening in ...
4
votes
1answer
51 views

How did the Beis Din have the authority to relax the rules of Muktza?

Shulchan Aruch HaRav (O.C. 310:16) lays out the general history of the prohibition of Mukza (Based on Shabbos 123b): בימי נחמיה בן חכליה שהיו העם מזלזלים באיסורי שבת כמ"ש בימים ההם ראיתי ביהודה ...
0
votes
1answer
62 views

Ein Halakha K'niflag

This article cites a principle in the name of R. Saadya Gaon and Rambam that אין הלכה כנפלג. He cites כתבים לגר"י קאפח, ח"ב עמ' 557. Where can this be found in the writings of the Geonim or Rambam? ...
3
votes
1answer
89 views

Poisoning my own food?

I live in an apartment with roommates, I'm trying to determine who is stealing my food. I use the word stealing because each of us had have our own separate and color-coded cabinets, and I also label ...
2
votes
0answers
70 views

Game theory in the Tanaim

I read an article a while back (maybe over a year ago?) in the Mishpacha English Magazine (I'm pretty sure, although it may have been in the Ami) that discussed a certain machlokes Tanaim about how to ...
5
votes
2answers
260 views

Kosher switch and Grama according to R. Belsky's letter

Yeshiva World News published a letter from Rabbi Belsky saying that the Kosher Switch accomplishes nothing and is simply a regular melacha. My question is basically the same as this commentor. Is ...
3
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0answers
92 views

Ratio between gentile vs jewish persons for jews to consider

I am interested to know, according to written law, if there is something like a ratio or relativization to consider between people of the tribe and gentiles that a Jew is bound to. Is there's such a ...
1
vote
0answers
91 views

Understanding how halacha & mitzvot are derived

Since this isn't getting a lot of traction maybe I should approach the question differently. I know that mitzvot can be divided into two basic categories, d'rabbanan and d'oriata. Of the mitzvot ...
4
votes
1answer
48 views

Is there a difference between “Patur” and “Eino Chayiv”

When the Gemarah tells us that a Suma (a blind person) is "Patur" from Mitzvot, does that mean to say that he is completely outside the realm of Mitzvot, and will get no reward for doing them, or does ...
9
votes
1answer
208 views

What is the hallachic definition of randomness?

A new Shabbat-friendly technology, KosherSwitch, uses randomly timed light pulses to create various safeks, so that flipping the switch does not hallachically count as switching the light on, even in ...
3
votes
0answers
21 views

Half-Hallel in commemoration of the fallen Egyptians

There seem to be two separate explanations as to why we only say a "half" hallel on the intermediate and final days of Pesach. According to one opinion (as attributed to the Shibolet Haleket here) it ...
0
votes
1answer
67 views

Can later scholars make an issue of something that earlier scholars were not concerned about?

I know that this is a potentially broad subject but there seems to be a phenomenon where later generations of scholars (i.e. after the close of the Gemara; the Amoraim) come up with new halakhoth or ...
1
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0answers
68 views

Netilat yadayim without a keli?

It is known that the Sefer Halakhoth Gedholoth codifies that since only the descendants of Aharon HaKohen were strictly commanded regarding netilath yadhayim with a keli, it is therefore enough for a ...
0
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1answer
45 views

Do the laws of shmirat ha-lashon and the principle of diyyun le-khaf zekhut protect criminals?

I have heard many times people use the laws of shemirath ha-lashon and the principle of diyyun le-khaf zekhuth almost as an excuse to ignore crimes of theft, molestation, et al among religious people. ...
1
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0answers
15 views

Why does a hefsek make a person not yotzei?

There are situations where my fulfillment of an obligation depends on there being no interruption between the bracha and the action it covers (like between washing and making motzi) and there are ...
1
vote
3answers
95 views

What is the practical purpose of karpas?

I have had discussions with people who insist that karpas must be a small piece of diced vegetable (i.e. smaller than a ke-zayith le-Humrah), dipped in salt water, and nothing more. When I then ask ...
4
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0answers
39 views

Determining Normative Halacha

I don't really understand the process for establishing what "the halacha" is in a particular case. I know that there are rules in the talmud to decide whom the halacha follows when there are ...
5
votes
0answers
48 views

Why are “Chiddushei” seforim rarely cited in the Nosi Keilim?

I noticed that when quoting Rishonim, Beis Yosef/Nosei Keilim tend to focus on Poskim (Rif (and main commentary)/Rosh/Rambam, Mordechai, Teruma, Rabbeinu Yerucham, etc.) and responsa. Very rarely do ...
1
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2answers
75 views

Seforim who write “not for Psak”

Whats the point of Sefarim who print Piskie Halacha and then they write not for Lemasshe-whats the point then?
3
votes
1answer
90 views

How does “getting a heter” work?

I have heard of the concept of "getting a heter" to do something that is not ordinarily permitted, but I don't have a good idea of what it means. I am interested in explanations of what this process ...
5
votes
0answers
41 views

Is a psik reisha d'lo nicha or d'lo echpat judged against a communal standard?

If I perform an action on Shabbos which will cause a secondary (forbidden) action, the secondary action is assessed as to whether it is desirable, detrimental or neutral (as per Difference between ...
0
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0answers
25 views

What is the logic of the Shushan Purim davening and brachot? [duplicate]

Why is it that on Shushan Purim, when we do not say tachanun, we do not add the Purim paragraph to the amida or to the birchat hamazon? Why do the two not go together?
6
votes
2answers
100 views

Halacha when mashiah has come

We pray for mashiah to come. After mashiah has arrived, are those prayers eliminated or changed? Also, will Halacha itself be changed or eliminated?
1
vote
0answers
41 views

Why do the laws of kevod seforim apply to physical seforim but not digital?

I may have some trouble asking this question. I understand that the laws of kavod seforim (respecting holy texts; i.e., not bringing a book of Torah into the bathroom) do not apply to tapes, etc. ...
4
votes
1answer
96 views

picking and choosing halachic rulings

I have heard many times from Rabbinim and in lectures that to pick and choose rulings is forbidden. I would like a halachic source for this. I can understand that one should be consistent, but if one ...
6
votes
2answers
45 views

Why do different halachic authorities arrive at conflicting rulings?

Rabbi A says strawberries are ha'adama; Rabbi B says that strawberries are Ha'etz. The halachic texts are replete with such differences in "opinion". What's the underlying reason that different ...
4
votes
0answers
41 views

Was the Mishna Brurah meant to be learned straight?

Disclaimer - I do not intend to dispute common practices in Klal Yisroel, nor do I intend to criticize the incredible work of an incredible Talmid Chacham. The current practice in a considerable ...
4
votes
1answer
40 views

What is the source of the prohibition of not preparing on Shabbat for after Shabbat?

Preparing on Shabbat for after Shabbat is not one of the 39 melachot (Biblical categories of "work"). I gather that many prohibitions are gleaned from Yeshayahu (Isaiah) 58:13. However, the only ...
5
votes
0answers
64 views

Is becoming a “Talmid HaRambam” limited to the Rambam?

This answer explains (very nicely) the justification and practice of those who consider themselves followers of the Rambam, as opposed to any other opinion. In the cited responsa of the Beis Yosef, ...
8
votes
1answer
143 views

Binding answers for Halachic questions

I recall learning that one is not allowed to "venue shop" by asking a series of rabbis for a practical halachic ruling and following the opinion you like. I was taught that one should ask and be bound ...
5
votes
1answer
93 views

Why do we find specifically “Rambamists” as opposed to any other Posek? [duplicate]

This answer explains (very nicely) the justification and practice of those who consider themselves followers of the Rambam, as opposed to any other opinion. In the cited responsa of the Beis Yosef, ...
2
votes
1answer
63 views

Netilat Yadayim: Blessing Before or After?

These may not be the original sources for either shiTTah, but two early examples of either of them can be found in the Rambam, Mishneh Thorah - Hilkhoth Berakhoth 6:2 (mevorekh batteHiloh), and in the ...
0
votes
0answers
32 views

Disputes over Biblical Laws [duplicate]

I would like to compile an extensive list of Biblical laws that are debated by current halachik authorities in the Orthodox community as to whether or not they are Biblical laws, Ribbinic laws, or ...
2
votes
2answers
125 views

When did we start to be machmir?

When looking into the Talmud in the most places after bringing a machloket it says that the halacha is like x. On the other edge of the time when reading the Mishna Brurah it looks like he doesn't ...
1
vote
1answer
57 views

What was the Shita of the Rema

The beit yosef has a very clear Shita. There are 3 important poskim:rosh.,rif,and rambam. He goes after the majority of these Poskim in case of a machloket. When looking into the rema(darkei ...
3
votes
1answer
53 views

Halachic base of big loss (hefsed merube)

We see in the halacha many times that when we have a dispute if something is permitted or not and we pasken that it is not permitted, the halacha changes when there is a big loss. I understand it ...
3
votes
2answers
70 views

Why do we reject Rabbi Chiya's opinion?

The Gemara says (in Yevamos 42b-43a as well as other places) that "וכי רבי לא שנאה ר' חייא מנין לו". In context of Yevamos, it means that if there is an argument in a Mishna and a Stam in a Braisa, we ...
5
votes
1answer
88 views

What is/are the Halachic standard(s) of proof

This answer suggests a standard of "beyond a shadow of a doubt". That type of term is very popular from an English Law perspective, which has varying standards of "proof". Among them: Probable cause ...
2
votes
3answers
118 views

What is השמעת קול about?

Apparently, there's a prohibition against making noise on Shabbos. See Shabbos 18a: אבל אין נותנין חטין לתוך הריחים של מים אלא בכדי שיטחנו מבעוד יום מאי טעמא אמר רבה מפני שמשמעת קול But ...
4
votes
1answer
46 views

Poskening Leniently

For situations where a Rav is searching for a lenient ruling, such as in cases of major financial loss or aguna, etc., what are the guidelines that he must follow? Is he allowed to rule like a single ...