Questions about theoretical issues about psak and general halacha concepts

learn more… | top users | synonyms (3)

0
votes
0answers
18 views

Why do we need dishes designated specifically for Pesah? [on hold]

We have certain principles of Bittul BeRov (nullification in a majority), and Bittul BeShishim (nullification in a ratio of 1:60). These principles apply to foods all year, but not to Hametz on ...
-1
votes
1answer
102 views

What were the most recent “Loophole” rulings to be instituted? [closed]

I am looking for things like Pruzbul or Marrying a Midianite Woman where an action that was held to be forbidden was made permissible for future times either through enactment or clarification. All ...
1
vote
0answers
37 views

Is this an effective means of being tested on Talmud [closed]

I'm in tenth grade and I'm concerned that the way we are tested Talmud in school is not effective. You see, we learn a small sugya of Gemara and then learn through a multitude of Rishonim and ...
2
votes
0answers
31 views

Why do we refer to Chazal as a monolithic group?

In discussions of Torah, halacha, etc., people often say, "According to Chazal..." as though all the thousands of rabbis of an 800-year period spoke with one voice. But you almost never hear people ...
1
vote
0answers
30 views

Zaken Mamrei vs. Par He'elem Davar

This past weekend I was reading through the Torah Temimah on Vayikra and a paradox occurred to me. The Zaken Mamre is specifically applied to one who is in a position of authority over a community. ...
1
vote
0answers
36 views

Tzitzis put on a borrowed garment that is later acquired. Take them off and reattach them?

From Torah Law, I need only put tzitzis on my own four-cornered garment. From Rabbinic Law, I need to attach tzitzis to a borrowed garment only after 30 consecutive days, see Oruch HaShulchan, O Ch ...
0
votes
2answers
115 views

How to Reconcile if/when the Jewish Day Was to Begin at Sunset?

Question: Are there any historical documents that detail the differences in opinions on when the "Jewish Day" began? (Perhaps between Sadducee and Pharisee/Rabbinic definitions, etc). What the ...
1
vote
0answers
54 views

Suicide to prevent Zombification

This is a serious question which deals with what is now a fictional construct, but one that has ramifications and which has been dealt with (in other situations) by halachic discussion such as this ...
2
votes
2answers
52 views

Understanding a qal vechomer in the Mishna

This is a fairly long-handled question, but it boils down to a desire to understand R' Shimon's qal vechomer in the Mishna, Negaim 10:2. Usually, for a qal vechomer to work, there needs to be a ...
7
votes
1answer
101 views

When and how was the Shulchan Aruch accepted

After the Shulchan Aruch was put together by the Beis Yosef and then following that with the glosses of the Rema, when did this sefer became "accepted" as the basis for deciding halachic matters in ...
4
votes
1answer
38 views

Why are there not metalworking avos m'lachos?

We find that the avos m'lachos (classes of forbidden activity on shabas) are based upon the labors associated with the mishkan (tabernacle) in the mishna (e.g. Shabas 11:6) and g'mara (e.g. Shabas ...
0
votes
0answers
46 views

Same Rabbi (Posek) for husband and wife

Does a husband a wife need to have the same Rabbi (Posek) or can they have their own Rabbi's?
3
votes
1answer
317 views

Biur Chametz and hefsek

On the evening of the day before Pesach, we search for Chametz and put aside what we find so that we may destroy it in some way the next morning. Before we start, we make the bracha "al biur chametz" ...
5
votes
3answers
184 views

Prior to the Men of the Great Assembly (and after Moses, our teacher), could halacha be decided by prophecy?

I think that I remember hearing that during the times of the Men of the Great Assembly, it was decided that prophecy would no longer be used to determine halachic rulings, i.e that before then it was ...
2
votes
1answer
112 views

When the Messiah comes, will the decisions/laws of Chazal still be in effect?

When the Messiah comes, will the various decisions and laws established by ChaZAL (i.e those after prophecy departed from Israel) still be in effect, or will the return of prophecy nullify the ...
1
vote
0answers
50 views

Machlokes Deoraisa vs Muttar - non-Jew vs Jew

If one Rav paskens somemthing is Asur Deoraisa and another Paskens totaly mutar, beshas hadechak is it better to get a non jew to do it or a jew whose rav holds its muttar? For example, if a certain ...
2
votes
1answer
77 views

An obligation to intervene?

I was posed a hypothetical question about medical ethics today. I am not looking for a psak as much as for sources on the discussion about halachic responsibility. Case 1: You are personally told by ...
-1
votes
1answer
77 views

Can a public road include an underground area below it to qualify as a Reshut Harabim?

On Shabbat, one may not carry in a Reshut Harabim. Kitzur Shulchan Aruch 81:2 says that there is an opinion that a road not having at least 600,000 people passing by it daily would not be considered ...
0
votes
2answers
141 views

Reshus Horabim Today?

The most lenient shita for a reshus horabim i have ever heard of is that 600,000 people must pass on the road EVERY day. Do any roads with daily CAPACITY for 600,000 people exist today? Do any roads ...
3
votes
2answers
39 views

Relative status of biblical and rabbinic transgressions

In the opening chapter of Sefer Tanya, the rebbe notes that failure to perform a positive biblical commandment is worse than performing a rabbinic transgression. In his words: “Even one who ...
1
vote
2answers
68 views

חזקה מעיקרה vs ספק

I am in the middle of מחלוקת with someone as to, if I originally had a חזקה and now there's a ספק to whether that status is still true, whether I maintain that original status or my status changes to ...
4
votes
2answers
58 views

Reward and punishment for indirect mitzvot and averot

If I create something with a certain purpose, and it's used for another purpose (good or bad), do I have a share in the mitzvot or averot people made with my creation? I'll give three examples to make ...
0
votes
0answers
75 views

Was Gematria taken from other cultures?

The wikipedia entry of gematria starts by stating the following: Gematria [...] is an Assyro-Babylonian-Greek system of code and numerology later adopted into Jewish culture that assigns numerical ...
4
votes
1answer
64 views

How much weight must we give to the Council of Sages opinions

As I understand it, there is no hierarchy within Judaism, per se. In fact, following a controversial decision by Rav Elyashev, he mentioned to a friend of mine that his rulings really only apply to ...
2
votes
1answer
31 views

Writing Responsa in English

I was reading the introduction to Rabbi Yehuda Henkin's book "Responsa on Contemporary Jewish Women's Issues" and he wrote something that I found interesting: Whether Halachic response should be ...
3
votes
1answer
78 views

Placing Tefillin on the floor

I've been taught since little that one can't place a pair of Tefillins on the floor, and that one must carefully avoid not dropping them. But what is considered being on the floor? For example, can I ...
4
votes
0answers
91 views

Is there a chazakah (halachic presumption) that an Eruv is down after a blizzard?

I remember, I was once at shul Friday night, and it was just starting to snow and it was predicted to be a huge blizzard. The Rabbi got up and announced that tomorrow people should work under the ...
1
vote
1answer
79 views

Can one use an Eruv if the Rabbi who built it says its down?

If a Rav Hamachsheir of an Eruv, the Rabbi who built it and supervises its use, sends out a message that he holds that the Eruv is down because of a particular reason (reason X), and should not be ...
1
vote
2answers
63 views

Homeopathic or unscientific medicine on shabbos

On shabbos there is a rabbinic prohibition against doing many medicinal things. Is the whole requirement that he is doing it for medicine and that it looks medicinal, or must it actually be ...
1
vote
0answers
22 views

How does a chiyuv due to chinuch work? [closed]

We frequently see statements in halacha like "the minor's obligation to do the mitzva is only rabbinically imposed (mid'rabanan), because it's only because of chinuch (=the obligation to educate one's ...
4
votes
2answers
44 views

Does the use Rabbi Yishmael's principles retain the de'oraiso character of the original statement?

If we use one of Rabbi Yishmael's 13 principles of interpreting the Torah to learn from a Torah law (de'oraiso), does the inferred law also have the status of a de'oraiso? (Related: Where can I find ...
3
votes
1answer
110 views

Under what circumstances can Ashkenazim rely on Sephardic poskim?

Is there any reason an Ashkenazi Jew should not hold by the psak of a Sephardi rov--or vice versa--for decisions relating to general matters (not ostensibly to do with particular minhagim)? If so, ...
5
votes
4answers
162 views

Weighing mitzvot/aveirot

I apologize for the somewhat vague question; it was difficult to write. I would welcome any specific editing suggestions. What matters in the calculation of a person's righteousness? Is it: Number ...
5
votes
2answers
122 views

If two rabbis tell you opposite things which do you listen to?

If you ask two rabbis the same question and they give you opposite answers (one says mutar the other says assur). Which do you listen to?
2
votes
2answers
94 views

If you were born one sect (Ashkenaz) but wanted to become another (Sephardi), do you have to go through conversion?

I encountered a man who found out he was Jewish with Ashkenazi lineage, but for personal reasons converted to Sephardi. Never heard of this before. I remember learning there are several halachot in ...
7
votes
2answers
129 views

What is the basis that allows Rabbis to create laws?

I understand that the Torah gives instructions to obey Judges for legal cases and questions, but what is the basis that Rabbis have for creating new laws, such as for celebrating Chanukah with a ...
4
votes
1answer
75 views

Hillel's formulation of the Golden Rule

Hillel said, "That which is hateful to you, do not do to your fellow. This is the whole Torah, and the rest is commentary; go and learn it." - Babylonian Talmud, Shabbat 31a This is similar to the ...
3
votes
2answers
168 views

Immoral Halacha

In a conversation concerning the normal sensitive halachic issues, e.g. gender roles, homosexuality, etc., I recently heard a rabbi state that they found parts of halacha and the torah unethical and ...
2
votes
1answer
113 views

How does one avoid mysticism?

If someone is a strict Rationalist, and does not believe in many forms of Jewish mysticism, how does one go about avoiding it? I ask because kabbalistic mysticism has infiltrated many halakhoth and ...
4
votes
2answers
99 views

Can someone stop being supported by his father without his father's permission?

From the shulchan aruch (yora deya 240.5 end) אֲבָל חַיָּב לְכַבְּדוֹ בְּגוּפוֹ, אַף עַל פִּי שֶׁמִּתּוֹךְ כָּךְ בָּטֵל מִמְּלַאכְתּוֹ, וְיִצְטָרֵךְ לְחַזֵּר עַל הַפְּתָחִים. וְדַוְקָא דְּאִית ...
0
votes
1answer
19 views

Audio Shiurim on Halacha Theory

While there are plenty of websites that are offering audio recordings on "what the halacha is," i haven't found any that help teach you how you as an individual can learn about the halachic process to ...
4
votes
2answers
91 views

Arba Misos- 1 Mitzvah or 4?

Tosfos on Makos 2a (Kol Hazomemin) brings a Tosefta which says that if you can't give someone their destined Arba Misos (meaning the one their Aveira warranted), you can give them a different one, ...
0
votes
0answers
17 views

Status of a functional Male with hidden functional Female internal organs [duplicate]

I've found out this condition where a Male has a certain genetic condition where the primitive female organs, present in every foetus, are not absorbed and develop as "usual". A documented case in the ...
1
vote
0answers
16 views

Why does the shulchan aruch start with how to conduct one's self in the morning and not the night time? [duplicate]

The mishnah in brachos goes out of it's way to discuss why it stated with the night time shema b/c in the posuk it says when you lay down and when you rise up.. Why then when it comes to practical ...
1
vote
1answer
50 views

What is the Jewish religious authority during the galut? [closed]

During the galut (after the second temple, ie our times), what is the Jewish religious authority according to halakha? A Great Assembly of Rabbanim? Something else?
1
vote
0answers
41 views

Implication of uncertain letters in the Torah

I learned that there are a number of uncertain letters in the written Torah This article lists 12 (counts vary). (1) Bereishit 4:13 "Mineso" (E&T w/o Vav) (2) Bereishit 7:11 "Ma'ayanos ...
0
votes
0answers
33 views

What prayers are obligatory on a daily basis? What prayers are obligatory on Shabbat? And who decides what's actually obligatory?

When you go through a siddur you see lots of prayers, but never a mention of what's actually obligatory. Having seen the Rambam siddur, it seems like we have a looooot more prayers now, but are they ...
0
votes
1answer
36 views

How many types of reshut exist?

I know that there is a public domain (reshut ha-rabbim) and a private domain (reshut ha-yahid), but are there other types of reshuyoth mentioned in the halakhah of carrying on Shabbat?
2
votes
1answer
75 views

Observant Jews' view of the mind of God in relation to rules

Is it the view among observant Jews that God in fact cares about all the intricacies of observance? (as opposed, say, to what is in a person's heart and mind).
3
votes
0answers
44 views

Is the concept of Safek D'oraisa l'chumra relevant when dealing with a machlokes d'oraisa / d'rabbanan? [duplicate]

There are cases where Rishonim disagree as to whether a particular law is from the Torah or a Rabbinical decree. In such cases, must one be strict due to the possible violation of a Torah prohibition? ...