0
votes
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 ...
1
vote
1answer
78 views

Authenticity of Halacha l'Moshe MiSinai

How do we know that a Halacha which is claimed to have been given to Moshe at Sinai actually was? Especially in cases where it seems to contradict the Written Torah given at Sinai? A Halacha ...
6
votes
2answers
66 views

I thought Gezeirah Shavah requires Mesorah

In Masecheth Rosh Hashanah (9b), the Gemara uses a Gezeirah Shavah from Tishrei, with the word שנה, to support the Mishnah's ruling that 'Orlah is counted from Tishrei. In response, however, the ...
2
votes
2answers
84 views

Hammurabi in Jewish sources

The Hammurabi code is one of the oldest preserved codes of law dating back to 1772 BCE. This is roughly the time after the flood (-2105BCE), the tower of Bavel (1765BCE) and the Patriarchs. Although ...
0
votes
0answers
63 views

Probing Minhag Avoseinu

As discussed in this question and the comments there, we know, based on Beitza 4b, that there is some halachically binding concept of minhag avoseinu b'yadeinu (the custom of our forbears is in our ...
6
votes
6answers
606 views

Why don't we just follow the shittah of Moshe Rabeinu?

My question can apply to virtually all mitzvos where there is a disagreement in the standard way to fulfill them. If one reads the hakdama (introduction) to the Rambam's peirush mishnayos (commentary ...
10
votes
2answers
178 views

Why is precedent set by individual rabbis, not courts?

The headline on this obituary for R' Eliyashiv ("A One Man Supreme Court") got me thinking - why do we invest so much power in precedents set by individual rabbis, as great as they may be, but not in ...
10
votes
3answers
255 views

Halachic authority of books

To what extent do books on Halachah have authority? I was taught that the Gemara was "closed" and may no longer be challenged in terms of its Halachic authority. To what extent is this authority ...