Questions about theoretical issues about psak and general halacha concepts

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1answer
386 views

I suspect I must do something, but don't want to. Must I check into the halacha?

I'm sometimes in a situation where, if I do nothing, I'll benefit. But I suspect Jewish law may actually require me to take action that will prevent the benefit. I'm not sure if I should ask my ...
-3
votes
3answers
403 views

Should anyone be burned to death?

In Leviticus 20:14, it states that a man who has relations with a woman and also with her mother is a despicable lech, whose punishment is to be burned to death. This is one of two transgressions ...
10
votes
2answers
121 views

Why didn't the Tur discuss traditional Jewish philosophy?

Of all classical works of Halacha, only the Rambam has a section dedicated "Hilchos Deos". For example, he begins with the most fundamental Jewish belief, the belief in one G-d, that G-d is the ...
10
votes
2answers
209 views

Eating outside of a Sukkah - Negative or Positive commandment?

On Sukkoth we are required to dwell in a Sukkah, which is generally minimally defined as at least eating our meals (which in turn is generally minimally defined as grain-based products) inside the ...
10
votes
1answer
152 views

Puk Chazi - Go and See

There is a concept from the Gemara referred to as "Puk Chazi", go and see (as I understand). What are the applications and qualifications of this idea? Does "Puk Chazi", i.e. noting what people ...
9
votes
0answers
55 views

How to determine common practice for halachos that are impacted by it

Certain halachic issues are informed or even determined by the social standards of the (non-Jewish) society in which one lives. Examples include what falls under the prohibition of cross-dressing (see ...
8
votes
1answer
90 views

Is a mishna or a baraysa more authoritative?

Often, an opinion in a baraysa (by which I mean to include tosefta and any other non-mishna text of tanaim's halachic statements) and an opinion in a mishna differ on a matter of law. Is there any ...
8
votes
2answers
129 views

Why was a bat kol able to settle the dispute between Battei Hillel and Shammai?

Eiruvin 13b recounts an argument between Beit Hillel and Beit Shammai. The argument grew very heated until a bat kol intervened and stated the famous line elu v'elu divrei elohim chayim ("These and ...
7
votes
1answer
187 views

Zohar vs. Yerushalmi

M"B 25:42 makes it clear that we always follow Gemara over Zohar. And we similarly follow Bavli over Yerushalmi (as is clear from the Hirhurim article quoted in this related discussion). However, do ...
7
votes
1answer
107 views

Is the Haftarah a Minhag?

Is reading the Haftarah a Minhag? I know that the practice was instituted when we couldn't publicly read torah, and then it was kept. Does that make it a Minhag?
5
votes
1answer
136 views

What are the parameters of kavod ha'brios?

When I was younger I was told that in extenuating circumstances one can rip toilet paper on shabbos (preferably not on the perforations) due to kavod ha'brios. This concept is applied in other places ...
5
votes
1answer
200 views

Lifnei 'Iver in public policy/business

How far does Lifnei 'Iver extend? Earlier versions of this question led to a good deal of speculation of how an individual should respond to issues of public policy and business that may be contrary ...
4
votes
1answer
77 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 ...
4
votes
1answer
92 views

Legitimacy of selling חמץ

What are the arguments for and against the now-widespread practice of selling חמץ prior to פסח?
4
votes
1answer
133 views

Ashkanazim paskening like Rema

Was it always a straightforward presumption ("davar pashut") that in general the Ashkanazim should decide Halachic questions ("pasken") in accordance with the Rema over the Machaber/Beis Yosef (when ...
4
votes
2answers
128 views

What is the logical explanation for קם ליה בדרבה מיניה?

HodofHod: "In essence, the idea is this: If a person does one act, and with that one act incurs two different kinds of penalties, we only apply the stricter one. So if a person (for example) borrows a ...
4
votes
3answers
159 views

The concept of קם ליה בדרבה מיניה

I'm trying to understand this concept. I've Googled around and could't find any straightforward answers. I don't need too many details, just the explanation that's given in the Gemara (I understand ...
3
votes
0answers
37 views

Tosefta vs. Toras Cohanim

This past Shabbos someone said over to me a particular sugia they were learning in Taharas and a maklokes Rishonim (an argument between Rishonim, medieval rabbis) in a particular analysis. One Rishon ...
2
votes
1answer
40 views

What do we do with Chazaka's that don't seem to hold?

Inspired by this comment, there are Chazaka's (presumptions) and principles of נאמנות (trustworthiness) in Halacha that no longer hold in our practical experience. One example is עד אחד נאמנן ...
2
votes
1answer
117 views

What is the source for “the custom of our forefathers is in our hands”?

Where does "minhag avoseinu byadeinu" as a halachik concept, which is commonly cited as the source for keeping two days of yom tov outside of Israel, originate from?
1
vote
1answer
74 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 ...
1
vote
2answers
242 views

How can we use grape juice instead of wine?

There are many rituals for which we use wine. I would think that wine means a fermented grape product, or at least a fermented fruit product. On what basis do so many people use grape juice instead of ...