Questions about theoretical issues about psak and general halacha concepts

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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 ...
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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 ...
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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?
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45 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 (E&...
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35 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 ...
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1answer
37 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
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1answer
80 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).
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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?
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0answers
155 views

Are there Published Legal Defenses Resolving Objections Against Rabbinic Authority?

Are there Rabbinic "apologetic or polemic works" that focus only on the rational validity, and logical objections raised by other Jews1 -- against: (1.) the Rabbinate's authority in Judaism over other ...
3
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0answers
51 views

Is lighting a new flame on Yom Tov a Biblical or Rabbinic prohibition?

Is lighting a completely new fire on Yom Tov a Biblical or a Rabbinic prohibition? Please cite your sources.
2
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0answers
20 views

Can the shaliah tsibbur intend the hazarah to be his own tashlumin? [duplicate]

If someone was unable for some reason to daven shaharith and is thereby eligible to pray a make-up prayer (tashlumin) at Minhah, but then ends up being asked to be shaliah ssibbur when he gets to shul,...
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2answers
68 views

Source for Rabbis being able to say not to do a Deoriata

What is the source for Rabbis being able to say that one is not allowed to do a mitzvah deorita? Examples that come to mind are blowing shofar on Rosh Hashana on Shabbat, lulav on Sukkot (at least ...
2
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1answer
161 views

Can a woman uncover her hair for the sake of employment?

I am aware of many poseqim who hold that in order to get and hold a job, it is permissible for men to remove their kippoth during the interview and their workday. Can a woman who badly needs ...
5
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2answers
106 views

logic behind kol kavua k'mechtza al mechtze

there is a principle in halacha regarding doubts that if something is separated from a kavua (fixed place) it is treated as 50/50% chance even if the permitted is the majority. but if it is found in ...
2
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1answer
47 views

Did the Ramban say that mitzvos d'Rabbanan are only obligatory in the Land of Israel?

I've heard (maybe seen also?) that the Ramban (Rav Moshe ben Nachman, Nachmanides) said that Rabbincal Commands are only obligatory while in the Land of Israel. Is this true? (If so) Where is it ...
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4answers
114 views

Why can't we distribute mitzvah obligations around the community?

How do we know from the Torah that it would not be sufficient just to have some people doing davening, others doing negel vasser, others doing tzitzit, others doing chachnosas kallah, others doing ...
5
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1answer
82 views

Practical עשה דוחה לא תעשה

There are a few examples frequently offered for the rule "עשה דוחה לא תעשה": Someone whose garment has four corners and linen can nonetheless put wool tzitzis on it. This is unlikely nowadays, when ...
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1answer
49 views

Adding Honey to Wine and Rules of Yayin Nesach

There is a responsum of the Rambam that brings down the following custom that was done by the great sages, and done by himself personally. RAMBAM’S RESPONSA, 269 שאלה בדבר השתייה על מיני זמר ...
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1answer
68 views

Which Amoraim can argue on Tannaim?

I'v heard various opinions about which Amoraim can argue with Tannaim, ranging from any, to only Rav (Rabbi Abba). Which Amoras can argue with Tannas?
3
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1answer
85 views

When the Moshiach establishes the messianic kingdom of Yisroel, will the halacha binding on every Yehud be Sephardi, Ashkenazi or something else?

When the Moshiach establishes the messianic kingdom of Yisroel, what type of halacha will come into force over the nation? Sephardi, Ashkenazi, Mizrachi, psak Rambam, or something else? Or will ...
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2answers
34 views

How to understand the word zakai (exempt)?

Is the word zakai (exempt) (as opposed to hiav, guilty) different from the word mutar (permitted) or the word patur (actually a phrase, patur aval assur, without penalty but prohibited)? If so, how ...
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2answers
84 views

Malbim on “Eilu v Eilu”

I recently came across the following quote of the Malbim on the topic of אלו ואלו דברי אלוקים חיים: רק עד חתימת התלמוד (:מלבי"ם על הש"ס עירובין יג) That seems to be a pretty unique ...
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1answer
157 views

why is flatulence forbidden in tefillin and during prayer

Why is flatulence forbidden in Tefillin and during prayer? Is it because partials of the feces get stuck to the body so now you do not have a clean body? or what?
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61 views

Losing concentration in the middle of the first blessing of Shemoneh Esrei

First, a little background information: According to halakhah, there are two types of berakhoth: "long" and "short." "Long" *berakhoth" are those that have a pethihah ("opening", i.e. "Barukh Atah ...
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1answer
92 views

How to answer practical questions on the street

I don't know how common this is, but I've occasionally been approached on the street by regular people whom I do not know (who presumably make the assumption that since I wear a kippah, I'm a rabbi) ...
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3answers
250 views

Is one allowed to be Machmir against a psak?

The Halacha follows Rabbi Yehoshua that a Mamzer is only if one marries an Erva that is Chayav Kares. The Halacha follows the opinion that the descendants of a non-Jew living with a Jewess are Kosher ...
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3answers
67 views

Can one Shecht with a Wire

Can one ritually slaughter with a wire? Why or why not? The Talmud says that any implement may be used, so according to that a wire would be fine. Are there any technical problems that would ...
7
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1answer
122 views

Is it allowed to tie tzitzit using a cow hitch?

Would it be permitted to attach tzitziyot using a cow hitch (a way of attaching a rope or lead without use of a knot - pictured below), in order to be able to remove them before washing a garment so ...
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4answers
719 views

Is it permissible to cheat at board games?

Board games have absolutely no value - there is nothing won and nothing lost. In such a situation is it permissible according to halakhah to cheat? I am asking, not to find a reason to be deceitful ...
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1answer
52 views

What is the rationale behind tashlumin?

I understand that according to Masechet Brachot and the normative halacha, in certain cases, one who unintentionally missed saying a prayer service may "make up" that service by reciting the Shmoneh ...
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2answers
105 views

Is rape considered yehareig v'al yaavor?

Since Deut. 22:25-26 equates rape with murder, would a man be required to give up his life rather than commit rape?
6
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2answers
322 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
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1answer
71 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 ...
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27 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 ...
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1answer
45 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 ...
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1answer
88 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, ...
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51 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 ...
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2answers
120 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 ...
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1answer
84 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 ...
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1answer
116 views

Halachos that one should learn

A person wants to be proficient in halacha. 1) Should he learn halachos: a) that pertain to his fellow man? - I.e. Shemiras HaLoshon, Stealing or Ribis etc. b) or to his Creator? (I.e. Shabbos, ...
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1answer
86 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 ...
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1answer
104 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 ...
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1answer
90 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 ...
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1answer
56 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 ...
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1answer
72 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
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1answer
105 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 ...
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0answers
83 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 ...
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2answers
319 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
132 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 ...
8
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2answers
201 views

What does it mean that a blind person is “Patur” from mitzvot?

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 ...