Questions about theoretical issues about psak and general halacha concepts

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5answers
220 views

Waiting Between Meat & Dairy According To The Geonim

It seems as though the Geonim - although disparate and diverse in their opinions on many issues - seem to be rather united on the understanding of the Gemara on the subject of waiting after meat ...
8
votes
4answers
189 views

What is the response to Maane Ligros regarding Cholov HaCompanies

The Sefer 1מענה לאגרות (page 221) argues on R. Moshe Feinshtein's leniency allowing industrially produced milk to not be watched by a Jew during the milking. His basic argument is that the Ramo says ...
8
votes
1answer
351 views

Following the Biur Halacha

As far as I know, the most accepted Posek around the entire non-Chassidic Ashkenazi world is the Mishna Berura (and of course the Rama). He wrote the sections to his commentary to the Code of Jewish ...
8
votes
2answers
236 views

Stipulations based on “correct” halacha vs. “לא בשמים היא”

It is my understanding that halacha is determined by individual p'sak. That is, there is no divine body of halacha which we are trying to determine with poskim issuing their p'sak based on what they ...
8
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1answer
96 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
1answer
220 views

Why is the Shulchan Aruch definitive?

Why do we (almost all Jews) consider the Shulchan Arukh, not written until the 16th century, to be the final word on halakha? Our halakha is derived from Torah Shebikhtav and She'be'al Peh. SA ...
8
votes
3answers
202 views

Why does Jewish law and tradition specify times for saying Shema?

This question is asked at a very basic level, not deeply aware of Judaism or the process of Jewish law. I'm not Jewish so it isn't directly applicable to me, but it helps me to ask a broader question ...
8
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1answer
180 views

Is a person endangering others always* a Rodef?

Does a person endangering others inherently* have a Din of a Rodef? Related: Is a speeding driver who causes damage exempt from paying due to his status as a Roidef? *Leave aside for purposes of the ...
8
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1answer
354 views

Bitul BeRov - the classic case in real life

In Halachah there's a tremendously powerful concept of Bitul BeRov (nullification among the majority). It goes like this: If you have three identical pieces of meat, and you know for a fact that one ...
8
votes
2answers
179 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 ...
8
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1answer
204 views

In Chabad- Final Halachic Decidor

In the area of Orach Chaim, when there is no established Lubavitch Minhag, i.e. in a case which is not in the Shulchan Aruch Harav (for whatever reason), and is not discussed by any other Lubavitch ...
8
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1answer
127 views

How commonly used are manuscripts in psak?

How Halachically valid are recently discovered manuscripts? For example, if one found the original manuscript of the Rambam and he rules differently than the currently known text, do modern Poskim ...
8
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1answer
121 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 ...
7
votes
9answers
792 views

Kabala in Halacha

Which of the major authors or codifiers of halacha. . . a) refer directly to or quote from kabala in their legal discussions? b) employ conclusions based only on kabala in their legal argumentation ...
7
votes
2answers
111 views

What makes something “worthy of being honored”?

When a piece of meat is in a mixture that should nullify it, we don't consider it nullified if it is ראוי להתכבד, or "worthy of being honored", something you would serve to a guest. Is there some kind ...
7
votes
1answer
267 views

Is there a Statute of Limitations in Jewish Law?

From Wikipedia: A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated. In ...
7
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2answers
125 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 ...
7
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2answers
196 views

What is the benefit of humroth (stringencies)?

If we are meant to understand from the Nazir that forbidding things which are really mutar in order to be "extra holy" is really not a positive thing (cf. y.Nedarim 9:1), then of what benefit are ...
7
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2answers
253 views

Darchei Shalom in Halachah

Halachic Literature will, when relevant, promote certain permitted activities with respect to Gentiles because of "Darchei Shalom" (Ways of Peace). Do we ever find situations where activities that ...
7
votes
2answers
283 views

Why don't some do yibum today, l'chatchilah?

According to the Mishna (Bechorot 1:7) the reason not to perform yibum nowadays is people don't have intention l'shem mitzva when performing yibum. Firstly I would like to know if there are any other ...
7
votes
3answers
539 views

Was Rambam affected by Islam?

Was Rambam's philosophy affected in any way by Islamic culture or religion? If so, could that influence have influenced his interpretation of halacha? This question is inspired by an ongoing ...
7
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1answer
225 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
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1answer
353 views

Maris Ayin when nobody knows you're Jewish

According to this answer, wearing a toupee without a kippa on top may pose a problem of maris ayin. My question is: Suppose the toupee-wearer has no distinctive Jewish features other than wearing a ...
7
votes
1answer
998 views

Woman wearing her husband's comfortable clothing

Is there any printed discussion about a woman wearing her husband's comfortable clothing? While there is an Isur for a woman to wear a man's clothing, I've read in several places that this is about a ...
7
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1answer
120 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?
7
votes
1answer
233 views

Should separating pull apart Challah rolls be considered a forbidden act of completion?

I have heard many people state that using Challah* rolls that are baked in one unit to be pulled apart might be a problem for making Leḥem** Mishneh on Shabbath. In fact, there are rolls that are sold ...
7
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1answer
122 views

Can there be a Minyan of lepers?

Inspired by this question. Can lepers form a Minyan, or is that an inherent contradiction in the status of a Metzora'?
7
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1answer
182 views

Origin of the nine days

I just learned a gemara (taanit 30a) that seems to pretty clearly state that the mourning for tisha b'av starts the beginning of the week that tisha b'av falls out on, and ends with tisha b'av itself. ...
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0answers
91 views

How do you weigh authority in halacha?

Are there any hard and fast rules as to how to assign relative importance of one authority over another in formulating a psak halacha? For example if the Rambam and the Rashba argue over a specific ...
6
votes
6answers
757 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 ...
6
votes
2answers
82 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 ...
6
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3answers
615 views

Source for the prohibition against Nivul Peh (foul mouth)

What is the source for the prohibition against Nivul Peh (using foul language)? Is it Biblical? Rabbinic? "Asmachta" (based on a principle derived from the Torah but ultimately not considered a ...
6
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2answers
310 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 ...
6
votes
1answer
122 views

Is the Mitzva of Tzitzit on the Gevra or the Cheftza?

Is the Mitzva of Tzitzit an obligation on the clothing or on the person?
6
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2answers
78 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 ...
6
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2answers
215 views

Are Noahides obligated in the commandment of Yibum?

Regarding the subject of Yibum (Levirate marriage), what is the source, if any, that this is also an obligation on a Noahide? Many of the discussions on this Q&A site concerning Yibum connect to ...
6
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2answers
232 views

Which takes precedence - dina d'malchuta or halacha? What about minhag yisrael?

A more practical ramification of Is a ban on government workers wearing religious symbols a gezeirat hamalchut for which one would be obligated to give up his life? If the law of the land (dina ...
6
votes
1answer
90 views

Does דבר שיש לו מתירין apply to כל דפריש‎?

Often, there's a rule that a forbidden substance (or object) that got mixed with sufficiently much (or many) permitted substance (or objects) is בטל ("nullified" is the usual translation, though I ...
6
votes
1answer
115 views

Redeeming maaser sheini on paper money

I know that the mishna says that maaser sheini* can only be redeemed on coins and not something else. (See this answer.) However, this was written around 2000 years ago, and the way money works has ...
6
votes
3answers
224 views

Why not focus on halacha in elementary education?

From the Mishna B'rura's introduction to the rules of Shabas: …But by what means can we arrive at this level: that one keeps Shabas in all its details? The advice on this is that one urge himself ...
6
votes
1answer
514 views

When is a Minhag no longer a Minhag?

It can be all too easy for people to underestimate the halachic significance of minhagim (traditions/customs). While there are, as I understand it, a variety of halachic issues/differences of ...
6
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2answers
126 views

Which mitzvos exempt which mitzvos?

There is a general rule in Halacha that someone occupied with a mitzva isn't obligated to interrupt themselves to do another mitzva. This is known as " עוסק במצוה פטור מן המצוה". My question is, what ...
6
votes
1answer
106 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 ...
6
votes
2answers
220 views

Reliance on non-Jews for removing bugs

In discussing washing salted meat according to Halachah, there is a lengthy discussion about whether and when we can rely on a non-Jew who claims to have done it. The Tur (Y"D 69:10) says that there ...
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2answers
48 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 ...
6
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2answers
113 views

Is there any point where לשבת יצרה no longer applies?

Yeshaya 45:18 says: כי כה אמר יהוה בורא השמים הוא האלהים יצר הארץ ועשה הוא כוננה לא תהו בראה לשבת יצרה אני יהוה ואין עוד ... it (the world) was not created to be void, to be settled it was ...
6
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2answers
104 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?
6
votes
1answer
98 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 ...
6
votes
1answer
87 views

Aiding what you consider sin but he doesn't

There is an action. Let's call it "hoobling". Some pos'kim say hoobling is permitted and others say it's forbidden. (Note: not "say one should ideally be strict". They say it's forbidden.) Suppose ...
6
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2answers
546 views

Does one sit shiva for someone he killed?

I understand sitting shiva to be an expression of bereavement. If I (hypothetically) was the victim of constant abuse which lasted for years and I ultimately, in an act of self defense, had to kill my ...