Questions about theoretical issues about psak and general halacha concepts

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6
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2answers
107 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
77 views

What if you undo a shabbat melacha?

If you plant a seed shortly before the end of shabbat (zoraya) and then un-bury it after shabbat, or you put an uncooked food into an oven and then take it out within seconds without it having baked ...
6
votes
1answer
388 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 ...
6
votes
1answer
133 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 ...
6
votes
2answers
244 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 ...
6
votes
1answer
88 views

Was divrei kabalah practiced before the nevi'im?

The Nevi'im sometimes got prophecies and wrote them down in Nevi'im or Kesuvim, and from those prophecies, we learn divrei kabalah. We learn things like oneg, mimtzo cheftzecha, and daber davar on ...
6
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0answers
74 views

Does halakha count primates as “almost human”?

I have read that the although the halakha requires koah gever (human strength/exertion) for pouring water over hands for n'ttilath yadhayim but it says explicitly in the Mishna that a qof (monkey) may ...
6
votes
2answers
243 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 ...
5
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4answers
216 views

Sephardi Halakha

Do Sephardim always follow the words the Mechaber (Maran Yosef Karo) in halakha?
5
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3answers
379 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 ...
5
votes
2answers
346 views

Why are people going back to paskining like the Rambam?

I have heard personally (and seen in chat) people (who are not Teimanim [for whom there is a tradition to rule like the Rambam]) ruling like the Rambam. I have heard that he has the authentic ...
5
votes
5answers
511 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 ...
5
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1answer
100 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?
5
votes
2answers
660 views

If Yom Kippur hypothetically fell on Sunday, would you make havdalah?

I was curious about this hypothetical situation. If Yom Kippur would fall on Sunday, Motzei Shabbat, so immediately when Shabbat ends, Yom Kippur starts. Would there be some sort of separation, בין ...
5
votes
2answers
67 views

Berakhos recited over food - Mitzvah or Matir?

Is it a mitzvah to recite a benediction over a piece of food, or is there a prohibition forbidding one from eating food without reciting a benediction beforehand? I believe that this is a similar ...
5
votes
1answer
129 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
193 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 ...
5
votes
2answers
147 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 ...
5
votes
1answer
177 views

What determines a Minhag?

How does a Minhag become a Minhag? More specific is it possible to enact new Minhagim in todays generation?
5
votes
1answer
135 views

Two types of preventative enactment?

I believe this is a strictly academic question. Correct me if I'm wrong. Many of the restrictions enacted by the Rabbis (as opposed to those extrapolated from the Torah) were done so in order to ...
5
votes
1answer
61 views

What is considered a Safek?

I've been learning all these laws about Sekefot-doubts, but I'm coming up shy on a basic point. What is considered a Safek? Example:if there are 100 pieces of lettuce and I check all of them and only ...
5
votes
1answer
168 views

What is the level of “Divrei Kabbalah”?

There are times in the Gemara that laws are derived from Psukim in Nach. They are called "Divrei Kabbalah". What status do they have (are they considered like Torah Laws or like Rabbinic laws). For ...
5
votes
1answer
90 views

Does nullification mean something no longer exists, or just that it has no Halachic significance?

[For the record, (I believe) I know the answer, but I saw someone post the question, as stated in the subject, on social media, and I am drawing it to its logical conclusion here.] Say, for example, ...
5
votes
1answer
71 views

What does R' Shimon mean when he “Expounds the reason of a verse”?

There is a known argument In Kiddushin and other places where it says that R' Shimon "expounds [for Halachic purposes] the reason of a verse" (דרש טעמא דקרא). What does this mean? Does it mean that ...
5
votes
1answer
146 views

What is the source for the current Shiurim that we have?

There are generally two types of Shiurim, the "classic" type (R' Avrohom Chaim Noeh) which says that when we measure an Amah nowadays it is roughly the size of an Amah in the time of the Beis ...
5
votes
1answer
94 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 ...
5
votes
2answers
92 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 ...
5
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0answers
53 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 ...
5
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0answers
34 views

What is the halachic definition of a blind person?

According to secular American law a person can be legally blind even if that person is able to see to some small extent. I'd like to know what the halachic definition of blindness is. Is it someone ...
5
votes
0answers
109 views

Why allowed on Yom Tov?

According to the Torah, melacha isn't permitted on Yom Tov days except for what is needed for food. I read that certain laws, like carrying, don't apply on these days because they are loosened for ...
4
votes
3answers
141 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 ...
4
votes
2answers
154 views

What does “aerosol” have to do with spitting in the wind, or winnowing?

In this answer over here it is explained, that a "question" comes up with aerosol cans, based on a gemora which asks if spitting in the wind counts as winnowing. Now, the spitting in the wind case ...
4
votes
2answers
371 views

Can halacha change based on scientific research?

Shabbat 39a says: "With regard to heating food in the sun itself, everyone agreed that one is permitted to place food in the sun to heat it, as it is certainly neither fire nor a typical form of ...
4
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2answers
113 views

Pinchas and Halacha In Front Of One's Rabbi

The Gemara in Eiruvin 63a,b learns that one is not allowed to paskin a halachah in front of one's Rebbi. Multiple examples and details are brought. In particular, Elazar haKohen taught the soldiers ...
4
votes
3answers
116 views

Honoring parental requests that don't benefit the parents

If one's parents ask him to do something that is not beneficial to the parents in any way whatsoever (though not harmful to the parents, the child, or anyone else, either), is he nonetheless obligated ...
4
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2answers
206 views

Will we follow Beis Shammai in times of Moshiach?

I've heard a few times that in the times of Moshiach the Halacha will follow the opinion of Beis Shammai. What is the source and reasoning for this? Is it true? We will no longer follow Beis Hillel ...
4
votes
2answers
142 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 ...
4
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2answers
125 views

Is there a p'sak when dealing with de'os?

I was wondering if the idea of paskening applies to the de'os area of Torah. As an example there is a machlokes rishonim how to view Chazal's relationship with the science they relied on to pasken ...
4
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4answers
131 views

Using money on Shabbat

It is a thoroughly well-known feature of the halakha that one may not use money on Shabbat, and there are maybe a dozen questions on this website alone that seem to presuppose familiarity with that ...
4
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2answers
85 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 ...
4
votes
1answer
80 views

Is there a stated freedom to contract?

In the United States (and other countries), there is the notion of the freedom to contract. This is the idea that two people of sound mind have the right to enter into any contract with one another ...
4
votes
1answer
91 views

Legitimacy of selling חמץ

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

What is the benefit of humroth?

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 ...
4
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2answers
88 views

When should one change one's Minhag with one's Makom (and when should one not)?

I know there are conflicting views on certain issues relating to following a local custom vs. one's family custom. However, what are the general concepts that are applied in determining the Halachah? ...
4
votes
2answers
84 views

When can you turn a dispute into a safek?

In this answer, I proposed that since there is a machlokes rishonim on a certain issue, it counts as a safek (doubt), although the Shulchan Aruch rules strictly. DoubleAA commented, saying that he ...
4
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1answer
205 views

All ramifications of “Lo BaShamayim Hi” [closed]

What are all the ramifications of "Lo BaShamayim Hi"?
4
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1answer
92 views

Where Does the Talmud Teach Not to Learn Halacha From Observation of Teachers?

Back when I was learning Daf Yomi, I ran into an interesting lesson I'm finding difficult to find again. It was a teaching that one should learn halacha from your rebbe's teachings and not through ...
4
votes
1answer
94 views

A fence within a fence

There is a well known dictum that a lot of rabbinic enactments were created to 'create a fence' around the major sin; the idea being that if someone does something that would be Biblically permitted ...
4
votes
2answers
119 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
0answers
62 views

Pouring honey into a hot beverage

Can pouring honey into a hot beverage, such as tea, create a Kashruth concern? In particular, if you pour honey into hot tea with milk, can you later use the same bottle of honey to add honey to a ...