Questions about theoretical issues about psak and general halacha concepts
12
votes
5answers
323 views
Can we argue with gedolim when we are sure that we are right?
I recently saw a teshuva by Rabbi Moshe Feinstein, Ohrach Chaim Volume 1 Teshuva 109, that quotes a letter from Rabbi Menashe Klein asking a question on Rabbi Moshe's psak but saying that he does not ...
12
votes
2answers
221 views
Are Rabbeinu Tam's Tefillin really Rabbeinu Tam's Tefillin?
I once heard from a Sofer the shocking revelation that Rabbeinu Tam's Tefillin do not actually follow Rabbeinu Tam's opinion. Is that correct? Did I misunderstand? Are there any Soferim in our ...
8
votes
4answers
602 views
Who determines the kosher status of “new” foods?
Who determines the kosher status for "new" processed foods (e.g. Jell-O)? A few orthodox rabbis' approval? General consensus by the Jewish religious community? Certain kosher standards organizations? ...
4
votes
2answers
146 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 ...
8
votes
1answer
144 views
Eilu V'Eilu - Until Where?
Many times rabbis disagree on things in both hashkafa and Halacha. Usually, even when disagreeing, they will view the others' opinion as valid, even if they themselves would not rely on it. This is ...
3
votes
1answer
106 views
Hakaras HaTov in Halachah
Hakaras HaTov (Gratitude) is a very important trait in Torah. Can the principle of Hakaras HaTov create a situation where what is otherwise prohibited becomes permitted?
7
votes
2answers
136 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 ...
6
votes
2answers
99 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 ...
14
votes
7answers
243 views
SE Challenge: Halachot in which rulings range from permissible to Torah violation?
Inspired by my previous question regarding heating up soup on Shabbat, I present a challenge to the Judaism StackExchange community --
List halachot which have halachic decisions ranging from ...
3
votes
3answers
151 views
Petur (exemption) - Does intent matter?
Does one's intent factor into one's ability to rely upon an exemption in Halachah?
For example on Sukkoth, if I have no Sukkah and no intention of building a Sukkah (let's say at work, for one ...
9
votes
2answers
161 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 ...
11
votes
3answers
362 views
Nose Job in Halacha
Is a nose job allowed Hallachicly? Not all cosmetic surgeries, but rhinoplasty in particular, as I heard that rhinoplasty is allowed because we see by a Kohen that having an abnormally long nose is a ...
9
votes
3answers
202 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 ...
11
votes
2answers
308 views
What does “prohibited l’chatchila” mean?
To me the phrase prohibited l’chatchila seems a bit confusing. Can someone explain what this means in plain and simple english?
(context: someone says "action X is prohibited l’chatchila")
12
votes
1answer
245 views
What is the meaning of psak?
I have asked many people this question, and not yet got a comprehensive answer: What is psak?
Like, let's say I have a certain piece of food of uncertain status. If I ask my 6 year old kid if it's ...
8
votes
2answers
159 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 ...
11
votes
3answers
220 views
Limits to Dina Dmalchusa Dina
What are the specifications of Dina Dimalchusah? A more targeted question to answer would be: If I ripped off the label of my mattress — the label that says its removal is punishable by federal ...
19
votes
6answers
932 views
Why is it necessary to ask a Rabbi?
In various places on this site, including the FAQ, we have the following disclaimer:
Like Wikipedia, this site makes no guarantee of validity, and does not offer professional (particularly ...
17
votes
5answers
510 views
Halachic Restrictions not in the Torah, and “shall not add”
How can halachic restrictions that are not in the Torah be reconciled with the Deuteronomy 4:2 passage, which says, "Ye shall not add unto the word which I command you, neither shall ye diminish from ...
10
votes
3answers
282 views
When do rabbinic enactments apply if the given reason no longer does?
Often we find gezeiros d'rabbanan designed as preventative measures against more serious transgressions.
However, if nowadays the reasoning behind the gezeira does not apply, it seems that sometimes ...
4
votes
4answers
189 views
6
votes
8answers
415 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 ...
4
votes
2answers
145 views
What determines a Minhag?
How does a Minhag become a Minhag? More specific is it possible to enact new Minhagim in todays generation?
9
votes
1answer
119 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 ...
6
votes
1answer
213 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 ...
4
votes
1answer
122 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 ...
