Questions about theoretical issues about psak and general halacha concepts

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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 ...
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3answers
128 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 ...
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2answers
253 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 ...
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1answer
78 views

Contradiction between Shulchan Aruch Harav and his siddur

When there is a contradiction between the Shulchan Aruch Harav and his siddur,which one does the poskim use?
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2answers
315 views

Picking fruit vs slaughtering on yom tov

We know the concept of ochel nefesh regarding yom tov. And we know that you can do melacha that is directly related to food, (like frying an egg). My question is, why is שחיטה permitted if there's ...
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3answers
184 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 ...
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1answer
36 views

Is “al tikri” ever used for a midrash halacha?

In maseches Rosh Hashana 13a–b, the Gemara attempts to prove that certain crops count as having grown in the year in which they achieve one-third of their total growth: מנלן כדתניא רבי יונתן בן ...
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100 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 ...
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75 views

Nezikin for Annoyances?

Is there any concept of Nezikin for simple annoyances like in secular nuisance law? What if said annoyances cause difficulty sleeping, studying, or working?
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4answers
184 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 ...
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1answer
86 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 ...
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1answer
92 views

Legitimacy of selling חמץ

What are the arguments for and against the now-widespread practice of selling חמץ prior to פסח?
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34 views

Safek De'Oraysa Le'Chumra

The classic example of safek de'oraysa le'chumra is when there is an agreement that a de'oraysa exists but there is a debate as to which cases constitute the de'oraysa. In such a debate we paskin ...
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53 views

Parameters of “kalus rosh”

What is the definition of kalus rosh? What are the halachos of kalus rosh and where do they apply?
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2answers
101 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? ...
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1answer
131 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 ...
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2answers
91 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 ...
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230 views

All ramifications of “Lo BaShamayim Hi” [closed]

What are all the ramifications of "Lo BaShamayim Hi"?
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73 views

Responsibility to government law

When a particular non-Jewish law is inconvenient, and no harm seems to be done to anyone by ignoring (breaking) it... is one required still to keep it? If so, or if not, why? This question ...
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1answer
101 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 ...
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1answer
100 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 ...
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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 ...
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1answer
75 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 ...
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41 views

Is the blood of a non-Kosher animal forbidden because of וכל דם לא תאכלו

Inspired by a recent chat discussion related to this question. Does the prohibition of וכל דם לא תאכלו - not eating blood - apply to non-Kosher animals? The Rambam writes: ודבר מפורש בתורה שאינו ...
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77 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 ...
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66 views

What constitutes a “Hesped” (eulogy)?

There are certain dates throughout the year when one may not give a "Hesped" (eulogy) because of a certain level of happiness associated with those dates. However, I've attended funerals conducted on ...
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63 views

Publisher prohibiting purchaser from sharing

Tradition articles are downloadable from the Tradition Online website, which prohibits further distribution of the materials. On each download page there is the following warning: It is strictly ...
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200 views

Why is wine poured by a non-Jew forbidden?

The S"A 125:1 (YD) states that a non-Jew pouring non-Mevushal wine makes (at least) that wine unfit, but other than citing earlier authorities (maybe, I can't figure that part out) he doesn't give a ...
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224 views

How can we just make our chametz ownerless?

I'm trying to understand the "legal fiction" wherein we declare any chometz we have as ownerless like the dust of the earth. Is this halachically acceptable? How can a person declare something in his ...
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3answers
167 views

Can a person decide the Halacha (pasken) for him\herself?

Request for sources: Assuming one does not have semicha, (ordination) but is learned: Can one decide the Halacha for him\herself (after analyzing the issue and investigating the sources), or is one ...
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135 views

Who Commanded Us, and For What?

Whenever a Jew performs an activity that is mandated by the Torah, s/he recites the blessing that acknowledges God, "אשר קדשנו במצוותיו" (who sanctified us with his commandments), and who commanded us ...
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109 views

How do you go from the Talmud to Halacha Lemaasah?

What is the process involved for figuring out the halacha of today based on something written in the Talmud? Basically, what does a modern day posek do starting from the Talmud to reach a halacha he ...
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153 views

What is so special about the 613 mitzvos?

There are arguments in the Rishonim about what the 613 mitzvos are. But even if you hold something's not part of the 613, it's still a mitzva, so what's so special if it is part of the 613?
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178 views

Once a Jew, always a Jew?

I keep hearing all these critical remarks from orthodox Jews about what we should and should not do. Then I hear the Rabbi from time to time give a speech where he reiterates "Once a Jew, always a ...
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174 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 ...
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1answer
84 views

Why is asking a non-Jew to turn on electric lights considered amira l'nochri?

Given that practically all poskim accept R' Shlomo Zalmen's view that electricity is d'rabbanan over the Chazon ish, I would think that a Jew could simply ask a non-Jew to turn on/off lights on ...
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1answer
34 views

sefarim on psak halacha

What seforim discuss how psak is formulated and the history behind it? The history of the Mechaber and later achronim as well as the origin of machlokes which, in a way, started an idea of mediating ...
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58 views

Can חומרה and קולה ever be interchangeable?

I have heard of the duality of חומרה and קולה. For some people a particular application of halacha is considered a חומרה and to others a קולה. This ideology seems to only apply on an individual basis. ...
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51 views

Biblical versus rabbinic transgressions

Does the distinction between biblical versus rabbinic transgressions have implications or consequences today? In the past, the punishment for them was different I believe.
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1answer
106 views

What is the source of Chazaka?

There are many halachic chazakas. Most of them are halachic assumptions, such as: Keeping things the way they always were - Either financial (Chezkas Marei Kama) or religious (Chezkas Tahara, ...
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1answer
221 views

New Moon Based on Sighting Outside of the Land of Israel

I would appreciate someone directing me to a source that states/indicates/suggests whether the visibility of the new moon outside the Land of Israel may be used to begin the Jewish month in that ...
3
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1answer
65 views

Is a father empowered to truly give ownership of something to his young child?

I know that a child's things really belong to his father (although help with a source would be appreciated). However, the same is generally true of a wife's property/income belonging to her husband, ...
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1answer
62 views

Law before a drashah was made

What was the law before a drasha (a law derived from the 13 middos) was made? Were all the laws given at Sinai, and only their sources derived from the Torah by Chazal, or did Chazal learn new laws ...
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1answer
74 views

What are the opinions that explain why Gemara is authoritative?

Rambam and R' Hai Gaon say that Gemara is authoritative because of minhag, but are there other opinions as to the reason? The one that I'm familiar with (or that I most identify with) is the reason ...
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1answer
35 views

Halachic categorization of safek dioraisa…

Is the dictum of safek dioraisa l'chumrah (and its inverse safek d'rabanan l'kulah) a principle from the Torah, or a din d'rabanan? How does this change how we react in these sefeikah situations?
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109 views

Who needs a fence around their roof?

I recently called an exterminator to remove a hornets' nest in a tree overhanging my roof. Since my roof is slanted, with no direct access to it, and it starts at about 9 feet off the ground and peaks ...
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1answer
71 views

Pesik Resheih DeLa'Avar (inevitable consequence relating to the past)

The RaM"a (Y"D 87:6) cites an opinion that one may shouldn't stoke a flame beneath a non-Jew's pot, for fear that there's some milk and meat residue in it, and you might come to cook said milk and ...
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1answer
27 views

Are enclosed modes of transportation domains?

Do the laws that pertain to domains apply the same way to enclosed modes of transportation? Eg: If one begins a meal on a high speed train in one city, but finished the meal in another city, does ...
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1answer
65 views

Which opinion of the Rambam is followed, the Mishneh Torah or the Responsum?

If there is a contradiction between something the Rambam wrote in the Mishneh Torah and his responsum letters, which is considered his final ruling? Is there a general rule or is it a case by case?
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1answer
144 views

Halacha and danger to life

Suppose there is an halachically prescribed, commonly-practiced action, which has been demonstrated scientifically to lead to death of the action's object and/or subject with a certain low probability ...