Questions about theoretical issues about psak and general halacha concepts
2
votes
1answer
77 views
If the Oral Torah is Divine, why are there arguments? [duplicate]
Possible Duplicate:
Why don’t we just follow the shittah of Moshe Rabeinu?
If the Oral Torah is Divine, how are there arguments in the Mishnah and Gemara?
(I have heard this question asked ...
2
votes
1answer
63 views
דבר לח (liquid) is not a חיבור (connection)?
According to (חוות דעת (צ"ב כ׳, a דבר לח (liquid) is not a חיבור (connection), and, therefore, if there's spilled milk on the ground and a hot meat pot is placed on it, we don't need 60x the volume of ...
2
votes
1answer
87 views
How does one define illness?
Is there a benchmark that one can use when consulting a Rav to discuss the possibility that his observance of certain laws needs to be considered as though he has an illness?
2
votes
1answer
88 views
Mahloket Rishonim on Techelet and no Shulhan Aruch or Bet Yosef
Mahloket Rishonim how many strings should be used in the Techelet.
One string (Raavad)
Two strings (Rashi, Tosafot, Rosh and Tur)
Half string (Rambam)
In a case of an argument like this who would ...
2
votes
0answers
40 views
What if the non-Jew who owns the chametz dies? [duplicate]
What happens if the non-Jew who the chametz was sold to on Pesach dies?
If he has a will, then the chametz would be passed on to someone else, and we could try to buy it back from him. However, if ...
2
votes
0answers
112 views
Must one go according to his/her opinion (leshitato)?
Imagine that a Halakhic Decisor (decider?) maintains a certain Halakhic position or Hashkafic belief. [I am assuming that such thing as a Hashkafic Decisor exists.] Anyway, is it imperative that s/he ...
2
votes
2answers
134 views
Why don't 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 ...
1
vote
3answers
199 views
Authenticity and authority of Oral tradition
Is there a methodology used in Judaism to authenticate traditions (that it orginated from person to whom it is attributed) and deem it halacha or a correct position? For example, Muslims have what ...
1
vote
2answers
167 views
How can we use grape juice instead of wine?
There are many rituals for which we use wine. I would think that wine means a fermented grape product, or at least a fermented fruit product. On what basis do so many people use grape juice instead of ...
1
vote
1answer
53 views
Allowing the forbidden for the sake of a Mitzvah
There are a few mitzvot which are effected through the use of that which is specifically forbidden. The first two examples are of tzitzit being made from shatnez and the mei sotah being infused with ...
1
vote
2answers
130 views
“Wrong” Berachoth exempting foods
'Al HaMihyah exempts 'Al Ha'Gefen, at least if it was said after eating grain products and grape juice/wine. Is this unique to this case, or is there a broader principle?
Can a less specific ...
1
vote
0answers
52 views
What is the Halachic difference if people are kosher or not?
The Ramban derives that people are kosher from the gemara in Kerisos (21a i think) That since the rabbis said that human milk is kosher using concept that anything that comes from kosher animal is ...
1
vote
0answers
59 views
Who should observe Isru Chag?
I have been trying to understand Isru Chag. While there is a source in tehillim for the words and the gemara derives a notion of extra celebration, there seems to be little about the scope of the day.
...
1
vote
0answers
41 views
Probing Minhag Avoseinu
As discussed in this question and the comments there, we know, based on Beitza 4b, that there is some halachically binding concept of minhag avoseinu b'yadeinu (the custom of our forbears is in our ...
1
vote
0answers
104 views
How did the modern day Beis Hora'ah phenomenon develop?
Here in Eretz Yisrael, we find Batei Hora'ah in many cities - places where a moreh hora'ah sits either during special times or perhaps the whole day or different rabbonim throughout the day answering ...
1
vote
0answers
76 views
Extrapolating from individual responsa to form a general psak halacha
R' Tsvi Heber of the Kashruth Council of Canada writes:
Is it permitted to order whole fruit[34] or drink water in a non-kosher restaurant? If not, can one enter a non-kosher restaurant to use ...
1
vote
0answers
35 views
Marit ayin vs. Dan Lechaf zechut [duplicate]
Possible Duplicate:
“bad impression” vs “Judge your friend favorably”
Why does the prohibition of maris ayin apply when there is also a mitzvah of hevei dan es kol ...
0
votes
2answers
243 views
Should anyone be burned to death?
In Leviticus 20:14, it states that a man who has relations with a woman and also with her mother is a despicable lech, whose punishment is to be burned to death. This is one of two transgressions ...
0
votes
2answers
137 views
Paskening from Talmud vs. Shulchan Arukh
Sometimes poskim will pasken from the Talmud (gemara) instead of the Shulchan Arukh. However, I thought that we pasken from the Shulchan Arukh and not from the Talmud. What is the proper way for ...
0
votes
1answer
45 views
Parameters for brov am?
What are they parameters of brov am hadras melech? is it a requirement or a hiddur? does it apply equally to men, women and children? why does it not seem to apply to zimun (preferable to split into ...
0
votes
0answers
21 views
What are the parameters of 'minhag yisrael'?
I went to a non-Jewish self-catering apartment and I was discussing with my friend whether we can use the utensils or not. Of course, if they are clean and used for cold there are no problems. We ...
0
votes
0answers
57 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?
0
votes
0answers
62 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 ...
-1
votes
3answers
128 views
Would Israel's sibling nation do Yibbum?
If Klal Yisrael would all die, ch"v, then would Edom become obligated in Tora uMitzvot because of Yibbum? (because Jacob's/Israel's brother is Esav, Edom.) Or would chalitzah happen because no other ...
-1
votes
1answer
40 views
Commandments on emotions [duplicate]
I can understand if the Torah commands one to wear tefilin or put on a mezuza.
But to command a person not to hate anyone, not to covet anything of anyone, not to bear a grudge, love your fellow as ...
-2
votes
1answer
341 views
I suspect I must do something, but don't want to. Must I check into the halacha?
I'm sometimes in a situation where, if I do nothing, I'll benefit. But I suspect Jewish law may actually require me to take action that will prevent the benefit.
I'm not sure if I should ask my ...
