Questions about theoretical issues about psak and general halacha concepts

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Is Jerusalem worth fighting and dying for in the context of Jewish law?

I think I have a good Jewish education but I don't know much Talmud, and so for all of my premises below, I would appreciate if a Talmud scholar would help with any pertinent references. Premise 0) ...
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1answer
67 views

Understanding a Fine Point in the Rambam's Laws of Yibbum

In MT, Hilkhot Yibbum veChalitzah 7:11, the Rambam presents the case of three brothers, two of whom are married to two sisters and the third of whom is married to an unrelated woman. In the event that ...
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1answer
28 views

Understanding the difference between shevus and gezeirah

I know that, in general, there is a difference in strictness between the two categories of protective measures, but am having difficulty in explaining the difference between the two.
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1answer
72 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 ...
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1answer
191 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 ...
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64 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 ...
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1answer
117 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, ...
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1answer
156 views

Flying on Shabbos

Would I be able to get on a direct flight that leaves Friday afternoon and lands on Motzei Shabbos? How would this be different from getting on a boat before Shabbos and getting off the boat at your ...
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1answer
77 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 ...
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167 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 ...
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116 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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140 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 ...
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83 views

Following the stringencies of different opinions

There is a tangential discussion in 'Eruvin, Daf 6b-7a about whether or not we can take the stringencies of two conflicting opinions. The Gemara seems adamant that we cannot, though there are examples ...
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1answer
50 views

Medicines v. Spices on Shabbos

Medicines are forbidden on shabbos for the non-critically ill because in the old days, they had to be ground with a pestle beforehand. Must not spices also be ground? How come spices are not also ...
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3answers
165 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 ...
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2answers
158 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 ...
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125 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 ...
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299 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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3answers
134 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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1answer
84 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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1answer
43 views

What happens if the Kohen Gadol is replaced while someone is in the Ir Miklat?

During the late Second Temple period, the Roman governors would often sell the position of Kohen Gadol to the highest bidder, sometimes even disposing one before serving a whole year. What if, during ...
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320 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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39 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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1answer
84 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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77 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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214 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
88 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
93 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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44 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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60 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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1answer
78 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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104 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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133 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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95 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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243 views

All ramifications of “Lo BaShamayim Hi” [closed]

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

Punishment for thoughts

I was wondering: 1a) Does halacha ever allow for someone to be punished by people (be'yedei adam) for a thought the person had? (I'm not sure how beis din or whoever would know about the person's ...
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106 views

A Jew at heart?

I am a noahide and I wanted to get a few opinions on this somewhat controversial topic, I by no means intend to make this into an argument or challenge to Jewish law nor do I mean to proclaim myself ...
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1answer
110 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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103 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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2answers
131 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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29 views

Using Ethiopian oral law to resolve machloket

This question and particularly my comment on the question got me thinking. Assuming those who became the Ethiopian Jews received the oral law exactly the same as the rest of Israel, could we ...
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55 views

What defines a “בהמה” (also “חיה”)?

As discussed in *Dag* (דָג) in kashrus halacha, *Tzomeach* (צוֹמֵחַ) in kashrus halacha, and *Of* (עוֹף) in kashrus halacha, there are different rules used to determine the kashrus status of ...
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52 views

Descrating one Shabbat for many

The Talmud states that one may violate the Shabbat to save a life, because it's worth violating one Shabbat to let someone keep many in the future. Does this principle apply in other cases? For ...
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2answers
72 views

Source of the term בכתמים שומעין להקל

In the halachos of Niddah, there is a term which I have come across not infrequently. The term is בכתמים שומעין להקל, which roughly translated means "in [the halachos of blood] stains we listen to ...
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51 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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80 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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76 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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65 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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221 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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99 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 ...