Questions about theoretical issues about psak and general halacha concepts

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1answer
87 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 ...
2
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0answers
87 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. ...
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2answers
225 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 ...
4
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2answers
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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0answers
82 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
91 views

Can a Rishon argue on a Gaon?

On one hand, I've seen a rule from the Acharonim (I've also seen it in a Shach on Choshen Mishpat also but I can't remember where) that whatever the Gaonim say is "Divrei Kabalah" from the time of the ...
4
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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?
2
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1answer
54 views

Limits to sale of חמץ

I'm looking for the outer limits of what is considered a valid sale of חמץ. We do use some tools (Shtar, Halifin) to effect the sale and make sure it's "legitimate". As two example issues of this ...
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2answers
473 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 ...
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1answer
51 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 ...
3
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1answer
204 views

How does Kavush work?

The Halachic principle of Kavush states that leaving something in liquid for 24 hrs transfers taste, and therefore it alters the status of the thing with which it is exchanging tastes. However, ...
3
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1answer
251 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 ...
4
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1answer
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 ...
4
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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 ...
12
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3answers
164 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 ...
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1answer
226 views

Is there a Statute of Limitations in Jewish Law?

From Wikipedia: A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated. In ...
6
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3answers
173 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 ...
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0answers
65 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 ...
2
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1answer
157 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 ...
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0answers
135 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 ...
6
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1answer
520 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 ...
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0answers
112 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 ...
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2answers
137 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 ...
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2answers
144 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 ...
2
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1answer
89 views

Does “burning” water fall under the Av Melachah of “bishul” on Shabbos?

If water that falls onto a hot plate on Shabbos immediately "burns" up and evaporates, does this fall under the Av Melachah of bishul? (The pracitical application of this I want to leave aside. ...
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3answers
275 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 ...
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2answers
296 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 ...
2
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1answer
117 views

What is the source for “the custom of our forefathers is in our hands”?

Where does "minhag avoseinu byadeinu" as a halachik concept, which is commonly cited as the source for keeping two days of yom tov outside of Israel, originate from?
2
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1answer
56 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 ...
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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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2answers
260 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 ...
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1answer
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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1answer
170 views

Origin of the nine days

I just learned a gemara (taanit 30a) that seems to pretty clearly state that the mourning for tisha b'av starts the beginning of the week that tisha b'av falls out on, and ends with tisha b'av itself. ...
4
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2answers
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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6answers
643 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 ...
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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, ...
2
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1answer
72 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 ...
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3answers
583 views

What are the authoritative Jewish documents?

When I'm reading through answers on this site I often see users make references like - Baba Batra 75A Or Chagiga 12A I don't understand what these mean. What are the documents that ...
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1answer
163 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 ...
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2answers
298 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 ...
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2answers
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?
10
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2answers
178 views

Why is precedent set by individual rabbis, not courts?

The headline on this obituary for R' Eliyashiv ("A One Man Supreme Court") got me thinking - why do we invest so much power in precedents set by individual rabbis, as great as they may be, but not in ...
2
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1answer
156 views

Ma'ariv is obligatory?

Berachoth (4b) states conclusively that Ma'ariv is compulsory (לאפוקי ממאן דאמר ... רשות; קמ״ל דחובה). But one of the accepted premises when comparing Ma'ariv to other Tefilloth is that Ma'ariv is ...
5
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3answers
473 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 ...
12
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1answer
238 views

What determines the sorts of cases in which one can deliberately not know the facts?

Halacha depends on the facts of a situation. Generally, when one cannot know the exact facts, he is expected to assume that they are as usual (rov), or as they were when last checked (chazaka). When ...
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0answers
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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2answers
255 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 ...
2
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1answer
96 views

The power of a seudat mitzvah to obviate minhagei aveilus

The prohibitions which Ashkenazim take on themselves during the nine days seem to spring from post-Talmudic thinking and application of the notion of "reduced joy." For some reason, the particulars ...
4
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0answers
214 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 ...
8
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2answers
389 views

What are the sources of Jewish law?

What are the sources for the Jewish law or "Halacha"? Is there any priority among these sources? In common practice, when a law is described, is the citation given form the main sources or derived ...