Questions about theoretical issues about psak and general halacha concepts

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8
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1answer
146 views

How was the Shaalos Utshuvos Min Hashamayim allowed to do what he did?

The Shut Min Hashamayim was written by a Rishon in the time of Tosfos. He used to ask questions from Shamayim (Heaven) in a Sheilas Chalom (Dream Question) and write the answers down. Many of those ...
8
votes
1answer
113 views

How commonly used are manuscripts in psak?

How Halachically valid are recently discovered manuscripts? For example, if one found the original manuscript of the Rambam and he rules differently than the currently known text, do modern Poskim ...
5
votes
1answer
146 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 ...
13
votes
2answers
192 views

How big, and what exactly, is “Kedei Kelipah”?

{Kedei Kelipah is a term used in Kashruth for the amount of something that needs to be removed in order to allow one to treat the remnant as Kosher. (This only applies under certain conditions, which ...
9
votes
3answers
318 views

Why has the Mishnah Berurah become the Authoritative Halachik Work instead of the Aruch haShulchan?

Hirhurim just had a post about this topic, where he discussed some reasons that people should follow the aruch haShulchan. Yet in many circles, people just follow the Mishna Berura and rarely even ...
5
votes
1answer
129 views

What are the parameters of kavod ha'brios?

When I was younger I was told that in extenuating circumstances one can rip toilet paper on shabbos (preferably not on the perforations) due to kavod ha'brios. This concept is applied in other places ...
-3
votes
3answers
367 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 ...
5
votes
1answer
194 views

Lifnei 'Iver in public policy/business

How far does Lifnei 'Iver extend? Earlier versions of this question led to a good deal of speculation of how an individual should respond to issues of public policy and business that may be contrary ...
8
votes
2answers
157 views

Why are most mitzvas impossible to keep?

Nowadays, one can only keep so many Mitzvos (271). That is less than half of the commandments of the Torah. I don't know if there is any statistic regarding how many Psukim discuss currently relevant ...
8
votes
1answer
279 views

Following the Biur Halacha

As far as I know, the most accepted Posek around the entire non-Chassidic Ashkenazi world is the Mishna Berura (and of course the Rama). He wrote the sections to his commentary to the Code of Jewish ...
4
votes
1answer
205 views

All ramifications of “Lo BaShamayim Hi” [closed]

What are all the ramifications of "Lo BaShamayim Hi"?
8
votes
2answers
113 views

Isolationism vs. Interventionism

Taking as vague definitions: isolationism: the principle that states should mind their own affairs interventionism: the principle that the state has a moral responsibility to intervene in the ...
2
votes
1answer
128 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 ...
10
votes
2answers
115 views

Why didn't the Tur discuss traditional Jewish philosophy?

Of all classical works of Halacha, only the Rambam has a section dedicated "Hilchos Deos". For example, he begins with the most fundamental Jewish belief, the belief in one G-d, that G-d is the ...
5
votes
1answer
100 views

Is the Mitzva of Tzitzit on the Gevra or the Cheftza?

Is the Mitzva of Tzitzit an obligation on the clothing or on the person?
12
votes
3answers
380 views

Yerushalmi Versus Bavli in Halacha

The halacha we have today is mostly sourced in Talmud Bavli(the Babylonian Talmud),Medrash and Zohar. I would like to know what Halachot in which we rule according to the Yerushalmi (the Jerusalem ...
6
votes
1answer
77 views

Does דבר שיש לו מתירין apply to כל דפריש‎?

Often, there's a rule that a forbidden substance (or object) that got mixed with sufficiently much (or many) permitted substance (or objects) is בטל ("nullified" is the usual translation, though I ...
11
votes
1answer
196 views

Safek (doubt) in Halachah - How unsure does one have to be?

If someone is unsure if he recited Tal UMatar, one has to repeat the Shemoneh 'Esreh (it's slightly more complicated, but let's keep it simple). If one is unsure if he remembered to Bentch (recite ...
12
votes
5answers
365 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
270 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
900 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
155 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 ...
10
votes
1answer
205 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
111 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
188 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
108 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 ...
18
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16answers
498 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
162 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 ...
10
votes
2answers
199 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
437 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 ...
10
votes
3answers
234 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
387 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")
13
votes
1answer
374 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
185 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
307 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 ...
24
votes
8answers
1k 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
698 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 ...
11
votes
3answers
351 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 ...
5
votes
4answers
216 views

Sephardi Halakha

Do Sephardim always follow the words the Mechaber (Maran Yosef Karo) in halakha?
7
votes
9answers
584 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 ...
5
votes
1answer
177 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
146 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
300 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 ...
5
votes
1answer
136 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 ...