Questions about theoretical issues about psak and general halacha concepts

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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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34 views

Was the Mishna Brurah meant to be learned straight?

Disclaimer - I do not intend to dispute common practices in Klal Yisroel, nor do I intend to criticize the incredible work of an incredible Talmid Chacham. The current practice in a considerable ...
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67 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
80 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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61 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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81 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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77 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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69 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 ...
4
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242 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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226 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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181 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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123 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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147 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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5answers
256 views

Saying Rishonim or Achronim were “wrong”

People are very careful (and rightfully so) to say when they don't understand the words of the Achronim or Rishonim to not say they are/were "wrong". But rather to say "I don't understand what he ...
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2answers
160 views

Schrödinger's cat and yibbum

Over Shabbos, the Shalosh Seudos discussion turned to the Monty Hall problem, which confused a lot of people [and which (#Humblebrag) I was able to clear up for them in under 30 seconds ;)]. Then, ...
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159 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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203 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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3answers
177 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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40 views

Halachic base of big loss (hefsed merube)

We see in the halacha many times that when we have a dispute if something is permitted or not and we pasken that it is not permitted, the halacha changes when there is a big loss. I understand it ...
3
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1answer
119 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
39 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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59 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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63 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.
3
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1answer
260 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
65 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 ...
3
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1answer
38 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?
3
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1answer
122 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 ...
3
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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 ...
3
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1answer
59 views

minhag means law? when in shulchan aruch

When the Ramo writes and "so is the custom (vchain nohagin)" do we understand that to mean that this is his ruling regarding the law or that he is not giving his opinion about the law but is just ...
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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
69 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?
3
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1answer
147 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 ...
3
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1answer
206 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, ...
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1answer
84 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 ...
3
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1answer
74 views

Is “pikuach nefesh” on shabbos “hutrah” or “dichuya”?

Whenever two mitzvos come into conflict with each other, and one is given precedence over the other (such as in the case of מילה on Shabbos, or any עשה דוחה לא תעשה), there is usually discussion over ...
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2answers
43 views

Why are the laws of honoring parents in Hilchos Mamrim?

The Rambam places the laws of honoring parents in Hilchos Mamrim (5th and 6th chapters). Why there? What does כיבוד אב ואם have to do with Beis Din?
3
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1answer
94 views

concept of Breira unknown to the Tana'im?

Breira is the concept that a choice can be made in the future that will retroactively determine the state of something in the the present (assuming I understood and articulated it correctly). There is ...
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2answers
92 views

Halachah: What's the difference between this site and looking up a question in a book?

Per our oft-cited FAQ, and our frequent use of the disclaimer to consult one's own rabbi in matters of practical Halachah, we do not, as a matter of policy, accept questions, or provide answers, ...
3
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1answer
198 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 ...
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1answer
116 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?
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61 views

Why do we reject Rabbi Chiya's opinion?

The Gemara says (in Yevamos 42b-43a as well as other places) that "וכי רבי לא שנאה ר' חייא מנין לו". In context of Yevamos, it means that if there is an argument in a Mishna and a Stam in a Braisa, we ...
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0answers
77 views

What to do when the Rabbi is on vacation

If a person has one Rabbi to whom they ask all of their questions, and that person is unreachable, for whatever reason, and an urgent, time-sensitive question arises, what should their course of ...
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40 views

Tosefta vs. Toras Cohanim

This past Shabbos someone said over to me a particular sugia they were learning in Taharas and a maklokes Rishonim (an argument between Rishonim, medieval rabbis) in a particular analysis. One Rishon ...
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101 views

makhloket poskim and hatarat nedarim

Recently, the OU decided to certify quinoa for Pesach. Formerly, the OU held by the view of Rav Yisroel Belsky that quinoa is kitniyot, or at least that Rav Belsky's view created sufficient doubt to ...
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38 views

What is a “time of kingdom's decree”

The gemara in Sanhedrin 74 talks about a time of oppression, during which even for "light mitzvot" one must die. What exactly constitutes such a time? Is it any time when the government makes a ...
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324 views

Doesn't the wide use of Sheitels among Orthodox Jewish women prove that hair no longer retains the erotic status that it once had?

In reading scores of halakhic material on the subject of kisui rosh le-nashim throughout the ages, I have found that there are essentially two views as to the nature of the obligation for a woman to ...
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2answers
269 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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2answers
110 views

When did we start to be machmir?

When looking into the Talmud in the most places after bringing a machloket it says that the halacha is like x. On the other edge of the time when reading the Mishna Brurah it looks like he doesn't ...
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3answers
111 views

What is השמעת קול about?

Apparently, there's a prohibition against making noise on Shabbos. See Shabbos 18a: אבל אין נותנין חטין לתוך הריחים של מים אלא בכדי שיטחנו מבעוד יום מאי טעמא אמר רבה מפני שמשמעת קול But ...