Questions about theoretical issues about psak and general halacha concepts

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4
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214 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 ...
4
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2answers
196 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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2answers
143 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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2answers
477 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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2answers
191 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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1answer
105 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?
4
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1answer
54 views

How did the Beis Din have the authority to relax the rules of Muktza?

Shulchan Aruch HaRav (O.C. 310:16) lays out the general history of the prohibition of Mukza (Based on Shabbos 123b): בימי נחמיה בן חכליה שהיו העם מזלזלים באיסורי שבת כמ"ש בימים ההם ראיתי ביהודה ...
4
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1answer
62 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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2answers
172 views

Why bother with forcing the Get?

According to the discussion here as elaborated in the link, a forced Get as a Halachic matter (the opinion paskened in Shulchan Aruch), is simply that the Chachamim retroactively revoke the Kiddushin. ...
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1answer
190 views

What is the source of Chazaka?

There are many halachic chazakas. Most of them are halachic assumptions, such as: Keeping things the way they always were - Either financial (Chezkas Marei Kama) or religious (Chezkas Tahara, ...
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1answer
64 views

How much weight must we give to the Council of Sages opinions

As I understand it, there is no hierarchy within Judaism, per se. In fact, following a controversial decision by Rav Elyashev, he mentioned to a friend of mine that his rulings really only apply to ...
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2answers
339 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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1answer
47 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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2answers
90 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?
4
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1answer
138 views

How does “getting a heter” work?

I have heard of the concept of "getting a heter" to do something that is not ordinarily permitted, but I don't have a good idea of what it means. I am interested in explanations of what this process ...
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5answers
589 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
89 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
101 views

Legitimacy of selling חמץ

What are the arguments for and against the now-widespread practice of selling חמץ prior to פסח?
4
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1answer
75 views

Hillel's formulation of the Golden Rule

Hillel said, "That which is hateful to you, do not do to your fellow. This is the whole Torah, and the rest is commentary; go and learn it." - Babylonian Talmud, Shabbat 31a This is similar to the ...
4
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1answer
47 views

What is the source of the prohibition of not preparing on Shabbat for after Shabbat?

Preparing on Shabbat for after Shabbat is not one of the 39 melachot (Biblical categories of "work"). I gather that many prohibitions are gleaned from Yeshayahu (Isaiah) 58:13. However, the only ...
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1answer
50 views

Poskening Leniently

For situations where a Rav is searching for a lenient ruling, such as in cases of major financial loss or aguna, etc., what are the guidelines that he must follow? Is he allowed to rule like a single ...
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1answer
114 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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3answers
111 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?
4
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1answer
85 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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2answers
135 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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173 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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298 views

All ramifications of “Lo BaShamayim Hi” [closed]

What are all the ramifications of "Lo BaShamayim Hi"?
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1answer
38 views

Why are there not metalworking avos m'lachos?

We find that the avos m'lachos (classes of forbidden activity on shabas) are based upon the labors associated with the mishkan (tabernacle) in the mishna (e.g. Shabas 11:6) and g'mara (e.g. Shabas ...
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2answers
44 views

Does the use Rabbi Yishmael's principles retain the de'oraiso character of the original statement?

If we use one of Rabbi Yishmael's 13 principles of interpreting the Torah to learn from a Torah law (de'oraiso), does the inferred law also have the status of a de'oraiso? (Related: Where can I find ...
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2answers
99 views

Can someone stop being supported by his father without his father's permission?

From the shulchan aruch (yora deya 240.5 end) אֲבָל חַיָּב לְכַבְּדוֹ בְּגוּפוֹ, אַף עַל פִּי שֶׁמִּתּוֹךְ כָּךְ בָּטֵל מִמְּלַאכְתּוֹ, וְיִצְטָרֵךְ לְחַזֵּר עַל הַפְּתָחִים. וְדַוְקָא דְּאִית ...
4
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1answer
107 views

picking and choosing halachic rulings

I have heard many times from Rabbinim and in lectures that to pick and choose rulings is forbidden. I would like a halachic source for this. I can understand that one should be consistent, but if one ...
4
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2answers
84 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?
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68 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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4answers
167 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 ...
4
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1answer
128 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 ...
4
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2answers
135 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
58 views

Reward and punishment for indirect mitzvot and averot

If I create something with a certain purpose, and it's used for another purpose (good or bad), do I have a share in the mitzvot or averot people made with my creation? I'll give three examples to make ...
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0answers
91 views

Is there a chazakah (halachic presumption) that an Eruv is down after a blizzard?

I remember, I was once at shul Friday night, and it was just starting to snow and it was predicted to be a huge blizzard. The Rabbi got up and announced that tomorrow people should work under the ...
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67 views

Why are “Chiddushei” seforim rarely cited in the Nosi Keilim?

I noticed that when quoting Rishonim, Beis Yosef/Nosei Keilim tend to focus on Poskim (Rif (and main commentary)/Rosh/Rambam, Mordechai, Teruma, Rabbeinu Yerucham, etc.) and responsa. Very rarely do ...
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43 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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0answers
78 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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76 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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86 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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0answers
109 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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0answers
293 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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2answers
91 views

Arba Misos- 1 Mitzvah or 4?

Tosfos on Makos 2a (Kol Hazomemin) brings a Tosefta which says that if you can't give someone their destined Arba Misos (meaning the one their Aveira warranted), you can give them a different one, ...
3
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2answers
327 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 ...
3
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2answers
189 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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271 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
174 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?