Questions about theoretical issues about psak and general halacha concepts

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4
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2answers
61 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 ...
4
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4answers
130 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
120 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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1answer
111 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
140 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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36 views

Determining Normative Halacha

I don't really understand the process for establishing what "the halacha" is in a particular case. I know that there are rules in the talmud to decide whom the halacha follows when there are ...
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0answers
37 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
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
95 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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63 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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82 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
83 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
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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0answers
251 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 ...
4
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3answers
243 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 ...
3
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2answers
128 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 ...
3
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2answers
151 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
258 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 ...
3
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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, ...
3
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2answers
161 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?
3
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1answer
205 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
178 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 ...
3
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1answer
138 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 ...
3
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1answer
232 views

Yoreh Yoreh vs. Yadin Yadin

I've heard a lot of people talking about the two different semichahs that one might receive: יורה יורה ("Yoreh Yoreh") and ידין ידין ("Yadin Yadin"). What is the difference between them? [Sourced ...
3
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1answer
42 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
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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2answers
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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2answers
66 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
274 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
votes
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, ...
3
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1answer
80 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 ...
3
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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
39 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?
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3answers
97 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
126 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
72 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
63 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 ...
3
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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 ...
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
213 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
89 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
78 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 ...
3
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2answers
49 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
95 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 ...
3
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2answers
93 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, ...
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1answer
200 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 ...
3
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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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0answers
67 views

Ratio between gentile vs jewish persons for jews to consider

I am interested to know, according to written law, if there is something like a ratio or relativization to consider between people of the tribe and gentiles that a Jew is bound to. Is there's such a ...
3
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0answers
20 views

Half-Hallel in commemoration of the fallen Egyptians

There seem to be two separate explanations as to why we only say a "half" hallel on the intermediate and final days of Pesach. According to one opinion (as attributed to the Shibolet Haleket here) it ...
3
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1answer
60 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 ...