Questions about theoretical issues about psak and general halacha concepts

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3
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1answer
112 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
196 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
110 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
521 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
170 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
207 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 ...
12
votes
3answers
456 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
247 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
413 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")
14
votes
1answer
426 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
196 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 ...
12
votes
3answers
331 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 ...
25
votes
9answers
2k 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
753 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
365 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
217 views

Sephardi Halakha

Do Sephardim always follow the words the Mechaber (Maran Yosef Karo) in halakha?
7
votes
9answers
612 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
185 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
149 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
332 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
139 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 ...