Questions about theoretical issues about psak and general halacha concepts

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61 views

Source for Rabbis being able to say not to do a Deoriata

What is the source for Rabbis being able to say that one is not allowed to do a mitzvah deorita? Examples that come to mind are blowing shofar on Rosh Hashana on Shabbat, lulav on Sukkot (at least ...
3
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1answer
82 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
45 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
64 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
622 views

Yalkut Yosef or Mishneh Torah for a Sephardic Jew?

My Hebrew is rusty and my knowledge of all the halachot is equally rusty. I want to take on a new project to complete either one of those compilations. For someone coming from a Sephardic heritage, ...
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1answer
333 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
70 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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2answers
158 views

Immoral Halacha

In a conversation concerning the normal sensitive halachic issues, e.g. gender roles, homosexuality, etc., I recently heard a rabbi state that they found parts of halacha and the torah unethical and ...
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1answer
103 views

Poisoning my own food?

I live in an apartment with roommates, I'm trying to determine who is stealing my food. I use the word stealing because each of us had have our own separate and color-coded cabinets, and I also label ...
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1answer
162 views

How are we to understand Lurianic Kabbalah?

We believe that the Torah is eternal and never-changing. And yet, the Arizal brought quite a number of innovations to our religion. Although none really change halacha, they certainly do build upon ...
3
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1answer
66 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 ...
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1answer
52 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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1answer
154 views

What makes something a davar charif and is there a canonical list?

This question asks if Beer is a davar charif based on the hops being bitter. I was very surprised at the premise because charif means sharp, not bitter. I also vaguely recall seeing a list of 5 items ...
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3answers
99 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?
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1answer
173 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
79 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 ...
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2answers
326 views

Paskening from Talmud vs. Shulchan Arukh

Sometimes poskim will pasken from the Talmud (gemara) instead of the Shulchan Arukh. However, I thought that we pasken from the Shulchan Arukh and not from the Talmud. What is the proper way for ...
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1answer
93 views

Under what circumstances can Ashkenazim rely on Sephardic poskim?

Is there any reason an Ashkenazi Jew should not hold by the psak of a Sephardi rov--or vice versa--for decisions relating to general matters (not ostensibly to do with particular minhagim)? If so, ...
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1answer
74 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
28 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
148 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 ...
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1answer
280 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
77 views

When the Moshiach establishes the messianic kingdom of Yisroel, will the halacha binding on every Yehud be Sephardi, Ashkenazi or something else?

When the Moshiach establishes the messianic kingdom of Yisroel, what type of halacha will come into force over the nation? Sephardi, Ashkenazi, Mizrachi, psak Rambam, or something else? Or will ...
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1answer
129 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 ...
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133 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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1answer
102 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
97 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
214 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
124 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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44 views

Is the concept of Safek D'oraisa l'chumra relevant when dealing with a machlokes d'oraisa / d'rabbanan? [duplicate]

There are cases where Rishonim disagree as to whether a particular law is from the Torah or a Rabbinical decree. In such cases, must one be strict due to the possible violation of a Torah prohibition? ...
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44 views

Is lighting a new flame on Yom Tov a Biblical or Rabbinic prohibition?

Is lighting a completely new fire on Yom Tov a Biblical or a Rabbinic prohibition? Please cite your sources.
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115 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 ...
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29 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 ...
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2answers
78 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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91 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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50 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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132 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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42 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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2answers
121 views

Why does the Mishna/Gemara so rarely mention the practical Halacha?

The Mishna frequently mentions different opinions. Some opinions are generally rejected Halachicly (Rabbi Elazar, Beis Shammai). Why doesn't the Mishna mention who the Halacha follows (in general). ...
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3answers
484 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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4answers
690 views

Is it permissible to cheat at board games?

Board games have absolutely no value - there is nothing won and nothing lost. In such a situation is it permissible according to halakhah to cheat? I am asking, not to find a reason to be deceitful ...
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2answers
146 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
144 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 ...
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1answer
126 views

How do we treat a י"א in the Shulchan Aruch?

Is there a general principle for how we treat a י"א = יש אומרים (yesh omrim, "some say") cited in the Shulchan Aruch for the purposes of determining halacha? If not, are there examples of two halachos ...
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4answers
319 views

Why aren't we Mahmir (stringent) with just Mikvah when ruling leniently on a technicality in Niddah cases?

I know from experience and some introductory study of the laws of Niddah that rabbis typically try to find leniencies wherever possible in issues of family purity. In many instances, a Posek will rely ...
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3answers
214 views

Keeping up with “local” standards of modesty and dress - of religious Jews, or of society at large

In dealing with issues relating to Tzeni'uth (modesty) and clothing, a lot depends on "local" standards of dress. For example, the RaMBa"M (here) explains that in places where women do not normally go ...
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1answer
129 views

What is the source for “the custom of our forefathers is in our hands”?

Where does "minhag avoseinu byadeinu" as a halachik concept, which is commonly cited as the source for keeping two days of yom tov outside of Israel, originate from?
2
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2answers
118 views

What is the religious significance of the existence of many denominations and sects?

For much of the past 2000 years, when most of contemporary Halacha was being formulated, there was only a single denomination\sect of Judaism. (Leaving aside Ashkenzi vs Sephardi, which is mostly a ...
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1answer
77 views

Do any poskim recommend giving a conditional divorce?

For someone who married without a halachic pre-nuptual agreement, are there any halachic authorities who recommend giving a conditional get (bill of divorce) which stipulates that it would go into ...
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1answer
68 views

Observant Jews' view of the mind of God in relation to rules

Is it the view among observant Jews that God in fact cares about all the intricacies of observance? (as opposed, say, to what is in a person's heart and mind).