Questions about theoretical issues about psak and general halacha concepts

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3
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66 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 ...
3
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0answers
80 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 ...
3
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0answers
43 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 ...
3
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0answers
108 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 ...
3
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0answers
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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3answers
350 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 ...
2
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2answers
281 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 ...
2
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2answers
120 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 ...
2
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3answers
114 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 ...
2
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1answer
108 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 ...
2
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3answers
193 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 ...
2
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1answer
122 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
107 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 ...
2
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1answer
64 views

Why don't we wear tefillin on Yom Tov sheni?

In Hilkhoth Tefillin 4:10, the Rambam states the basic and well-known halakhah that "...shabbathoth wi-yamim tovim enan zeman tefillin..." (Translation: "Shabbat and Yom Tov are not times for ...
2
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3answers
74 views

Does a wicked king of legitimate lineage have the full status of a king?

Does a wicked king - let's say he violates the "Big 3" - have any Halachic authority as a king? I am referring specifically to those laws which the king is theoretically entitled to enact, and which ...
2
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1answer
59 views

Appointing women as representatives of the congregation

There is a principle recorded in the Mishna, Rosh haShana 3:8, to the effect that a person can only vicariously exempt others from their responsibilities if he shares the same responsibilities that ...
2
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2answers
453 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, ...
2
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1answer
93 views

Can a Rishon argue on a Gaon?

On one hand, I've seen a rule from the Acharonim (I've also seen it in a Shach on Choshen Mishpat also but I can't remember where) that whatever the Gaonim say is "Divrei Kabalah" from the time of the ...
2
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1answer
54 views

Netilat Yadayim: Blessing Before or After?

These may not be the original sources for either shiTTah, but two early examples of either of them can be found in the Rambam, Mishneh Thorah - Hilkhoth Berakhoth 6:2 (mevorekh batteHiloh), and in the ...
2
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1answer
32 views

Why did the people have to respond twice “It is sanctified” when Sanhedrin declared Rosh Hodesh?

Ramba"m (Maimonedes) Hilchot Kid. Hachodesh 2:8 says: Afterwards - i.e., after [the witnesses'] testimony is substantiated - the head of the court declares, "It has been sanctified." And all the ...
2
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2answers
116 views

Hammurabi in Jewish sources

The Hammurabi code is one of the oldest preserved codes of law dating back to 1772 BCE. This is roughly the time after the flood (-2105BCE), the tower of Bavel (1765BCE) and the Patriarchs. Although ...
2
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1answer
112 views

Is there a penalty or measure of restitution for geneivas daas?

With the crime of stealing (geneiva), the Torah is very specific about how the theif must pay as a penalty for his crime (e.g. depending on the circumstances, the thief could be liable for double the ...
2
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1answer
91 views

Does “burning” water fall under the Av Melachah of “bishul” on Shabbos?

If water that falls onto a hot plate on Shabbos immediately "burns" up and evaporates, does this fall under the Av Melachah of bishul? (The pracitical application of this I want to leave aside. ...
2
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2answers
273 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 ...
2
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1answer
102 views

The power of a seudat mitzvah to obviate minhagei aveilus

The prohibitions which Ashkenazim take on themselves during the nine days seem to spring from post-Talmudic thinking and application of the notion of "reduced joy." For some reason, the particulars ...
2
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1answer
52 views

What do we do with Chazaka's that don't seem to hold?

Inspired by this comment, there are Chazaka's (presumptions) and principles of נאמנות (trustworthiness) in Halacha that no longer hold in our practical experience. One example is עד אחד נאמנן ...
2
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1answer
73 views

Eating new grains on the 17th vs the 18th of Nisan

The Shulhan 'Aruch (OC 489:10) states: אסור לאכול חדש אף בזמן הזה בין לחם בין קלי בין כרמל עד תחלת ליל יח בניסן ובארץ ישראל עד תחלת ליל יז בניסן "It is forbidden to eat new (grains) even ...
2
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1answer
54 views

Limits to sale of חמץ

I'm looking for the outer limits of what is considered a valid sale of חמץ. We do use some tools (Shtar, Halifin) to effect the sale and make sure it's "legitimate". As two example issues of this ...
2
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1answer
60 views

Parameters for brov am?

What are they parameters of brov am hadras melech? is it a requirement or a hiddur? does it apply equally to men, women and children? why does it not seem to apply to zimun (preferable to split into ...
2
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1answer
72 views

דבר לח (liquid) is not a חיבור (connection)?

According to (חוות דעת (צ"ב כ׳, a דבר לח (liquid) is not a חיבור (connection), and, therefore, if there's spilled milk on the ground and a hot meat pot is placed on it, we don't need 60x the volume of ...
2
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1answer
161 views

Ma'ariv is obligatory?

Berachoth (4b) states conclusively that Ma'ariv is compulsory (לאפוקי ממאן דאמר ... רשות; קמ״ל דחובה). But one of the accepted premises when comparing Ma'ariv to other Tefilloth is that Ma'ariv is ...
2
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1answer
83 views

Efshar LeSoḥato Asur - because or even though?

I'm trying to comprehend the concept of "אפשר לסוחטו אסור" (roughly: "if it's possible to extract it - something prohibited from something otherwise permitted - it is prohibited"). As far as I can ...
2
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1answer
107 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 ...
2
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1answer
39 views

Is the timing of Mitzvot more intentional or more extentional?

This question is inspired by: Halakhic International Date Line issues I was reading the answers, or actually the source quotations, and realized that the answer to the questions about ...
2
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1answer
110 views

Authenticity of Halacha l'Moshe MiSinai

How do we know that a Halacha which is claimed to have been given to Moshe at Sinai actually was? Especially in cases where it seems to contradict the Written Torah given at Sinai? A Halacha ...
2
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1answer
166 views

If the Oral Torah is Divine, why are there arguments? [duplicate]

Possible Duplicate: Why don’t we just follow the shittah of Moshe Rabeinu? If the Oral Torah is Divine, how are there arguments in the Mishnah and Gemara? (I have heard this question asked ...
2
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1answer
95 views

How does one define illness?

Is there a benchmark that one can use when consulting a Rav to discuss the possibility that his observance of certain laws needs to be considered as though he has an illness?
2
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1answer
139 views

Mahloket Rishonim on Techelet and no Shulhan Aruch or Bet Yosef

Mahloket Rishonim how many strings should be used in the Techelet. One string (Raavad) Two strings (Rashi, Tosafot, Rosh and Tur) Half string (Rambam) In a case of an argument like this who would ...
2
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0answers
29 views

Is there a difference between “Patur” and “Eino Chayiv”

When the Gemarah tells us that a Suma (a blind person) is "Patur" from Mitzvot, does that mean to say that he is completely outside the realm of Mitzvot, and will get no reward for doing them, or does ...
2
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1answer
71 views

Shin of tefillin mentioned in the Gemara originally a reference to the division of the compartments of the Shel Rosh?

The source for [at least one of] the Shins on the tefillah shel rosh is the Gemara (b.Menahoth 35a): ואמר אביי שי"ן של תפילין הלכה למשה מסיני וצריך שיגיע חריץ למקום התפר רב דימי מנהרדעא אמר כיון ...
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0answers
54 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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0answers
26 views

Codifying in a variant-text based machlokes

The בית חדש in O.C. 168 writes the following: אלא דלהלכה ודאי במידי דתליא בגירסאות אזלינן לחומרא הכי והכי In something which is dependent on variant texts we are stringent in both directions. ...
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0answers
38 views

End Time For Sacrificial Offerings

The verse states, in Exodus 12:10, regarding the eating of the Paschal Offering: וְלֹֽא־תוֹתִ֥ירוּ מִמֶּ֖נּוּ עַד־בֹּ֑קֶר וְהַנֹּתָ֥ר מִמֶּ֛נּוּ עַד־בֹּ֖קֶר בָּאֵ֥שׁ תִּשְׂרֹֽפוּ׃ Do not ...
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0answers
36 views

Are separate stainless steel and aluminum dishes really required? [duplicate]

I can understand the need for separate cast iron dishes and raw pottery dishes for meat and dairy, but is stainless steel and aluminum really required according to halakha? Pottery (klei heres) is ...
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69 views

Does Rav Sa`adya Gaon hold that t'philin require one b'rakha or two?

I see in the Sidur HaRasa"g that he makes a seemingly strange comment about the b'rakha(oth) of t'philin. He states: התפילין כשמהדקים של היד על היד ושל ראש על הראש צריך לברך אקבמ"ו להניח תפילין ...
2
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1answer
43 views

Can one use terumah to light a stove?

In Pesachim 23a, the gemara (in the name of Rav Papa) derives from Numbers 18:27 that the prohibition of terumah to non-priests only applies to eating and drinking, but not to other forms of ...
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0answers
81 views

How does one 'learn' how to paskin?

When a person goes through smicha (in order to become a Rabbi) they learn (at least) the laws of kashrus. Depending on the program this can include more or less amounts of information (more or less ...
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0answers
37 views

Why is it the halocho (law) that persuading others to give is greater than giving?

Chazal say, "Gadol hame’aseh yosair min ha’oseh," "the one causing others to give tzedakah is greater than the person giving the tzedakah" (Bava Basra 9a). The Shulchan Oruch YD 249 (5) brings this ...
2
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0answers
112 views

What are the parameters of 'minhag yisrael'?

I went to a non-Jewish self-catering apartment and I was discussing with my friend whether we can use the utensils or not. Of course, if they are clean and used for cold there are no problems. We ...
2
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0answers
55 views

What if the non-Jew who owns the chametz dies? [duplicate]

What happens if the non-Jew who the chametz was sold to on Pesach dies? If he has a will, then the chametz would be passed on to someone else, and we could try to buy it back from him. However, if ...