Questions about theoretical issues about psak and general halacha concepts

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3
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1answer
98 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
94 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, ...
3
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1answer
201 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
120 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?
3
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93 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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21 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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2answers
70 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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86 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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46 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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117 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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41 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
378 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
294 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
126 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
118 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
111 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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4answers
296 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
200 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
126 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
109 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
75 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 ...
2
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1answer
70 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
77 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
62 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
493 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
97 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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2answers
64 views

Is rape considered yehareig v'al yaavor?

Since Deut. 22:25-26 equates rape with murder, would a man be required to give up his life rather than commit rape?
2
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1answer
64 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
37 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
124 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
123 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
281 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
104 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
68 views

Is Halacha a system of Civil Law or Common Law?

I often see halacha paskened differently between rabbis. Sometimes, a rabbi will cite a rabbinic opinion made by an aharon and other times a rabbi will cite the Talmud, Shulchan Aruch, or Mishneh ...
2
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1answer
53 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
75 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
votes
1answer
55 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
61 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
73 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
163 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
85 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
28 views

What is the rationale behind tashlumin?

I understand that according to Masechet Brachot and the normative halacha, in certain cases, one who unintentionally missed saying a prayer service may "make up" that service by reciting the Shmoneh ...
2
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1answer
115 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
87 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 ...
2
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1answer
40 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
126 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
172 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
149 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 ...