Questions about theoretical issues about psak and general halacha concepts

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2
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1answer
90 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
256 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
98 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
45 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
70 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
57 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
157 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
81 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
75 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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2answers
109 views

Why bother with forcing the Get?

According to the discussion here as elaborated in the link, a forced Get as a Halachic matter (the opinion paskened in Shulchan Aruch), is simply that the Chachamim retroactively revoke the Kiddushin. ...
2
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1answer
38 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
157 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
94 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
135 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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1answer
39 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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0answers
52 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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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. ...
2
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0answers
37 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 ...
2
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0answers
35 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 ...
2
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68 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
39 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 ...
2
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0answers
78 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 ...
2
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0answers
31 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
101 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
48 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 ...
2
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0answers
87 views

Who should observe Isru Chag?

I have been trying to understand Isru Chag. While there is a source in tehillim for the words and the gemara derives a notion of extra celebration, there seems to be little about the scope of the day. ...
2
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0answers
135 views

How did the modern day Beis Hora'ah phenomenon develop?

Here in Eretz Yisrael, we find Batei Hora'ah in many cities - places where a moreh hora'ah sits either during special times or perhaps the whole day or different rabbonim throughout the day answering ...
2
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1answer
167 views

Anti-libertarian-ism in Chazal

Most of the halachos of Choshen Mishpat have to do with one person's responsibilities viz-a-viz another person's rights. However, there is at least one halacha of which I am aware where Chazal told ...
2
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1answer
80 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). ...
1
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3answers
275 views

Authenticity and authority of Oral tradition

Is there a methodology used in Judaism to authenticate traditions (that it orginated from person to whom it is attributed) and deem it halacha or a correct position? For example, Muslims have what ...
1
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2answers
129 views

Why not dump the ashes of the para aduma into a huge body of water?

The way I understand it one of the reasons we no longer have the ashes of the para aduma to purify people is because they were used up. I'd like to know if it would have been theoretically possible ...
1
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2answers
265 views

Is failure to observe an impossible law absolved implicitly?

The Jewish Encyclopedia has an article about ceremonial law which says (emphasis mine): The issue between Reform and Orthodoxy hinges chiefly upon the view taken of the ceremonial law; the ...
1
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1answer
399 views

I suspect I must do something, but don't want to. Must I check into the halacha?

I'm sometimes in a situation where, if I do nothing, I'll benefit. But I suspect Jewish law may actually require me to take action that will prevent the benefit. I'm not sure if I should ask my ...
1
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2answers
207 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 ...
1
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1answer
76 views

Subjectivity in Halacha

I'm learning the Sugya of pas haba'ah b'kisnin. This seems like an extraordinary area of Halacha, because the beracha on this type of food is entirely subjective, based on what others would be koveah ...
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1answer
88 views

Allowing the forbidden for the sake of a Mitzvah

There are a few mitzvot which are effected through the use of that which is specifically forbidden. The first two examples are of tzitzit being made from shatnez and the mei sotah being infused with ...
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1answer
92 views

Hunting in Judaism

Hunting is generally frowned on in Judaism, and hunting for sport is especially frowned on. However, as hunting is not completely assur, I had the following question: how exactly would a Jew hunt? ...
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1answer
74 views

Rambam, Maaseh Merchava and Maaseh Bereishis

The Rambam writes in Hilchos Yisodei HaTorah at the end of Chapter 2: ב,טז [יא] דברים אלו שאמרנו בעניין זה בשני פרקים אלו, כמו טיפה מן הים הן ממה שצריך לבאר בעניין זה. וביאור כל העיקרים שבשני ...
1
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1answer
89 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 ...
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2answers
144 views

“Wrong” Berachoth exempting foods

'Al HaMihyah exempts 'Al Ha'Gefen, at least if it was said after eating grain products and grape juice/wine. Is this unique to this case, or is there a broader principle? Can a less specific ...
1
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1answer
25 views

What's unique about the book Eglei Tal?

The book Eglei Tal was written by Rabbi Avrohom Bornsztain and deals with the 39 melachos of Shabbos. I was wondering what about this particular book is unique? Why would a person learn this as ...
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0answers
21 views

“Jewish Philosophy” defined by halacha

I have heard the idea that the halacha (and the boundaries it creates) provide the basic premises with which our worldview and basic (philosophical/conceptual) understanding of the Torah is created. ...
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0answers
28 views

Psak halacha from a havah amina in the Gemara

The Gemara will often begin a sugya with an initial understanding (havah aminah) of a mishnah or halacha and as the Gemara continues will change until it reaches the maskanah. Often, the maskana will ...
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0answers
21 views

Halachically, is one person ever bound by the intent of another?

In masechet shevuot, 41b, the gemara discusses a case of a loan as follows (h/t dafyomi.co.il) Levi lent Yehudah, and told him 'repay me in front of two witnesses who learn Halachah. Yehudah ...
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0answers
42 views

D’oraita Sources for Halacha

We often see that the author of a p'sak maintains that a ruling is d’oraita even in cases when there is no link to any of the 613 mitzvot listed by Rambam, etc. Must every halacha ruled as a d’oraita ...
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0answers
58 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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0answers
50 views

Nature of rabbinic and biblical prohibitions and their subcategories

While learning Mishna, I frequently come across distinctions between different levels of prohibitions, as well as allusions to sub-categories within those prohibitions. So, for example, there are ...
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0answers
95 views

What is the Halachic difference if people are kosher or not?

The Ramban derives that people are kosher from the gemara in Kerisos (21a i think) That since the rabbis said that human milk is kosher using concept that anything that comes from kosher animal is ...