Questions about theoretical issues about psak and general halacha concepts

learn more… | top users | synonyms (3)

4
votes
0answers
113 views

What constitutes a “Hesped” (eulogy)?

There are certain dates throughout the year when one may not give a "Hesped" (eulogy) because of a certain level of happiness associated with those dates. However, I've attended funerals conducted on ...
4
votes
0answers
297 views

Why is wine poured by a non-Jew forbidden?

The S"A 125:1 (YD) states that a non-Jew pouring non-Mevushal wine makes (at least) that wine unfit, but other than citing earlier authorities (maybe, I can't figure that part out) he doesn't give a ...
4
votes
2answers
91 views

Arba Misos- 1 Mitzvah or 4?

Tosfos on Makos 2a (Kol Hazomemin) brings a Tosefta which says that if you can't give someone their destined Arba Misos (meaning the one their Aveira warranted), you can give them a different one, ...
3
votes
2answers
332 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 ...
3
votes
2answers
193 views

How do you go from the Talmud to Halacha Lemaasah?

What is the process involved for figuring out the halacha of today based on something written in the Talmud? Basically, what does a modern day posek do starting from the Talmud to reach a halacha he ...
3
votes
5answers
272 views

Saying Rishonim or Achronim were “wrong”

People are very careful (and rightfully so) to say when they don't understand the words of the Achronim or Rishonim to not say they are/were "wrong". But rather to say "I don't understand what he ...
3
votes
2answers
127 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 ...
3
votes
2answers
260 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 ...
3
votes
1answer
247 views

Once a Jew, always a Jew?

I keep hearing all these critical remarks from orthodox Jews about what we should and should not do. Then I hear the Rabbi from time to time give a speech where he reiterates "Once a Jew, always a Jew"...
3
votes
3answers
192 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 ...
3
votes
1answer
102 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
votes
1answer
215 views

Why is asking a non-Jew to turn on electric lights considered amira l'nochri?

Given that practically all poskim accept R' Shlomo Zalmen's view that electricity is d'rabbanan over the Chazon ish, I would think that a Jew could simply ask a non-Jew to turn on/off lights on ...
3
votes
2answers
68 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
votes
1answer
97 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 [wearing]...
3
votes
1answer
47 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 ...
3
votes
2answers
65 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. ...
3
votes
1answer
69 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 ...
3
votes
1answer
343 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
votes
1answer
71 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, ...
3
votes
2answers
39 views

Relative status of biblical and rabbinic transgressions

In the opening chapter of Sefer Tanya, the rebbe notes that failure to perform a positive biblical commandment is worse than performing a rabbinic transgression. In his words: “Even one who ...
3
votes
2answers
171 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 ...
3
votes
1answer
104 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 ...
3
votes
1answer
188 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 it,...
3
votes
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 ...
3
votes
1answer
59 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?
3
votes
1answer
195 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
votes
3answers
705 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, ...
3
votes
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 ...
3
votes
2answers
340 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 ...
3
votes
1answer
113 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 (...
3
votes
1answer
77 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
votes
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
votes
1answer
61 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 ...
3
votes
1answer
149 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 ...
3
votes
1answer
313 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, ...
3
votes
1answer
203 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 ...
3
votes
1answer
121 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, ...
3
votes
1answer
83 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 ...
3
votes
3answers
134 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 ...
3
votes
1answer
104 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
votes
2answers
99 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
votes
1answer
218 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
votes
1answer
125 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
votes
1answer
80 views

Placing Tefillin on the floor

I've been taught since little that one can't place a pair of Tefillins on the floor, and that one must carefully avoid not dropping them. But what is considered being on the floor? For example, can I ...
3
votes
0answers
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?
3
votes
0answers
49 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.
3
votes
0answers
130 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
votes
0answers
33 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
votes
0answers
56 views

Determining Normative Halacha

I don't really understand the process for establishing what "the halacha" is in a particular case. I know that there are rules in the talmud to decide whom the halacha follows when there are ...
3
votes
2answers
80 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 ...