Questions about theoretical issues about psak and general halacha concepts

learn more… | top users | synonyms (3)

2
votes
0answers
25 views

Interrupting a rabbinical mitzvah to perform a Biblical mitzvah [duplicate]

In general, one does not interrupt a mitzvah (with the exception of Torah study) in order to do another mitzvah. However, this answer, in its citation of the Ran, alludes to some complications of this ...
2
votes
0answers
33 views

Why do we refer to Chazal as a monolithic group?

In discussions of Torah, halacha, etc., people often say, "According to Chazal..." as though all the thousands of rabbis of an 800-year period spoke with one voice. But you almost never hear people ...
2
votes
2answers
73 views

חזקה מעיקרה vs ספק

I am in the middle of מחלוקת with someone as to, if I originally had a חזקה and now there's a ספק to whether that status is still true, whether I maintain that original status or my status changes to ...
2
votes
0answers
24 views

How does a chiyuv due to chinuch work? [closed]

We frequently see statements in halacha like "the minor's obligation to do the mitzva is only rabbinically imposed (mid'rabanan), because it's only because of chinuch (=the obligation to educate one's ...
2
votes
0answers
20 views

Can the shaliah tsibbur intend the hazarah to be his own tashlumin? [duplicate]

If someone was unable for some reason to daven shaharith and is thereby eligible to pray a make-up prayer (tashlumin) at Minhah, but then ends up being asked to be shaliah ssibbur when he gets to shul,...
2
votes
0answers
81 views

Game theory in the Tanaim

I read an article a while back (maybe over a year ago?) in the Mishpacha English Magazine (I'm pretty sure, although it may have been in the Ami) that discussed a certain machlokes Tanaim about how to ...
2
votes
0answers
26 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 ...
2
votes
0answers
27 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
votes
0answers
42 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
votes
0answers
39 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
votes
0answers
83 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
votes
1answer
52 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 enjoyment....
2
votes
0answers
106 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
votes
0answers
43 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
votes
0answers
147 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
votes
0answers
61 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
votes
0answers
136 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
votes
1answer
177 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
votes
1answer
87 views

Can one use an Eruv if the Rabbi who built it says its down?

If a Rav Hamachsheir of an Eruv, the Rabbi who built it and supervises its use, sends out a message that he holds that the Eruv is down because of a particular reason (reason X), and should not be ...
1
vote
3answers
307 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
vote
2answers
143 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
vote
2answers
281 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
vote
1answer
433 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
vote
3answers
771 views

Mah Nafshach - Is hair part of the human body or not?

Inspired by this answer, I'm curious. We hold that hair of a married woman is 'Ervah (ערוה). Yet it is not 'Ervah for an unmarried woman. According to the Gemara in Shabbath (Bab. 95a), braiding the ...
1
vote
2answers
67 views

Homeopathic or unscientific medicine on shabbos

On shabbos there is a rabbinic prohibition against doing many medicinal things. Is the whole requirement that he is doing it for medicine and that it looks medicinal, or must it actually be ...
1
vote
2answers
120 views

Why doesn't regular handwashing work for prayer and eating bread?

I know that the halakha requires n'ttilath yadhayim before the recitation of sh'ma, before t'phila, and before and after eating bread (cf. Hilkhoth B'rakhoth 6). And I also understand that n'ttilath ...
1
vote
1answer
70 views

In how many of the 613 mitzvot are women obligated?

Women are exempt from some of the 613 mitzvot. How many of the 613 mitzvot apply to women? Is there a list (or lists)? Online? (To clarify: Ignore other factors, such as geographic location; include ...
1
vote
1answer
74 views

Can later scholars make an issue of something that earlier scholars were not concerned about?

I know that this is a potentially broad subject but there seems to be a phenomenon where later generations of scholars (i.e. after the close of the Gemara; the Amoraim) come up with new halakhoth or ...
1
vote
3answers
132 views

What is the practical purpose of karpas?

I have had discussions with people who insist that karpas must be a small piece of diced vegetable (i.e. smaller than a ke-zayith le-Humrah), dipped in salt water, and nothing more. When I then ask ...
1
vote
1answer
91 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 ...
1
vote
2answers
144 views

Reshus Horabim Today?

The most lenient shita for a reshus horabim i have ever heard of is that 600,000 people must pass on the road EVERY day. Do any roads with daily CAPACITY for 600,000 people exist today? Do any roads ...
1
vote
1answer
64 views

Which Amoraim can argue on Tannaim?

I'v heard various opinions about which Amoraim can argue with Tannaim, ranging from any, to only Rav (Rabbi Abba). Which Amoras can argue with Tannas?
1
vote
1answer
112 views

Halachos that one should learn

A person wants to be proficient in halacha. 1) Should he learn halachos: a) that pertain to his fellow man? - I.e. Shemiras HaLoshon, Stealing or Ribis etc. b) or to his Creator? (I.e. Shabbos, ...
1
vote
1answer
115 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 ...
1
vote
1answer
43 views

Arising in the morning and baal t'shaktzu

Im learning about getting up in the morning and learned that one must wash their hands before anything else otherwise they will violate the prohibition of baal t'shaktzu? What is baal t'shaktzu?
1
vote
1answer
22 views

Audio Shiurim on Halacha Theory

While there are plenty of websites that are offering audio recordings on "what the halacha is," i haven't found any that help teach you how you as an individual can learn about the halachic process to ...
1
vote
1answer
156 views

why is flatulence forbidden in tefillin and during prayer

Why is flatulence forbidden in Tefillin and during prayer? Is it because partials of the feces get stuck to the body so now you do not have a clean body? or what?
1
vote
1answer
85 views

What are the philosophical implications behind g'zerah shavah?

I am wondering about G'zerah Shavah. It is a rule that I have a hard time accepting, at times. I am wondering what philosophical and theological implications this rule holds. If it is assumed to be a ...
1
vote
2answers
110 views

Seforim who write “not for Psak”

Whats the point of Sefarim who print Piskie Halacha and then they write not for Lemasshe-whats the point then?
1
vote
1answer
73 views

What was the Shita of the Rema

The beit yosef has a very clear Shita. There are 3 important poskim:rosh.,rif,and rambam. He goes after the majority of these Poskim in case of a machloket. When looking into the rema(darkei ...
1
vote
1answer
141 views

Disagreeing with one's rebbe

We all have Rabbeim that we ask questions to. Is one allowed to disagree with his rebbe if he feels that his rebbe's viewpoint is incorrect?
1
vote
1answer
178 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? ...
1
vote
1answer
89 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
vote
2answers
164 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
vote
0answers
38 views

Is this an effective means of being tested on Talmud [closed]

I'm in tenth grade and I'm concerned that the way we are tested Talmud in school is not effective. You see, we learn a small sugya of Gemara and then learn through a multitude of Rishonim and ...
1
vote
0answers
38 views

Zaken Mamrei vs. Par He'elem Davar

This past weekend I was reading through the Torah Temimah on Vayikra and a paradox occurred to me. The Zaken Mamre is specifically applied to one who is in a position of authority over a community. ...
1
vote
0answers
36 views

Tzitzis put on a borrowed garment that is later acquired. Take them off and reattach them?

From Torah Law, I need only put tzitzis on my own four-cornered garment. From Rabbinic Law, I need to attach tzitzis to a borrowed garment only after 30 consecutive days, see Oruch HaShulchan, O Ch ...
1
vote
0answers
60 views

Suicide to prevent Zombification

This is a serious question which deals with what is now a fictional construct, but one that has ramifications and which has been dealt with (in other situations) by halachic discussion such as this ...
1
vote
0answers
53 views

Machlokes Deoraisa vs Muttar - non-Jew vs Jew

If one Rav paskens somemthing is Asur Deoraisa and another Paskens totaly mutar, beshas hadechak is it better to get a non jew to do it or a jew whose rav holds its muttar? For example, if a certain ...
1
vote
0answers
16 views

Why does the shulchan aruch start with how to conduct one's self in the morning and not the night time? [duplicate]

The mishnah in brachos goes out of it's way to discuss why it stated with the night time shema b/c in the posuk it says when you lay down and when you rise up.. Why then when it comes to practical ...