Questions about theoretical issues about psak and general halacha concepts
0
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2answers
57 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 ...
8
votes
3answers
216 views
Why has the Mishnah Berurah become the Authoritative Halachik Work instead of the Aruch haShulchan?
Hirhurim just had a post about this topic, where he discussed some reasons that people should follow the aruch haShulchan. Yet in many circles, people just follow the Mishna Berura and rarely even ...
4
votes
1answer
57 views
Why is the Shulchan Aruch definitive?
Why do we (almost all Jews) consider the Shulchan Arukh, not written until the 16th century, to be the final word on halakha?
Our halakha is derived from Torah Shebikhtav and She'be'al Peh. SA ...
14
votes
9answers
289 views
SE Challenge: Halachot in which rulings range from permissible to Torah violation?
Inspired by my previous question regarding heating up soup on Shabbat, I present a challenge to the Judaism StackExchange community --
List halachot which have halachic decisions ranging from ...
3
votes
0answers
38 views
Flying on Shabbos
Would I be able to get on a direct flight that leaves Friday afternoon and lands on Motzei Shabbos?
How would this be different from getting on a boat before Shabbos and getting off the boat at your ...
5
votes
4answers
358 views
Why don't we just follow the shittah of Moshe Rabeinu?
My question can apply to virtually all mitzvos where there is a disagreement in the standard way to fulfill them.
If one reads the hakdama (introduction) to the Rambam's peirush mishnayos (commentary ...
5
votes
1answer
88 views
are bionic abilities legal for shabbos
Today the world is high in technology; many medical fields are experiencing breakthroughs in artificial limbs and what not.
What are the legalities of these in Jewish law?
For example, a pace maker ...
3
votes
3answers
226 views
Was Rambam affected by Islam?
Was Rambam's philosophy affected in any way by Islamic culture or religion? If so, could that influence have influenced his interpretation of halacha?
This question is inspired by an ongoing ...
0
votes
2answers
60 views
Keeping up with “local” standards of dress - of religious Jews, or of society at large
In dealing with issues relating to Tzeni'uth (modesty), a lot depends on "local" standards of dress. For example, the RaMBa"M (here) explains that in places where women do not normally go out with ...
0
votes
1answer
47 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 ...
9
votes
1answer
183 views
What determines the sorts of cases in which one can deliberately not know the facts?
Halacha depends on the facts of a situation. Generally, when one cannot know the exact facts, he is expected to assume that they are as usual (rov), or as they were when last checked (chazaka). When ...
6
votes
1answer
125 views
Origin of the nine days
I just learned a gemara (taanit 30a) that seems to pretty clearly state that the mourning for tisha b'av starts the beginning of the week that tisha b'av falls out on, and ends with tisha b'av itself.
...
4
votes
0answers
29 views
How do you weigh authority in halacha?
Are there any hard and fast rules as to how to assign relative importance of one authority over another in formulating a psak halacha? For example if the Rambam and the Rashba argue over a specific ...
2
votes
0answers
21 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 ...
6
votes
1answer
223 views
Woman wearing her husband's comfortable clothing
Is there any printed discussion about a woman wearing her husband's comfortable clothing?
While there is an Isur for a woman to wear a man's clothing, I've read in several places that this is about a ...
2
votes
1answer
213 views
Why are people going back to paskining like the Rambam?
I have heard personally (and seen in chat) people (who are not Teimanim [for whom there is a tradition to rule like the Rambam]) ruling like the Rambam. I have heard that he has the authentic ...
0
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0answers
31 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 ...
3
votes
0answers
32 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 ...
8
votes
2answers
277 views
What are the sources of Jewish law?
What are the sources for the Jewish law or "Halacha"? Is there any priority among these sources? In common practice, when a law is described, is the citation given form the main sources or derived ...
4
votes
3answers
85 views
Honoring parental requests that don't benefit the parents
If one's parents ask him to do something that is not beneficial to the parents in any way whatsoever (though not harmful to the parents, the child, or anyone else, either), is he nonetheless obligated ...
4
votes
0answers
49 views
Is there a stated freedom to contract?
In the United States (and other countries), there is the notion of the freedom to contract. This is the idea that two people of sound mind have the right to enter into any contract with one another ...
2
votes
1answer
37 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 ...
4
votes
2answers
66 views
When should one change one's Minhag with one's Makom (and when should one not)?
I know there are conflicting views on certain issues relating to following a local custom vs. one's family custom. However, what are the general concepts that are applied in determining the Halachah?
...
0
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0answers
62 views
What is so special about the 613 mitzvos?
There are arguments in the Rishonim about what the 613 mitzvos are. But even if you hold something's not part of the 613, it's still a mitzva, so what's so special if it is part of the 613?
1
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0answers
104 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 ...
1
vote
0answers
55 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 ...
3
votes
3answers
95 views
Saying Rishonim or Achronim were “wrong”
Pepole 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 ...
2
votes
0answers
40 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 ...
1
vote
1answer
54 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
2answers
131 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 ...
2
votes
2answers
136 views
Why don't we just make our chametz ownerless?
I'm trying to understand the "legal fiction" wherein we declare any chometz we have as ownerless like the dust of the earth. Is this halachically acceptable? How can a person declare something in his ...
1
vote
0answers
60 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.
...
4
votes
2answers
88 views
Pinchas and Halacha In Front Of One's Rabbi
The Gemara in Eiruvin 63a,b learns that one is not allowed to paskin a halachah in front of one's Rebbi.
Multiple examples and details are brought. In particular, Elazar haKohen taught the soldiers ...
2
votes
1answer
72 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 ...
4
votes
0answers
56 views
Following the stringencies of different opinions
There is a tangential discussion in 'Eruvin, Daf 6b-7a about whether or not we can take the stringencies of two conflicting opinions. The Gemara seems adamant that we cannot, though there are examples ...
10
votes
2answers
158 views
Why is precedent set by individual rabbis, not courts?
The headline on this obituary for R' Eliyashiv ("A One Man Supreme Court") got me thinking - why do we invest so much power in precedents set by individual rabbis, as great as they may be, but not in ...
4
votes
1answer
79 views
Legitimacy of selling חמץ
What are the arguments for and against the now-widespread practice of selling חמץ prior to פסח?
11
votes
3answers
239 views
Limits to Dina Dmalchusa Dina
What are the specifications of Dina Dimalchusah? A more targeted question to answer would be: If I ripped off the label of my mattress — the label that says its removal is punishable by federal ...
-2
votes
1answer
347 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 ...
2
votes
1answer
49 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 ...
7
votes
2answers
87 views
What makes something “worthy of being honored”?
When a piece of meat is in a mixture that should nullify it, we don't consider it nullified if it is ראוי להתכבד, or "worthy of being honored", something you would serve to a guest. Is there some kind ...
2
votes
1answer
61 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 ...
-1
votes
1answer
41 views
Commandments on emotions [duplicate]
I can understand if the Torah commands one to wear tefilin or put on a mezuza.
But to command a person not to hate anyone, not to covet anything of anyone, not to bear a grudge, love your fellow as ...
3
votes
1answer
118 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, ...
9
votes
3answers
205 views
Halachic authority of books
To what extent do books on Halachah have authority? I was taught that the Gemara was "closed" and may no longer be challenged in terms of its Halachic authority. To what extent is this authority ...
3
votes
1answer
109 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 ...
4
votes
2answers
108 views
Is there a p'sak when dealing with de'os?
I was wondering if the idea of paskening applies to the de'os area of Torah.
As an example there is a machlokes rishonim how to view Chazal's relationship with the science they relied on to pasken ...
4
votes
0answers
83 views
Ashkanazim paskening like Rema
Was it always a straightforward presumption ("davar pashut") that in general the Ashkanazim should decide Halachic questions ("pasken") in accordance with the Rema over the Machaber/Beis Yosef (when ...
11
votes
3answers
290 views
When do rabbinic enactments apply if the given reason no longer does?
Often we find gezeiros d'rabbanan designed as preventative measures against more serious transgressions.
However, if nowadays the reasoning behind the gezeira does not apply, it seems that sometimes ...
4
votes
1answer
70 views
Where Does the Talmud Teach Not to Learn Halacha From Observation of Teachers?
Back when I was learning Daf Yomi, I ran into an interesting lesson I'm finding difficult to find again. It was a teaching that one should learn halacha from your rebbe's teachings and not through ...
