Questions about theoretical issues about psak and general halacha concepts

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8
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4answers
64 views

Why can't we distribute mitzvah obligations around the community?

How do we know from the Torah that it would not be sufficient just to have some people doing davening, others doing negel vasser, others doing tzitzit, others doing chachnosas kallah, others doing ...
3
votes
0answers
19 views

logic behind kol kavua k'mechtza al mechtze

there is a principle in halacha regarding doubts that if something is separated from a kavua (fixed place) it is treated as 50/50% chance even if the permitted is the majority. but if it is found in ...
1
vote
1answer
27 views

Did the Ramban say that mitzvos d'Rabbanan are only obligatory in the Land of Israel?

I've heard (maybe seen also?) that the Ramban (Rav Moshe ben Nachman, Nachmanides) said that Rabbincal Commands are only obligatory while in the Land of Israel. Is this true? (If so) Where is it ...
4
votes
0answers
31 views

Practical עשה דוחה לא תעשה

There are a few examples frequently offered for the rule "עשה דוחה לא תעשה": Someone whose garment has four corners and linen can nonetheless put wool tzitzis on it. This is unlikely nowadays, when ...
9
votes
3answers
105 views

Why does “aseh doche lo saaseh”?

There is a halachic principle that עשה דוחה לא תעשה - when a positive and negative mitzvah conflict, we obey the positive one. The Talmud learns this out of pesukim, but what is the ...
12
votes
1answer
257 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 ...
4
votes
1answer
74 views

Is there a difference between “Patur” and “Eino Chayiv”

When the Gemarah tells us that a Suma (a blind person) is "Patur" from Mitzvot, does that mean to say that he is completely outside the realm of Mitzvot, and will get no reward for doing them, or does ...
6
votes
2answers
62 views

Malbim on “Eilu v Eilu”

I recently came across the following quote of the Malbim on the topic of אלו ואלו דברי אלוקים חיים: רק עד חתימת התלמוד (:מלבי"ם על הש"ס עירובין יג) That seems to be a pretty unique ...
0
votes
1answer
32 views

Adding Honey to Wine and Rules of Yayin Nesach

There is a responsum of the Rambam that brings down the following custom that was done by the great sages, and done by himself personally. RAMBAM’S RESPONSA, 269 שאלה בדבר השתייה על מיני זמר ...
2
votes
1answer
118 views

Praying in a mosque that used to be a church?

So I understand that it is NOT permitted to pray in a church building. I also understand that it IS permitted for a Jew to pray inside an Islamic masjid (pop., "mosque"). According to halakhah ...
3
votes
1answer
50 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 ...
1
vote
1answer
39 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?
2
votes
2answers
27 views

How to understand the word zakai (exempt)?

Is the word zakai (exempt) (as opposed to hiav, guilty) different from the word mutar (permitted) or the word patur (actually a phrase, patur aval assur, without penalty but prohibited)? If so, how ...
8
votes
5answers
196 views

Waiting Between Meat & Dairy According To The Geonim

It seems as though the Geonim - although disparate and diverse in their opinions on many issues - seem to be rather united on the understanding of the Gemara on the subject of waiting after meat ...
1
vote
1answer
95 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
2answers
100 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?
5
votes
2answers
78 views

Parameters of “kalus rosh”

What is the definition of kalus rosh? What are the halachos of kalus rosh and where do they apply?
3
votes
1answer
121 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 ...
0
votes
1answer
92 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, ...
20
votes
17answers
728 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 ...
11
votes
2answers
176 views

Binding answers for Halachic questions

I recall learning that one is not allowed to "venue shop" by asking a series of rabbis for a practical halachic ruling and following the opinion you like. I was taught that one should ask and be bound ...
5
votes
0answers
30 views

Losing concentration in the middle of a berakhah arukhah

It is a fact that all berakhoth require kawwanah (le-khatehhilah). However there are berakhoth for which kawwanah is me'aqqev - and it is this type of berakhah that is the primary subject of this ...
5
votes
1answer
78 views

How to answer practical questions on the street

I don't know how common this is, but I've occasionally been approached on the street by regular people whom I do not know (who presumably make the assumption that since I wear a kippah, I'm a rabbi) ...
8
votes
1answer
802 views

What if the Kohen Gadol accidentally kills someone?

An ordinary person who accidentally kills someone has to go to an Ir Miklat (city of refuge) until the Kohen Gadol dies. But what if it's the Kohen Gadol himself who accidentally kills? He would ...
1
vote
3answers
214 views

Is one allowed to be Machmir against a psak?

The Halacha follows Rabbi Yehoshua that a Mamzer is only if one marries an Erva that is Chayav Kares. The Halacha follows the opinion that the descendants of a non-Jew living with a Jewess are ...
0
votes
3answers
58 views

Can one Shecht with a Wire

Can one ritually slaughter with a wire? Why or why not? The Talmud says that any implement may be used, so according to that a wire would be fine. Are there any technical problems that would ...
4
votes
0answers
45 views

Is it forbidden to teach Torah to non-Jews on Mi Yodeya? [duplicate]

I have noticed that many Christians and Messianics post questions on Mi Yodeya and I'm wondering if the prohibition of teaching the Torah to non-Jews would apply in a forum like this or if it only ...
4
votes
5answers
399 views

Using money on Shabbat

It is a thoroughly well-known feature of the halakha that one may not use money on Shabbat, and there are maybe a dozen questions on this website alone that seem to presuppose familiarity with that ...
2
votes
3answers
416 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
votes
4answers
659 views

Is it permissible to cheat at board games?

Board games have absolutely no value - there is nothing won and nothing lost. In such a situation is it permissible according to halakhah to cheat? I am asking, not to find a reason to be deceitful ...
6
votes
1answer
85 views

Is it allowed to tie tzitzit using a cow hitch?

Would it be permitted to attach tzitziyot using a cow hitch (a way of attaching a rope or lead without use of a knot - pictured below), in order to be able to remove them before washing a garment so ...
1
vote
2answers
98 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 ...
2
votes
1answer
35 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
votes
2answers
79 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?
0
votes
1answer
66 views

Ein Halakha K'niflag

This article cites a principle in the name of R. Saadya Gaon and Rambam that אין הלכה כנפלג. He cites כתבים לגר"י קאפח, ח"ב עמ' 557. Where can this be found in the writings of the Geonim or Rambam? ...
6
votes
2answers
296 views

How can all the great rabbis' practices be accepted by Hashem? [duplicate]

This may seem like a child's question, but it's one I never thought to ask as a child, so I never learned the answer. Rabbinic traditions — even within continuous geographical lineages amongst ...
5
votes
3answers
137 views

Is “pikuach nefesh” on shabbos “hutrah” or “dichuya”?

Whenever two mitzvos come into conflict with each other, and one is given precedence over the other (such as in the case of מילה on Shabbos, or any עשה דוחה לא תעשה), there is usually discussion over ...
5
votes
1answer
59 views

What's the source that worldwide acceptance of psak makes it binding forever?

The Rambam writes in the introduction to Mishna Torah נמצא רבינא ורב אשי וחבריהם, סוף גדולי חכמי ישראל המעתיקים תורה שבעל פה, ושגזרו גזירות והתקינו תקנות והנהיגו מנהגות ופשטו גזירותם ותקנותם ...
6
votes
2answers
101 views

Halacha when mashiah has come

We pray for mashiah to come. After mashiah has arrived, are those prayers eliminated or changed? Also, will Halacha itself be changed or eliminated?
2
votes
4answers
300 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
vote
0answers
19 views

What happens when food or vessels or a tent become Tumeh? Do they transmite Tumeh to others? [closed]

What are the ramifications of vessels of food that become tumah? What happens if some one eats Tumeh foods or touches a vessel or article of clothing or tent that is tumeh? Do these things transmit ...
-2
votes
1answer
40 views

Differences in psak

Why do we learn Gemara, where each opinion gets equal weight and the strongest opinion wins, and we are thus taught not to be peti, but to only accept a true answer, while today, its enough that one ...
2
votes
1answer
100 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 ...
4
votes
1answer
99 views

picking and choosing halachic rulings

I have heard many times from Rabbinim and in lectures that to pick and choose rulings is forbidden. I would like a halachic source for this. I can understand that one should be consistent, but if one ...
1
vote
1answer
63 views

Is Warhammer (and similar games) an issue of avoda zara?

Are tabletop wargames, such was Warhammer, Warhammer 40K, and Kings of War an issue of avoda zara? To play the game you first have to purchase miniature figures of different races. Some are human, ...
0
votes
0answers
37 views

why is Birkat Hamazon said after eating just a small piece of bread?

Berakhot 21a:8-9: Whence is it that Grace after meals is ordained by the Torah? As it is said, "And thou shalt eat and be satisfied and bless the Lord thy God" (Deut. viii. 10). The verse ...
1
vote
1answer
47 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 ...
4
votes
1answer
56 views

What is considered a picture for not davening in front of it

I heard that you can't daven in front of a picture What does this included? A mogen Dovid? A flag of israel? A lion? What if it is part of the paroiches or Aron kodesh .... Similar Davening in ...
19
votes
4answers
2k views

Why are Shabbat loopholes a good thing?

I'm not Jewish but do know that strict observance of religious laws is important in Judaism. I recently visited one of our suppliers in Israel and the hotel and office block had sabbath elevators. ...
1
vote
1answer
80 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 ...