Questions about theoretical issues about psak and general halacha concepts
19
votes
6answers
934 views
Why is it necessary to ask a Rabbi?
In various places on this site, including the FAQ, we have the following disclaimer:
Like Wikipedia, this site makes no guarantee of validity, and does not offer professional (particularly ...
17
votes
5answers
510 views
Halachic Restrictions not in the Torah, and “shall not add”
How can halachic restrictions that are not in the Torah be reconciled with the Deuteronomy 4:2 passage, which says, "Ye shall not add unto the word which I command you, neither shall ye diminish from ...
11
votes
3answers
310 views
Yerushalmi Versus Bavli in Halacha
The halacha we have today is mostly sourced in Talmud Bavli(the Babylonian Talmud),Medrash and Zohar. I would like to know what Halachot in which we rule according to the Yerushalmi (the Jerusalem ...
4
votes
4answers
340 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 ...
11
votes
3answers
363 views
Nose Job in Halacha
Is a nose job allowed Hallachicly? Not all cosmetic surgeries, but rhinoplasty in particular, as I heard that rhinoplasty is allowed because we see by a Kohen that having an abnormally long nose is a ...
11
votes
1answer
126 views
How big, and what exactly, is “Kedei Kelipah”?
{Kedei Kelipah is a term used in Kashruth for the amount of something that needs to be removed in order to allow one to treat the remnant as Kosher. (This only applies under certain conditions, which ...
11
votes
3answers
222 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 ...
8
votes
2answers
276 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 ...
12
votes
1answer
245 views
What is the meaning of psak?
I have asked many people this question, and not yet got a comprehensive answer: What is psak?
Like, let's say I have a certain piece of food of uncertain status. If I ask my 6 year old kid if it's ...
6
votes
8answers
417 views
Kabala in Halacha
Which of the major authors or codifiers of halacha. . .
a) refer directly to or quote from kabala in their legal discussions?
b) employ conclusions based only on kabala in their legal argumentation ...
12
votes
5answers
324 views
Can we argue with gedolim when we are sure that we are right?
I recently saw a teshuva by Rabbi Moshe Feinstein, Ohrach Chaim Volume 1 Teshuva 109, that quotes a letter from Rabbi Menashe Klein asking a question on Rabbi Moshe's psak but saying that he does not ...
9
votes
3answers
202 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 ...
6
votes
2answers
198 views
Maris Ayin when nobody knows you're Jewish
According to this answer, wearing a toupee without a kippa on top may pose a problem of maris ayin.
My question is: Suppose the toupee-wearer has no distinctive Jewish features other than wearing a ...
5
votes
1answer
122 views
What is the level of “Divrei Kabbalah”?
There are times in the Gemara that laws are derived from Psukim in Nach. They are called "Divrei Kabbalah".
What status do they have (are they considered like Torah Laws or like Rabbinic laws).
For ...
9
votes
1answer
173 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 ...
14
votes
7answers
243 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 ...
-1
votes
3answers
128 views
Would Israel's sibling nation do Yibbum?
If Klal Yisrael would all die, ch"v, then would Edom become obligated in Tora uMitzvot because of Yibbum? (because Jacob's/Israel's brother is Esav, Edom.) Or would chalitzah happen because no other ...
12
votes
2answers
222 views
Are Rabbeinu Tam's Tefillin really Rabbeinu Tam's Tefillin?
I once heard from a Sofer the shocking revelation that Rabbeinu Tam's Tefillin do not actually follow Rabbeinu Tam's opinion. Is that correct? Did I misunderstand? Are there any Soferim in our ...
8
votes
4answers
604 views
Who determines the kosher status of “new” foods?
Who determines the kosher status for "new" processed foods (e.g. Jell-O)? A few orthodox rabbis' approval? General consensus by the Jewish religious community? Certain kosher standards organizations? ...
5
votes
3answers
255 views
Source for the prohibition against Nivul Peh (foul mouth)
What is the source for the prohibition against Nivul Peh (using foul language)? Is it Biblical? Rabbinic? "Asmachta" (based on a principle derived from the Torah but ultimately not considered a ...
2
votes
2answers
134 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 ...
2
votes
0answers
112 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 ...
11
votes
3answers
285 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 ...
8
votes
3answers
201 views
What are the authoritative Jewish documents?
When I'm reading through answers on this site I often see users make references like -
Baba Batra 75A
Or
Chagiga 12A
I don't understand what these mean.
What are the documents that ...
7
votes
1answer
215 views
Bitul BeRov - the classic case in real life
In Halachah there's a tremendously powerful concept of Bitul BeRov (nullification among the majority). It goes like this:
If you have three identical pieces of meat, and you know for a fact that one ...
6
votes
1answer
214 views
When is a Minhag no longer a Minhag?
It can be all too easy for people to underestimate the halachic significance of minhagim (traditions/customs). While there are, as I understand it, a variety of halachic issues/differences of ...
3
votes
3answers
151 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 ...
1
vote
2answers
130 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 ...
9
votes
2answers
162 views
Eating outside of a Sukkah - Negative or Positive commandment?
On Sukkoth we are required to dwell in a Sukkah, which is generally minimally defined as at least eating our meals (which in turn is generally minimally defined as grain-based products) inside the ...
9
votes
1answer
120 views
Puk Chazi - Go and See
There is a concept from the Gemara referred to as "Puk Chazi", go and see (as I understand). What are the applications and qualifications of this idea? Does "Puk Chazi", i.e. noting what people ...
7
votes
1answer
92 views
Is the Haftarah a Minhag?
Is reading the Haftarah a Minhag?
I know that the practice was instituted when we couldn't publicly read torah, and then it was kept. Does that make it a Minhag?
7
votes
2answers
173 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 ...
6
votes
1answer
122 views
Zohar vs. Yerushalmi
M"B 25:42 makes it clear that we always follow Gemara over Zohar. And we similarly follow Bavli over Yerushalmi (as is clear from the Hirhurim article quoted in this related discussion).
However, do ...
5
votes
1answer
146 views
Lifnei 'Iver in public policy/business
How far does Lifnei 'Iver extend? Earlier versions of this question led to a good deal of speculation of how an individual should respond to issues of public policy and business that may be contrary ...
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?
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
47 views
Publisher prohibiting purchaser from sharing
Tradition articles are downloadable from the Tradition Online website, which prohibits further distribution of the materials. On each download page there is the following warning:
It is strictly ...
4
votes
2answers
101 views
What is the logical explanation for קם ליה בדרבה מיניה?
HodofHod:
"In essence, the idea is this:
If a person does one act, and with that one act incurs two different kinds of penalties, we only apply the stricter one. So if a person (for example) borrows a ...
4
votes
3answers
104 views
The concept of קם ליה בדרבה מיניה
I'm trying to understand this concept. I've Googled around and could't find any straightforward answers. I don't need too many details, just the explanation that's given in the Gemara (I understand ...
4
votes
2answers
145 views
What determines a Minhag?
How does a Minhag become a Minhag? More specific is it possible to enact new Minhagim in todays generation?
2
votes
1answer
70 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 ...
2
votes
1answer
89 views
What is the source for “the custom of our forefathers is in our hands”?
Where does "minhag avoseinu byadeinu" as a halachik concept, which is commonly cited as the source for keeping two days of yom tov outside of Israel, originate from?
1
vote
0answers
35 views
Marit ayin vs. Dan Lechaf zechut [duplicate]
Possible Duplicate:
“bad impression” vs “Judge your friend favorably”
Why does the prohibition of maris ayin apply when there is also a mitzvah of hevei dan es kol ...
