Tagged Questions

Questions about theoretical issues about psak and general halacha concepts

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Stam viYesh Halacha k'…?

This question is a followup to these comments When the Shulchan Aruch brings two opinions as to what the halacha in a given situation is, the first is brought without a name, and the second is ...
3
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2answers
30 views

Why are the laws of honoring parents in Hilchos Mamrim?

The Rambam places the laws of honoring parents in Hilchos Mamrim (5th and 6th chapters). Why there? What does כיבוד אב ואם have to do with Beis Din?
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Which takes precedence - dina d'malchuta or halacha? What about minhag yisrael?

A more practical ramification of Is a ban on government workers wearing religious symbols a gezeirat hamalchut for which one would be obligated to give up his life? If the law of the land (dina ...
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1answer
63 views

Is a ban on government workers wearing religious symbols a gezeirat hamalchut for which one would be obligated to give up his life?

So, i haven't heard that anyone today is making this punishable by death, but still... France has a law that prohibits government workers from wearing religious symbols on their job. This naturally ...
2
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1answer
25 views

Why did the people have to respond twice “It is sanctified” when Sanhedrin declared Rosh Hodesh?

Ramba"m (Maimonedes) Hilchot Kid. Hachodesh 2:8 says: Afterwards - i.e., after [the witnesses'] testimony is substantiated - the head of the court declares, "It has been sanctified." And all the ...
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1answer
31 views

Punishment for thoughts

I was wondering: 1a) Does halacha ever allow for someone to be punished by people (be'yedei adam) for a thought the person had? (I'm not sure how beis din or whoever would know about the person's ...
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0answers
34 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 ...
4
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1answer
59 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 ...
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1answer
61 views

Understanding a Fine Point in the Rambam's Laws of Yibbum

In MT, Hilkhot Yibbum veChalitzah 7:11, the Rambam presents the case of three brothers, two of whom are married to two sisters and the third of whom is married to an unrelated woman. In the event that ...
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1answer
127 views

Can I trust a random internet user?

Does the halacha of עד אחד נאמן באיסורין (a single witness is trusted in matters of prohibition) apply to a random internet users? If someone presents themselves as being a practicing Jew, can I take ...
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28 views

Does halacha forbid profanity? [duplicate]

This is obviously just for research sake. But what does halacha say about using profanity. Is it forbidden. Can it be used in times of emphasis and where is the line drawn for what is considered ...
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1answer
746 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 ...
2
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1answer
33 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 ...
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1answer
55 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 ...
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2answers
73 views

Is there any point where לשבת יצרה no longer applies?

Yeshaya 45:18 says: כי כה אמר יהוה בורא השמים הוא האלהים יצר הארץ ועשה הוא כוננה לא תהו בראה לשבת יצרה אני יהוה ואין עוד ... it (the world) was not created to be void, to be settled it was ...
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4answers
94 views

A Jew at heart?

I am a noahide and I wanted to get a few opinions on this somewhat controversial topic, I by no means intend to make this into an argument or challenge to Jewish law nor do I mean to proclaim myself ...
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21 views

מראית עין for חומרות within particular sects [duplicate]

מראית עין, in a broad definition, is "avoiding doing something that may raise suspicion that one violated halakha, or that someone may misinterpret, thus causing him to violate halacha". Does this ...
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1answer
27 views

Understanding the difference between shevus and gezeirah

I know that, in general, there is a difference in strictness between the two categories of protective measures, but am having difficulty in explaining the difference between the two.
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1answer
40 views

Safek De'Oraysa Le'Chumra

The classic example of safek de'oraysa le'chumra is when there is an agreement that a de'oraysa exists but there is a debate as to which cases constitute the de'oraysa. In such a debate we paskin ...
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Psak halacha from a havah amina in the Gemara

The Gemara will often begin a sugya with an initial understanding (havah aminah) of a mishnah or halacha and as the Gemara continues will change until it reaches the maskanah. Often, the maskana will ...
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1answer
87 views

Will reading Questions and Answers on Mi Yodeya gain a Jew entrance into Olam Haba?

"One who learns Halachos every day is a Ben Olam Haba" (Babylonian Talmud Niddah 73a) If a Jew reads the halachic questions and answers on this forum everyday, does that guarantee he or she will ...
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4answers
1k views

Why is a woman allowed to get pregnant?

This should be taken as a bit of a light hearted question (but not a Purim Torah by any means, I am looking for a real analysis), inspired by a discussion in chat. Why is a woman allowed to get ...
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1answer
47 views

Are “Mitzva” and “Halacha” synonyms?

For the longest time, I've always treated them like synonym. Now, thinking back, I think I might actually be wrong. For a moment, I thought that a mitzva only referred to mitzvot d'oreita, but there ...
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0answers
76 views

What to do when the Rabbi is on vacation

If a person has one Rabbi to whom they ask all of their questions, and that person is unreachable, for whatever reason, and an urgent, time-sensitive question arises, what should their course of ...
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0answers
41 views

CYLOR and Mesorah

Assume that someone has a she'elah, however their local rabbi does not follow their mesorah. How would one approach the issue of a psak? For example, let's say my LOR is a Chabad shaliach and I need ...
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1answer
83 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? ...
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0answers
21 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 ...
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2answers
58 views

Parameters of “kalus rosh”

What is the definition of kalus rosh? What are the halachos of kalus rosh and where do they apply?
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2answers
107 views

Why bother with forcing the Get?

According to the discussion here as elaborated in the link, a forced Get as a Halachic matter (the opinion paskened in Shulchan Aruch), is simply that the Chachamim retroactively revoke the Kiddushin. ...
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2answers
165 views

Are “Halacha To Moses from Sinai” Undisputed?

I was listening to a lecture in my synagogue in which it was mentioned ( correctly or incorrectly - I don't know ) that a הלכה למשה מסיני - Halach to Moses from Sinai is a law that has never been ...
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1answer
38 views

Is the timing of Mitzvot more intentional or more extentional?

This question is inspired by: Halakhic International Date Line issues I was reading the answers, or actually the source quotations, and realized that the answer to the questions about ...
3
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1answer
96 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 ...
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49 views

Is the blood of a non-Kosher animal forbidden because of וכל דם לא תאכלו

Inspired by a recent chat discussion related to this question. Does the prohibition of וכל דם לא תאכלו - not eating blood - apply to non-Kosher animals? The Rambam writes: ודבר מפורש בתורה שאינו ...
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2answers
181 views

Why don't some do yibum today, l'chatchilah?

According to the Mishna (Bechorot 1:7) the reason not to perform yibum nowadays is people don't have intention l'shem mitzva when performing yibum. Firstly I would like to know if there are any other ...
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3answers
189 views

At what point do we reject a minhag?

I was learning the halachos of berachos on things that are ground up, and it seemed pretty clear to me that the blessing on chocolate should be ha'etz. I found discussion in some more contemporary ...
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1answer
71 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 ...
5
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1answer
280 views

What defines an Almana?

I was learning with a Rabbi today and we came across the following question. An Almana, widow, is not allowed to be married to a Kohen Gadol (see Mishna Yevamos 9:2). However, what defines a widow? ...
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1answer
36 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 ...
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62 views

How to determine common practice for halachos that are impacted by it

Certain halachic issues are informed or even determined by the social standards of the (non-Jewish) society in which one lives. Examples include what falls under the prohibition of cross-dressing (see ...
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3answers
259 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 ...
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0answers
40 views

D’oraita Sources for Halacha

We often see that the author of a p'sak maintains that a ruling is d’oraita even in cases when there is no link to any of the 613 mitzvot listed by Rambam, etc. Must every halacha ruled as a d’oraita ...
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2answers
133 views

Schrödinger's cat and yibbum

Over Shabbos, the Shalosh Seudos discussion turned to the Monty Hall problem, which confused a lot of people [and which (#Humblebrag) I was able to clear up for them in under 30 seconds ;)]. Then, ...
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2answers
58 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. ...
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3answers
71 views

Does a wicked king of legitimate lineage have the full status of a king?

Does a wicked king - let's say he violates the "Big 3" - have any Halachic authority as a king? I am referring specifically to those laws which the king is theoretically entitled to enact, and which ...
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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. ...
3
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3answers
168 views

Can a person decide the Halacha (pasken) for him\herself?

Request for sources: Assuming one does not have semicha, (ordination) but is learned: Can one decide the Halacha for him\herself (after analyzing the issue and investigating the sources), or is one ...
5
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1answer
49 views

Medicines v. Spices on Shabbos

Medicines are forbidden on shabbos for the non-critically ill because in the old days, they had to be ground with a pestle beforehand. Must not spices also be ground? How come spices are not also ...
1
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1answer
39 views

How does Tum'ah (“Ritual Impurity”) work?

What are the mechanics by which Tum'ah works? How does one detect it, or diagnose someone as Tamei? Certain materials can contract and transfer Tum'ah. Why do these material do so, but others ...
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1answer
84 views

Authenticity of Halacha l'Moshe MiSinai

How do we know that a Halacha which is claimed to have been given to Moshe at Sinai actually was? Especially in cases where it seems to contradict the Written Torah given at Sinai? A Halacha ...
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4answers
178 views

Why does Halacha not follow the simple reading of the Biblical text?

There are many Halachot which appear to contradict explicit Biblical statements. For example, that an "Eye for an Eye" means monetary compensation. Why does Halacha not follow the simple reading of ...