Questions about theoretical issues about psak and general halacha concepts
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 ...
6
votes
1answer
117 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.
...
5
votes
1answer
73 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 ...
5
votes
0answers
183 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 ...
4
votes
0answers
48 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 ...
4
votes
0answers
54 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 ...
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 ...
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 ...
3
votes
0answers
72 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 ...
3
votes
0answers
100 views
Why is wine poured by a non-Jew forbidden?
The S"A 125:1 (YD) states that a non-Jew pouring non-Mevushal wine makes (at least) that wine unfit, but other than citing earlier authorities (maybe, I can't figure that part out) he doesn't give a ...
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 ...
1
vote
0answers
52 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 ...
1
vote
0answers
59 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.
...
1
vote
0answers
41 views
Probing Minhag Avoseinu
As discussed in this question and the comments there, we know, based on Beitza 4b, that there is some halachically binding concept of minhag avoseinu b'yadeinu (the custom of our forbears is in our ...
1
vote
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
76 views
Extrapolating from individual responsa to form a general psak halacha
R' Tsvi Heber of the Kashruth Council of Canada writes:
Is it permitted to order whole fruit[34] or drink water in a non-kosher restaurant? If not, can one enter a non-kosher restaurant to use ...
0
votes
0answers
23 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 ...
0
votes
0answers
58 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?
0
votes
0answers
83 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 ...
