Questions about the theory of Talmud study or general Talmudic concepts. Also for questions about a particular line of Talmudic-style reasoning.
2
votes
1answer
40 views
Pesik Reshe & Melacha She'en Sarich LeGufa
What is the practical differnce between: Pesik Reshe Delo Niha Le, Pesik Reshe Delo Ichpat Le, and Melecha She'en Sarich Legufa? What is an example that can prove the difference between the three?
...
0
votes
1answer
44 views
What would be the problem with these strange walls?
The Gemara discusses whether a fence made with just Shesi (horizontal component) or just Eirev (vertical component) is a wall. Some opinions say that its not.
Then there is another Gemara which ...
2
votes
0answers
29 views
Charging interest to “your brother”
A deleted post from a long time ago made the claim that
[W]e are [allowed to charge interest to other Jews] but not from
immediate family. Even from another Jew, if he or she is not a member
...
-3
votes
1answer
134 views
Mah Nafshach - Is hair part of the human body or not?
Inspired by this answer, I'm curious. We hold that hair of a married woman is 'Ervah. Yet it is not 'Ervah for an unmarried woman. According to the Gemara in Shabbath (Bab. 95a), braiding the hair ...
6
votes
1answer
88 views
What is “blood that moved from one place to another”?
I'm learning laws of salting in the Shulchan Aruch. One concept I'm battling to understand is "דם שפירש ממקום למקום" - blood that moved from one place to another. Here's a good example of my ...
4
votes
1answer
104 views
Woman going out on Shabbath with a “Moch”
The Gemara (שבת, פ׳ במה בהמה) has lengthy discussions about animals going out with covers tied to their udders or other extremities, and repeatedly (briefly) mentions a Zav wearing a sac to catch his ...
3
votes
1answer
58 views
Pesik Resheih DeLa'Avar (inevitable consequence relating to the past)
The RaM"a (Y"D 87:6) cites an opinion that one may shouldn't stoke a flame beneath a non-Jew's pot, for fear that there's some milk and meat residue in it, and you might come to cook said milk and ...
6
votes
2answers
86 views
Kiddushin 'Al Tnai and the effect of Nissuin
I just read a comment online asking, in a particular 'Agunah situation, why there was not an agreement before the wedding to allow a rabbinical court to a annul the marriage.
Is this a legitimate ...
4
votes
1answer
67 views
Why are disputes in pairs?
The final paragraph of this answer:
We do have the tools to derive from the Torah what those Halachos are (Moshe Rabeinu taught them to us), but these rules are very general in nature and ...
2
votes
2answers
120 views
Why check pockets on Shabbos?
It says in Shabbos (12a) that one should always check his pockets on Friday so he won't accidentally carry on Shabbos.
I don't understand the purpose of this checking. Even if one did carry ...
8
votes
3answers
121 views
Which word in “אלו ואלו דברי אלקים חיים” is חיים modifying?
"אלו ואלו דברי אלקים חיים" is generally translated as "These [and these are both equally] the words of the Living G-d" or some variation thereof. Is that correct, though? Is it not possible that it ...
3
votes
1answer
63 views
Three reasons not to enter ruins (Berachoth 3a)
In Berachoth (3a) a Beraitha states that there are 3 reasons not to enter ruins - that it is unseemly, that walls might collapse, and that unsavory characters might lie in wait and harm the person. ...
4
votes
1answer
93 views
Kohanim on first shift can't say Shema'?
The first Mishnah in Berachoth quotes R' Eli'ezer's opinion that the time for reciting Shema' in the evening extends only until the end of the first shift (the Kohanim would serve in the Beith ...
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 ...
7
votes
1answer
74 views
Is Dina D'Malchusa a din in Gavra or in Cheftza?
Let's say that Reuvain owes Shimon money in American law, and Dina Demalchusa applies, does that mean:
Reuvein has a halachic monetary obligation to Shimon which is as strong as any other ...
7
votes
4answers
212 views
Neder vs. Shevua
Inspired by this answer (and more generally its question):
What is the difference between a Neder (vow) and a Shevua (oath)?
It seems to me that it is generally described as "issur cheftza" (neder) ...
3
votes
1answer
101 views
The blessing of Shehechiyanu
Is Bircat Shehechiyanu a bircat shevach (a blessing of praise)? If it is, why sometimes do we make the beracha before the event (or in some cases an action representing an event, such as putting up a ...
5
votes
1answer
87 views
Is the Mitzva of Tzitzit on the Gevra or the Cheftza?
Is the Mitzva of Tzitzit an obligation on the clothing or on the person?
8
votes
3answers
110 views
Are בישול on Shabbos and בישול of Meat and milk the same?
Are the qualifications for being called בישול (cooking) the same for Shabbos (e.g., frying is a question in Halacha if it is recognized as Cooking to say אין בישול אחר בישול - there is no such thing ...
3
votes
1answer
84 views
How can one who contradicted witnesses use those witnesses later?
Case 1
Plaintiff Reuvein made a claim against Shimon that Shimon owes $100 to Reuvein through a loan.
Shimon said: "I never borrowed anything from you".
Reuvein brought two witnesses (Pair A) that ...
7
votes
3answers
163 views
What is the practical difference between nebelah and terefah?
The second mishna on Chullin 32a explains that if an animal is rendered invalid by any death which does not occur through proper ritual slaughter it is nebelah while if it is rendered invalid for some ...
6
votes
2answers
314 views
What is a hakira?
In the parlance of Talmud study and lomdus, what does the word "Hakira" mean and how should it be used? Why are Hakiras useful?
11
votes
3answers
170 views
Asei Doche Lo Sasei vs. Mitzvah Habaah Beaveirah
These are two concepts in Judaism:
עשה דוחה לא תעשה - that if there is a Mitzvah Asei in the Torah, and a Mitzvas Lo Sasei, we say that the Asei overrides the Lo Sasei, and one should do it.
For ...
7
votes
2answers
212 views
How did Rambam eliminate “ben gilo” from the halacha?
The gemara in Elu Metzios (Bava Metzia 30b) says:
אמר מר (אשר) ילכו - זה ביקור חולים. היינו
גמילות חסדים! לא נצרכה אלא לבן גילו
,דאמר מר בן גילו נוטל אחד מששים בחליו
,ואפי' הכי מבעי ליה ...