Questions about the theory of Talmud study or general Talmudic concepts. Also for questions about a particular line of Talmudic-style reasoning.

learn more… | top users | synonyms (2)

6
votes
3answers
562 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 ...
9
votes
4answers
319 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 ...
7
votes
4answers
397 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) ...
7
votes
3answers
304 views

Difference between Pesik Reshe Delo Niha Le, Pesik Reshe Delo Ichpat Le, & Melacha She'en Sarich LeGufa

What is the practical difference between actions considered Pesik Reshe Delo Niha Le, Pesik Reshe Delo Ichpat Le, and Melecha She'en Sarich Legufa? What is an example that can demonstrate the ...
5
votes
3answers
128 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 ...
4
votes
1answer
93 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 ...
4
votes
1answer
177 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 ...
8
votes
2answers
372 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 ...
6
votes
2answers
75 views

I thought Gezeirah Shavah requires Mesorah

In Masecheth Rosh Hashanah (9b), the Gemara uses a Gezeirah Shavah from Tishrei, with the word שנה, to support the Mishnah's ruling that 'Orlah is counted from Tishrei. In response, however, the ...
6
votes
2answers
86 views

Does Rashi's commentary on a quoted mishna reflect the true explanation?

Often the Bavli will quote a mishna from another maseches (tractate) or another part of the same maseches. Does Rashi's commentary on the Bavli's quotation of the mishna reflect his interpretation of ...
4
votes
1answer
149 views

What is the source of Chazaka?

There are many halachic chazakas. Most of them are halachic assumptions, such as: Keeping things the way they always were - Either financial (Chezkas Marei Kama) or religious (Chezkas Tahara, ...
4
votes
1answer
108 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 ...
1
vote
3answers
565 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 (ערוה). Yet it is not 'Ervah for an unmarried woman. According to the Gemara in Shabbath (Bab. 95a), braiding the ...