Questions concerning arguments within Judaism and their outcomes.

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2
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1answer
56 views

Why does the Mishna/Gemara so rarely mention the practical Halacha?

The Mishna frequently mentions different opinions. Some opinions are generally rejected Halachicly (Rabbi Elazar, Beis Shammai). Why doesn't the Mishna mention who the Halacha follows (in general). ...
6
votes
2answers
145 views

Examples of Rabbis who had strong disagreements and were amicable

I'm looking for examples of Rabbis who had a serious disagreement and were nevertheless very kind and thoughtful towards each other. The main reason I'm asking for examples is to illustrate what a ...
3
votes
0answers
54 views

The Fourth Exile, Persia or Rome?

When Avraham experiences a vision of 'fear, darkness, great, descending upon him', (Gen 15:12), the Midrash says that these four words refer to the 4 exiles. Fear is Babylon, darkness is Medea, great ...
2
votes
1answer
91 views

How do we treat a י"א in the Shulchan Aruch?

Is there a general principle for how we treat a י"א = יש אומרים (yesh omrim, "some say") cited in the Shulchan Aruch for the purposes of determining halacha? If not, are there examples of two halachos ...
0
votes
1answer
130 views

Is it permissible to exclusively wear tephilin according to Rabenu Tam?

If one looks into the sources - as well as the give and take throughout the recorded history of the mahloqeth - it becomes clear that the majority of the world wore tephilin according to the shitta of ...
5
votes
2answers
169 views

Why is there a dispute as to which tefillin are the correct ones?

Since the mitzvah of tefillin is observed every day except for Shabbos and festivals, there should have been continuous knowledge as to the correct order of the parshas. So how did it come about that ...
4
votes
1answer
95 views

Who was the “Tana Dvei Rabbi Yishmael”?

What are the teachings labeled "Tana Dvei Rabbi Ishmael"? Are they Braisos or Amoraic teachings? On one hand, on Shabbos 26b we find it arguing on Rabbi Shimon ben Elazar (a Tana). On the other ...
3
votes
1answer
59 views

Why does Rambam say the omer can be cut by day and on Shabas?

Rambam תמידין ומוספין chapter 7: מצותו להקצר בלילה בליל ששה עשר בין בחול בין בשבת. וכל הלילה כשר לקצירת העומר ואם קצרוהו ביום כשר The command of [the omer] is to be reaped at night, the night ...
0
votes
2answers
122 views

Machlokes between Beis Hillel and Beis Shamai

Why did unresolved disputes begin specifically at this time? Why were there no unresolved disputes before?
2
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0answers
54 views

What should a person do if he holds differently than the Kohen?

There were arguments between Beis Hillel and Beis Shammai in Halachas that were Chayav Korban/Kares. What happened if a person was a follower of Beis Shammai and sinned unknowingly? According to ...
2
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0answers
38 views

Retroactively have to bring a chatas

Suppose one does an act on shabbas about which there is a machlokes whether it is forbidden d'oraysia or not (perhaps even a posek holds it is permitted). This person does the act regardless, but then ...
5
votes
1answer
96 views

Why was a bat kol able to settle the dispute between Battei Hillel and Shammai?

Eiruvin 13b recounts an argument between Beit Hillel and Beit Shammai. The argument grew very heated until a bat kol intervened and stated the famous line elu v'elu divrei elohim chayim ("These and ...
3
votes
0answers
76 views

Disparate Zemanim in the same local community

Someone pointed out on a local email list that the ending time for Tish'ah BeAv is listed differently - significantly so - at various institutions in our local community. He noted the following times ...
5
votes
1answer
96 views

Understanding Yevamot 4:13's proof of who, exactly, is a mamzer

When it comes to the question of who is a mamzer, numerous conflicting theories abound in the early rabbinic literature. The opinion presented anonymously in Qiddushin 3:12, which appears to be ...
1
vote
1answer
112 views

How do we explain the criticism of Rashi by his grandsons?

Rabbi Shlomo Yitzhaki, better known today as Rashi, was easily the most prolific commentator on the Tanach and Talmud in history in the sense that he commentated on most of the Talmud and, I believe, ...
2
votes
1answer
97 views

Why don't we count sefirah without shem u'malkhut

Our current practice is that if you forget to count one day of the omer (morning and night), it is still incumbent upon you to count, but you can't say a bracha. As far as I understand, the reason ...
1
vote
0answers
80 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 ...
10
votes
3answers
173 views

Why is there a difference of opinion about whether modern magic is prohibited or permitted?

I'm an amateur magician. All of the Ashkenazi rabbis that I've talked to said that as long as my audience knows that I am just doing tricks and not real magic, the Torah allows me to perform magic ...
4
votes
1answer
80 views

How were long-running talmudic discussions actually conducted?

Eiruvin 13b records two years-long disputes between Beit Hillel and Beit Shammai, and surely these are not the only long-running debates. How did that work in practice? Did they really have a single ...
7
votes
2answers
149 views

What were the arguments for and against man's creation?

The gemara in Eiruvin 13b teaches that for two and a half years there was a dispute between Beit Shammai and Beit Hillel - these said that it was better for man not to have been created than to have ...
3
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0answers
82 views

What did Beit Hillel and Beit Shammai argue about for three years?

Eiruvin 13b records a dispute between Beit Hillel and Beit Shammai that went on for three years, after which a bat kol (voice from heaven) intervened. The point of bringing this story here in the ...
5
votes
0answers
75 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 ...
1
vote
1answer
268 views

Starting the Seder after Sheki'ah (sunset)?

In my experience, there is a lot of emphasis on waiting until after Tzeith HaKochavim (the stars come out), which is seen as definitely after nightfall, to start the Seder. The reason is that we want ...
-1
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2answers
67 views

Rabbis giving conflicting opinions?

Are there any examples in the history of Rabbis giving conflicting opinions on the same issue
2
votes
1answer
116 views

If the Oral Torah is Divine, why are there arguments? [duplicate]

Possible Duplicate: Why don’t we just follow the shittah of Moshe Rabeinu? If the Oral Torah is Divine, how are there arguments in the Mishnah and Gemara? (I have heard this question asked ...
1
vote
3answers
264 views

Authenticity and authority of Oral tradition

Is there a methodology used in Judaism to authenticate traditions (that it orginated from person to whom it is attributed) and deem it halacha or a correct position? For example, Muslims have what ...
4
votes
1answer
78 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
2answers
85 views

When can you turn a dispute into a safek?

In this answer, I proposed that since there is a machlokes rishonim on a certain issue, it counts as a safek (doubt), although the Shulchan Aruch rules strictly. DoubleAA commented, saying that he ...
5
votes
5answers
513 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 ...