Tagged Questions

Questions concerning arguments within Judaism and their outcomes.

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6
votes
4answers
516 views

Why do Beit Shammai and Beit Hillel always argue?

Why is it that the Academies of Shammai and Hillel have contradictory opinions in most of the verses? It's almost as if one is waiting for the other to give a contradictory opinion. Take, for ...
5
votes
1answer
51 views

How could (or why did) Raba follow Rav's stringencies but not his leniencies?

Eruvin 6 amud 2 says someone who follows the stringencies of Bes Shamay and of Bes Hilel is a fool walking in darkness: rather, it says, one should follow the one or the other, both when it is lenient ...
2
votes
0answers
18 views

Why the different wording for the three proofs atop שבת דף מ ע״א?

The Bavli, Shabas 40 amud 1, cites a disagreement between Rav and Sh'muel. It then brings three proofs to Sh'muel's view. Each proof quotes what appears AFAICT to be a b'raysa, and each proof is ...
2
votes
0answers
52 views

Machlokes Hatanaim when Kriat Shema should be said

The first Blat of Berachot tells us about a Mahlokes when Krias Shema should be recited. There are almost 10 shitos there. What is the Machlokes-is there a Sevara for each shita? For instance, the ...
3
votes
0answers
18 views

What's wrong with Rashi's explanation of Hechsher Mitzvah?

A Daf Yomi Shi'ur that I listen to went into details about Hechsher Mitzvah when we reached Yevamoth 6a. Essentially, Rashi says that the Gemara's term, "Hechsher Mitzvah", is referring to a scenario ...
1
vote
1answer
53 views

Mussaf before Mincha Katana

[This is not a request for a psak, as I did say Mussaf on time today, B"H.] If it is now after Mincha Gedola, but before Mincha Ketana, and there is no Minyan, what should an individual say first, ...
0
votes
0answers
46 views

How were disputes settled in the Midbar?

According to the Rambam, how were disputes over the application of the law settled in the Midbar? I remember seeing something about how they were resolved instantly with the help of Moshe, but I ...
1
vote
2answers
106 views

Differences in Sepharadi Hilkhot Taharat HaMishpahhah

I've been told that HaRav Mordekhai Eliyahu and HaRav 'Ovadiah Yosef ('Aleihem hashalom), have different shitot (approaches/conclusions) when it comes to Hilkhot Taharat HaMishpahhah for the Sepharadi ...
-2
votes
2answers
49 views

How are there arguments over how God works?

How can there be arguments over basic, major points in Jewish machshavah? How do we not all agree (and by "all", I mean all major primary sources) over how God works? How did this not come through in ...
5
votes
1answer
130 views

Is Chabad halachically monolithic?

Is there such a thing as a machlokes in practical halacha within Chabad? As far as I know (which isn't very far), Chabad has, or at least had until 2 decades ago, one central figure leading the ...
13
votes
2answers
1k views

Why are challenges to respected rabbis not treated seriously?

Say someone disagrees with the Chazon Ish or has a problem with the Aruch HaShulchan in a particular halachic area. Sure, they're no gadol, and they might have not even learned an extensive volume of ...
2
votes
1answer
77 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
228 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
64 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
101 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
146 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
189 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
108 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
63 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
144 views

Machlokes between Beis Hillel and Beis Shamai

Why did unresolved disputes begin specifically at this time? Why were there no unresolved disputes before?
1
vote
0answers
60 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
votes
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 ...
8
votes
2answers
138 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
84 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 ...
6
votes
1answer
122 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
119 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
108 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
93 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 ...
11
votes
3answers
215 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
84 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
177 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 ...
5
votes
1answer
170 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
81 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
280 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
votes
2answers
69 views

Rabbis giving conflicting opinions?

Are there any examples in the history of Rabbis giving conflicting opinions on the same issue
2
votes
1answer
156 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
273 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
89 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
94 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 ...
6
votes
6answers
621 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 ...