Questions concerning arguments within Judaism and their outcomes.

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Authenticity of the רמ"א on intermarriage

Commenters on a recent question regarding the nature of the prohibition on intermarriage question the authenticity of the comment of Rabbi Meir Isserles challenging Rabbi Yosef Cairo's ruling that it ...
3
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1answer
83 views

picking and choosing halachic rulings

I have heard many times from Rabbinim and in lectures that to pick and choose rulings is forbidden. I would like a halachic source for this. I can understand that one should be consistent, but if one ...
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1answer
69 views

GE Shabbos / Yom Tov mode on ovens - Machlokes

In this question How does Shabbos/Yom Tov mode on a stove work? it discusses how the Shabbos / Yom Tov mode works. I have recently heard that there are Rabbi's that do not allow using this mode. Does ...
2
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0answers
69 views

Game theory in the Tanaim

I read an article a while back (maybe over a year ago?) in the Mishpacha English Magazine (I'm pretty sure, although it may have been in the Ami) that discussed a certain machlokes Tanaim about how to ...
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2answers
80 views

Why does the order of temple services in our prayers follow the non-hallachic opinion?

Something that has bothered me for a long time, and I have not found a good explanation for, is why we recite the order of service in the temple following Abbaye in the name of Abba Shaul, despite the ...
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2answers
17 views

R. Moses al-Ashkar's Response to Sefer ha-Emunot

Where can I find the Maharam al-Ashkar's response to Shem Tov ibn Shem Tov's Sefer ha-Emunot (Hassagot Al Mah She-Katab R. Shem-Tov Neged ha-RaMbaM)?
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2answers
52 views

Why no argument between Bet Shamai & Bet Hillel regarding how to count the Omer?

For Chanukah, Bet Shamai says that on the 1st night we start with 8 candles and each successive night one less. Bet Hillel says we start with 1 and increase each successive night. Why was there no ...
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1answer
36 views

Mekor for R' Haim on Tannaim vs Amoraim

I've heard there is a R' Chaim Soloveitchik saying that although there is no law stating Tannaim may not argue with Amoraim nevertheless it isn't customary for an Amora to contradict a Tanna. Does ...
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2answers
38 views

Tannaim vs Amoiraim

Can an Amora argue with a Tanna? From the Talmud it would seem that an Amora cannot argue with a Tanna and that is why it tries to fit in all Amoraic statements into the words of the Tannaim.
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1answer
45 views

the nature of an argument between the Wurtzberger rov and Rav Shamshon Refoel Hirsch

Does anyone know the nature of a famous argument between the Wurtzberger rov and Rav Shamshon Refoel Hirsch? I think it was to do with the extent a kehilah must follow thier rov or vice versa.
2
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2answers
122 views

When did we start to be machmir?

When looking into the Talmud in the most places after bringing a machloket it says that the halacha is like x. On the other edge of the time when reading the Mishna Brurah it looks like he doesn't ...
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1answer
89 views

Rema more meikel than mechaber in bb"ch?

Is Rema more lenient than mechaber anywhere in the laws of milk and meat? Usually, it seems, he is stricter.
4
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1answer
44 views

Poskening Leniently

For situations where a Rav is searching for a lenient ruling, such as in cases of major financial loss or aguna, etc., what are the guidelines that he must follow? Is he allowed to rule like a single ...
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2answers
61 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 ...
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0answers
39 views

How is it possible to have machlokot in very basic issues of the halacha [duplicate]

The orthodox world view assumes that the whole torah came from the mountain of sinai and is transferred from generation to generation. When there is a machloket this is because either: The ...
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4answers
595 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
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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
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0answers
19 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
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0answers
58 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 ...
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0answers
27 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 ...
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1answer
70 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, ...
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6answers
693 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 ...
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0answers
47 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 ...
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2answers
208 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 ...
5
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1answer
152 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 ...
15
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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 ...
8
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2answers
159 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 ...
5
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1answer
199 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 ...
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1answer
491 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 ...
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1answer
85 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). ...
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2answers
206 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 ...
7
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2answers
193 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 ...
6
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2answers
250 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 ...
4
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1answer
115 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 ...
2
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1answer
108 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 ...
4
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0answers
74 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 ...
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1answer
153 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 ...
0
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2answers
166 views

Machlokes between Beis Hillel and Beis Shamai

Why did unresolved disputes begin specifically at this time? Why were there no unresolved disputes before?
6
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1answer
130 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 ...
3
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1answer
70 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 ...
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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 ...
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65 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 ...
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88 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 ...
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3answers
286 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 ...
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1answer
127 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
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1answer
117 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 ...
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0answers
111 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
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3answers
252 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
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1answer
89 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 ...
5
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0answers
88 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 ...