Questions about halachic deciders and their rulings.

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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 ...
2
votes
1answer
74 views

Do any poskim recommend giving a conditional divorce?

For someone who married without a halachic pre-nuptual agreement, are there any halachic authorities who recommend giving a conditional get (bill of divorce) which stipulates that it would go into ...
3
votes
1answer
68 views

When it is stated that one is forbidden to pray or render halachic decisions while drunk, does this include other drugs like marijuana?

The Shulchan Aruch in Yoreh De'ah 242:13 says one is forbidden to render halachic decisions when drunk (Shichur), does this include other "intoxicants" such as marijuana, etc.? Also, in Orach Chaim ...
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2answers
64 views

Seforim who write “not for Psak”

Whats the point of Sefarim who print Piskie Halacha and then they write not for Lemasshe-whats the point then?
17
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5answers
498 views

Can we argue with gedolim when we are sure that we are right?

I recently saw a teshuva by Rabbi Moshe Feinstein, Ohrach Chaim Volume 1 Teshuva 109, that quotes a letter from Rabbi Menashe Klein asking a question on Rabbi Moshe's psak but saying that he does not ...
2
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0answers
22 views

Why was Aharon not liable for issuing a ruling around his teacher?

The Chumash (Shemini 10:16 and onwards) describe an argument between Moshe and Aharon. Aharon's two sons died by the hands of Hashem and he became an Onen who cannot eat sacrifices. Moshe gave him an ...
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0answers
17 views

Is one liable for making a ruling around his teacher if the ruling is wrong?

There's a Halacha that one's not allowed to make a ruling around his teacher, and if one does he is liable to the death penalty at the hands of heaven. The two examples that I can think up from the ...
3
votes
2answers
58 views

If one has a heter to do something unusual, must one do so discreetly?

If one has a heter to do something unusual, must one do so discreetly? I am essentially asking whether marat ayin concerns are relevant to this type of situation. (As for "Why wouldn't they be?"--I ...
2
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0answers
38 views

Picking and choosing Hashkafa

Can one decide to follow for example the Rambam's more rational Hashkafic approach and then the Ramban for other Hashkafic ideas even though they clearly disagree? I've heard that by practical ...
3
votes
1answer
84 views

How does “getting a heter” work?

I have heard of the concept of "getting a heter" to do something that is not ordinarily permitted, but I don't have a good idea of what it means. I am interested in explanations of what this process ...
1
vote
3answers
248 views

Why aren't we Mahmir (stringent) with just Mikvah when ruling leniently on a technicality in Niddah cases?

I know from experience and some introductory study of the laws of Niddah that rabbis typically try to find leniencies wherever possible in issues of family purity. In many instances, a Posek will rely ...
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0answers
47 views

Are there any halachic rulings on legal recreational marijuana? [duplicate]

I have seen opinions from U.S. poskim from many years ago that rule that marijuana use should be forbidden by Jewish law on the basis of "dina d'Malchusa dina" ["the law of the land is the law"]. ...
1
vote
1answer
65 views

Parents teaching children or children teaching parents?

Regarding והגדת לבנך, and you shall tell to your children (Shemos 13:8), on Pesach night: 1) What is the mitzvah of והגדת לבנך and how does one fulfill it according to halacha? 2a) Why do yeshivos ...
2
votes
1answer
39 views

Nodah B'Yehudah and “L'Shem Yichud”

Source: http://onthemainline.blogspot.com/2010/08/jewish-oath-in-1737-part-ii-noda.html Near the end of the post, the author mentions a teshuvah of the Nodah B'Yehudah's against the saying of a ...
19
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17answers
675 views

SE Challenge: Halachot in which rulings range from permissible to Torah violation?

Inspired by my previous question regarding heating up soup on Shabbat, I present a challenge to the Judaism StackExchange community -- List halachot which have halachic decisions ranging from ...
6
votes
2answers
42 views

Why do different halachic authorities arrive at conflicting rulings?

Rabbi A says strawberries are ha'adama; Rabbi B says that strawberries are Ha'etz. The halachic texts are replete with such differences in "opinion". What's the underlying reason that different ...
10
votes
2answers
251 views

May I rely on the halachik leniency of others?

If "Reuven" believes the halacha to be one way and "Shimon" believes it to be more lenient may Reuven rely on Shimon to do something for him based on this leniency? Here is a 100% fictional ...
3
votes
1answer
48 views

Standing For Reading of Decalogue

Poskim are recorded here permitting standing specifically for the Torah reading of the Aseres Hadibros. Are there any poskim who forbid this in accordance with the ruling of the Rambam?
5
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0answers
61 views

Is becoming a “Talmid HaRambam” limited to the Rambam?

This answer explains (very nicely) the justification and practice of those who consider themselves followers of the Rambam, as opposed to any other opinion. In the cited responsa of the Beis Yosef, ...
5
votes
1answer
88 views

Why do we find specifically “Rambamists” as opposed to any other Posek? [duplicate]

This answer explains (very nicely) the justification and practice of those who consider themselves followers of the Rambam, as opposed to any other opinion. In the cited responsa of the Beis Yosef, ...
10
votes
3answers
608 views

Why are people going back to paskining like the Rambam?

I have heard personally (and seen in chat) people (who are not Teimanim [for whom there is a tradition to rule like the Rambam]) ruling like the Rambam. I have heard that he has the authentic ...
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0answers
62 views

Lomdus and Halacha

To what degree are the works of R. Chaim Soloveichik and other 19th and 20th century "lamdanim" reckoned with by poskim? I.e. are they generally accepted as providing correct interpretations of Gemara ...
4
votes
1answer
267 views

What do Teimanim do with regards to modern questions?

It's known that Teimanim follow the opinion of the Rambam exclusively. What do they (or even more so Rambamists) do when there are questions not discussed at all by the Rambam? For example, Do ...
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votes
4answers
188 views

Who should be asking nidda questions?

Who should be asking a niddah shaala (question): the woman or her husband? Or perhaps there is no difference? Or does it perhaps depend on what the shaala is? Are there any concerns with one or the ...
11
votes
3answers
509 views

Why has the Mishnah Berurah become the Authoritative Halachik Work instead of the Aruch haShulchan?

Hirhurim just had a post about this topic, where he discussed some reasons that people should follow the aruch haShulchan. Yet in many circles, people just follow the Mishna Berura and rarely even ...
2
votes
0answers
38 views

Can a Yachid follow his own opinion in a Tzibbur?

The Gemara in Yevamos (13b) says that there is a prohibition to make "Agudos Agudos", different groups of people following different rulings. However, the Gemara says that this is forbidden only if ...
2
votes
2answers
121 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 ...
1
vote
1answer
53 views

What was the Shita of the Rema

The beit yosef has a very clear Shita. There are 3 important poskim:rosh.,rif,and rambam. He goes after the majority of these Poskim in case of a machloket. When looking into the rema(darkei ...
0
votes
6answers
346 views

Untrustworthy sifrei halacha?

I have noticed that there are a few popular printings of the Mishna B'rura that come with footnote references to the Chazon Ish on each halacha where the two disagree (example). I have also noticed a ...
6
votes
4answers
169 views

In the days of the Sanhedrin, was one able to hold of his own opinion in private?

Back in the days of the Sanhedrin, after a psak about a particular halacha was issued, were you able to still hold of your own opinion in private? If you were confident in your own interpretation of ...
4
votes
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 ...
3
votes
1answer
46 views

Berur halachah - what is this called in English?

I'm translating an article concerning the need for a "berur halachah" in order to determine the legal status of individuals with mental retardation. How would say "berur halachah" in English? ...
31
votes
9answers
2k views

Why is it necessary to ask a Rabbi?

In various places on this site, including the FAQ, we have the following disclaimer: Like Wikipedia, this site makes no guarantee of validity, and does not offer professional (particularly ...
6
votes
1answer
73 views

Aiding what you consider sin but he doesn't

There is an action. Let's call it "hoobling". Some pos'kim say hoobling is permitted and others say it's forbidden. (Note: not "say one should ideally be strict". They say it's forbidden.) Suppose ...
6
votes
3answers
183 views

Asking another Rabbi

What are the parameters and conditions of when one is allowed (and not allowed) to ask another Rabbi once he/she got a Psak from the first Rabbi?
10
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1answer
253 views

What did a “don't-issue-rulings” semicha (ordination) look like?

Again from the biography of Rabbi Moshe Feinstein found in Igrot Moshe Volume 8 (emphasis added): Many approached [him] for ordination, and he was not difficult on them. Some ordinations were ...
2
votes
0answers
64 views

Ruling of the Chazon Ish on expelling an at-risk-of-nonobservance bad influence

In HaRav Aharon Feldman shlita book, "The Eye of the Storm", in the chapter entitled, "The Chazon Ish", Rav Feldman lists some questions that were asked to the Chazon Ish. One of them is, May a Rosh ...
14
votes
5answers
614 views

“Silk-Screened” Sifrei Torah

What are the halachic issues with Silk-screened sifrei torah? I am interested in a summary of concise halakhic rulings of multiple authorities on the prohibition or permissibility of HaRav Yitzchak ...
7
votes
1answer
118 views

Rav vs. Rabbi in Talmudic Times

I was reading about the life of Rabbi Zera, and it said he was originally a Rav. The Rabbis of Eretz Yisrael offered to confer on him the title of Rabbi and at first he refused, until they told of ...
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0answers
74 views

Was this person ALWAYS a mamzer, or did he become one?

There are three elements to this question: A certain get document has an irregularity and one could conceivably rule that it acceptable or unacceptable. The woman who the get was issued to remarried ...
15
votes
2answers
328 views

How do you CYLOR after posting on judaism.stackexchange.com?

We recommend CYLOR. How do I: ask the OR a shaaloh that one has already posted on judaism.stackexchange.com. Should I acknowledge its use when asking? introduce the concept of ...
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 ...
6
votes
1answer
53 views

How to go about finding a personal Rav

The mishna in Avot (1:6) tells us: יהושוע בן פרחיה וניתאי הארבלי קיבלו מהם. יהושוע בן פרחיה אומר, עשה לך רב, וקנה לך חבר; והוי דן את כל האדם לכף זכות When living in different areas I have gone ...
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0answers
32 views

Psak halacha from a havah amina in the Gemara

The Gemara will often begin a sugya with an initial understanding (havah aminah) of a mishnah or halacha and as the Gemara continues will change until it reaches the maskanah. Often, the maskana will ...
3
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0answers
82 views

What to do when the Rabbi is on vacation

If a person has one Rabbi to whom they ask all of their questions, and that person is unreachable, for whatever reason, and an urgent, time-sensitive question arises, what should their course of ...
1
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1answer
152 views

Satmar Rebbe's opinion on Mechitza

Where could I find the opinion of the Satmar Rebbe (Rav Yoel) zt'l on the height and laws pertaining to the Mechitzah?
0
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0answers
43 views

CYLOR and Mesorah

Assume that someone has a she'elah, however their local rabbi does not follow their mesorah. How would one approach the issue of a psak? For example, let's say my LOR is a Chabad shaliach and I need ...
6
votes
2answers
300 views

Is there any contemporary posek who says you can deviate from the wording in the shmona esrei?

I am reading Kavvana: Directing the Heart in Jewish Prayer by Rabbi Dr. Avi (Seth) Kadish. There he makes the argument that the Anshei Kneset Hagedolah never established the exacting wording for the ...
5
votes
4answers
209 views

Halachoth whose rulings range from obligatory to a (Torah) prohibition

Inspired by this question ( SE Challenge: Halachot in which rulings range from permissible to Torah violation?) , I thought I'd go further. Can you think of any Halachoth whose rulings range from ...
1
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0answers
53 views

D’oraita Sources for Halacha

We often see that the author of a p'sak maintains that a ruling is d’oraita even in cases when there is no link to any of the 613 mitzvot listed by Rambam, etc. Must every halacha ruled as a d’oraita ...