Questions about halachic deciders and their rulings.

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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 ...
3
votes
1answer
39 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? ...
3
votes
1answer
185 views

Why is semicha specifically to ordain a Rabbi to give psak?

Was the original process of semicha merely intended to provide reliable decisors of halacha only? Nowadays can a Rav get semicha in Tanach or Talmud (for example)? Since, perhaps, these days the ...
7
votes
0answers
68 views

How do you weigh authority in halacha?

Are there any hard and fast rules as to how to assign relative importance of one authority over another in formulating a psak halacha? For example if the Rambam and the Rashba argue over a specific ...
5
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0answers
114 views

Do Sepharadim celebrate Thanksgiving?

A good deal of ink has been spilled in the past century regarding the permissibility and appropriateness of American Jews celebrating Thanksgiving. For the most part, Ashkenazim are split, with some ...
3
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0answers
77 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 ...
3
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0answers
72 views

At what point can you assume senility?

In my experience it is rare to see a Rosh Yeshiva or other prominent Rabbi declared to be senile and no longer working at full mental capacity. Recently such a proclamation was made about one Rosh ...
3
votes
0answers
99 views

makhloket poskim and hatarat nedarim

Recently, the OU decided to certify quinoa for Pesach. Formerly, the OU held by the view of Rav Yisroel Belsky that quinoa is kitniyot, or at least that Rav Belsky's view created sufficient doubt to ...
2
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0answers
57 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 ...
2
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0answers
52 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 ...
2
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0answers
26 views

Codifying in a variant-text based machlokes

The בית חדש in O.C. 168 writes the following: אלא דלהלכה ודאי במידי דתליא בגירסאות אזלינן לחומרא הכי והכי In something which is dependent on variant texts we are stringent in both directions. ...
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 ...
2
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0answers
78 views

How does one 'learn' how to paskin?

When a person goes through smicha (in order to become a Rabbi) they learn (at least) the laws of kashrus. Depending on the program this can include more or less amounts of information (more or less ...
2
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0answers
135 views

How did the modern day Beis Hora'ah phenomenon develop?

Here in Eretz Yisrael, we find Batei Hora'ah in many cities - places where a moreh hora'ah sits either during special times or perhaps the whole day or different rabbonim throughout the day answering ...
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0answers
28 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 ...
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0answers
42 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 ...
1
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0answers
73 views

teshuvot from poskim via email or text?

The Israeli dati-leumi/chardali posek Rav Shomo Aviner answers hundreds of text messages and emails a day, providing "mini-teshuvot" to any kind of question anyone wants to ask. Some of them are ...
0
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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 ...
0
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0answers
41 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 ...