Questions about halachic deciders and their rulings.

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2answers
84 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?
5
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1answer
52 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
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1answer
48 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
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1answer
197 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 ...
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0answers
81 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
65 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
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0answers
119 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
87 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
80 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
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0answers
117 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
46 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 ...
2
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0answers
39 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
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0answers
69 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
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
39 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
89 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
146 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
68 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 ...
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0answers
36 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
54 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 ...
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0answers
78 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 ...
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0answers
18 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 ...
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0answers
76 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 ...
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0answers
46 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 ...