8
votes
2answers
142 views

Are “Halacha To Moses from Sinai” Undisputed?

I was listening to a lecture in my synagogue in which it was mentioned ( correctly or incorrectly - I don't know ) that a הלכה למשה מסיני - Halach to Moses from Sinai is a law that has never been ...
3
votes
2answers
100 views

How do you go from the Talmud to Halacha Lemaasah?

What is the process involved for figuring out the halacha of today based on something written in the Talmud? Basically, what does a modern day posek do starting from the Talmud to reach a halacha he ...
3
votes
1answer
71 views

What are the opinions that explain why Gemara is authoritative?

Rambam and R' Hai Gaon say that Gemara is authoritative because of minhag, but are there other opinions as to the reason? The one that I'm familiar with (or that I most identify with) is the reason ...
2
votes
1answer
66 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). ...
3
votes
1answer
90 views

concept of Breira unknown to the Tana'im?

Breira is the concept that a choice can be made in the future that will retroactively determine the state of something in the the present (assuming I understood and articulated it correctly). There is ...
4
votes
1answer
98 views

Where Does the Talmud Teach Not to Learn Halacha From Observation of Teachers?

Back when I was learning Daf Yomi, I ran into an interesting lesson I'm finding difficult to find again. It was a teaching that one should learn halacha from your rebbe's teachings and not through ...
10
votes
3answers
521 views

What are the authoritative Jewish documents?

When I'm reading through answers on this site I often see users make references like - Baba Batra 75A Or Chagiga 12A I don't understand what these mean. What are the documents that ...
1
vote
2answers
226 views

Paskening from Talmud vs. Shulchan Arukh

Sometimes poskim will pasken from the Talmud (gemara) instead of the Shulchan Arukh. However, I thought that we pasken from the Shulchan Arukh and not from the Talmud. What is the proper way for ...
4
votes
2answers
124 views

What is the logical explanation for קם ליה בדרבה מיניה?

HodofHod: "In essence, the idea is this: If a person does one act, and with that one act incurs two different kinds of penalties, we only apply the stricter one. So if a person (for example) borrows a ...
4
votes
3answers
152 views

The concept of קם ליה בדרבה מיניה

I'm trying to understand this concept. I've Googled around and could't find any straightforward answers. I don't need too many details, just the explanation that's given in the Gemara (I understand ...
5
votes
1answer
74 views

What does R' Shimon mean when he “Expounds the reason of a verse”?

There is a known argument In Kiddushin and other places where it says that R' Shimon "expounds [for Halachic purposes] the reason of a verse" (דרש טעמא דקרא). What does this mean? Does it mean that ...