Tag Info

Hot answers tagged

6

The Maharal (e.g. in Derech Chaim chapter 5 p.259 in old version) limits the extent of the application of "elu v'elu" to the disputes of Beth Shammai and Beth Hillel. He further explains that it does not mean Beth Shammai are halachically right - rather that indeed though they are wrong with regard to psak halacha (as indicated by the bath kol that announced ...


5

I recently wrote an article for Torah Musings that focuses on a part of the answer that hasn't been focused on yet. "What does Mesorah Mean?" http://www.torahmusings.com/2015/08/what-does-masorah-mean . To quote just enough to capture the thesis, although it omits much of the argument and R JB Soloveitchik's poetry: ... We speak of someone “having a ...


3

According to this article on the Seforimblog, it was as a reaction to Karaites who were lax in regards to meat, interpreting "in its mother’s milk" as referring only to the milk of its mother. To very briefly summarize the main points, originally, Karaites forbade meat consumption entirely (theoretically allowing only the consumption of sacrifices. In the ...


2

I think you are thinking of his commentary to Sefer VaYikra 18:25, where he famously argues, based on the Sifri, that (many) positive commandments are not applicable outside Eretz Yisrael, but are practiced anyway so that they are not forgotten.


2

See the Tosfos Rid in Maseches Kiddushin 42b: התוס' רי"ד: "יש מקשים, אם כן לכל דבר מצוה יועיל השליח, ויאמר אדם לחברו: שב בסוכה עבורי, הנח תפילין עבורי! ולאו מילתא היא, שהמצוה שחייבו המקום לעשות בגופו האיך ייפטר הוא על ידי שלוחו והוא לא יעשה כלום, בודאי בקידושין ובגירושין מהני כי הוא המגרש ולא השליח, שכותב בגט אנא פלוני פטרית פלונית, וכן נמי ...


2

You cannot undo Yayin Nesech. Once it's forbidden it remains so. That would mean that you have to add the honey before the non-Jew touches the wine, in order to prevent it from becoming Yayin Nesech. See for example, the Kitzur Shulchan Aruch in סימן מז - הלכות סתם יינם that (strong) vinegar cannot become Yayin Nesech, however, making vinegar from Yayin ...


2

Rav Yochanan and Rav aren't entirely amoraim; both had semichah before the mishnah was closed. I bet there are a number of first generation amoraim in the same boat. Shmuel is more complicated, since he never got semichah. However, the Rosh compares Berakhos 23b, where we rule like Shemu'el even though he contradicts a beraisa, and 24a where we wouldn't. ...


1

Rabbi Aqiva Eiger (shu”t #136) says that there are two types of doubt, and each has its own mechanism for birur, for clarification. The case of qavu’ah is one where the reality was once established. So in principle, there is a specific halakhah assigned already to this case. The doubt is in what that halakhah is. In this situation, we do not invoke rules ...


1

It's a very good question. If the Igeret of Sherira Gaon is considered, it states clearly that there was no disagreement in regard to halacha originally. That only happened later and as a consequence of a lack of learning. Part of the redemption and Moshiach's job is to "repair the breaches" within the Torah. Mishnah Torah, Hilchot Melachim 11:1, 11:4 But ...


1

Zakai means innocent or worthy. It refers to a person who is either innocent or guilty; good or bad. Mutar means permissible. It refers to an act, which can be permitted or forbidden. Patur means exempt or discharged. Like zakai, it refers to the person, but it does not speak to the character of the person as zakai does; it simply discharges the person ...


1

R. Yeshaya of Trani (the Rid) applies אלו ואלו to the post-talmudic period in a responsum (Teshuvos HaRid 62). As cited and translated by R. Shnayer Leiman here: First, I wish to respond to your claim that it was improper for me to argue against the great Rabbi Isaac lb. Samuel of Dampierre (d. circa 1185)), Heaven forbid that I should do such a thing! ...


1

The Ben Ish Chai says the problem is the bad smell. He therefore says one is allowed to pass gas if he knows it will not smell.


1

I heard today in the name of Meshech Chochma (but I have no precise citation) as follows: When one has these two choices — fulfilling the thou-shalt, which forces him to violate the shalt-not, and obeying the shalt-not, which forces him to ignore the thou-shalt — one is forced to violate a command. In a case of coercion, one is absolved from ...



Only top voted, non community-wiki answers of a minimum length are eligible