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11

In Shulchan Aruch, Yoreh De'ah 157:1, the Ramma quotes a Beis Yoseif saying that shaas hashmad is only when the gizeira (decree) is specifically against Jews. The Shach there (#6) clarifies that if the gizeira is against the entire medina (country or jurisdiction), even though Jews are included, it is not called shaas hashmad.


6

The principle of Stam v'yesh halacha k'stam is itself a subject of dispute. According to Rav Ovadia Yosef and his sons, when you see a stam v'yesh in the Mechaber, you hold like the stam completely, and don't have to be concerned about the opinion of the yesh at all. Some sources: Yabia Omer vol 9 in his notes on Ohr L'Tziyon, Halichot Olam volume 7 ...


3

The title of this question and the text of the question seem to me to be very different, and all of this would have been a comment until it got too long. I'll address the 'premises' of the question first. I don't really see how these assumptions connect to the question, other than the first (which has been strangely numbered '0'), but here it is: 0) The ...


3

The Pri Migadim in his pesicha to Yoreh Deah in the section Klalim BiHoraas Issur ViHeter #1 brings a Shach from his Kitzur HanHagos Horaas Issur ViHeter found in siman 242 in Yoreh Deah who says stam viyesh, halacha kistam. However, the Pri Migadim has a few stipulations. 1, this is only when there is no proof to the contrary, for instance in a different ...


3

The source of the Rambam is the Mishna, Rosh Hashana 2:7, and Rav Ovadia MiBartenura explains (based on the combination of Rav Pappa and Rav Nachman Bar Yitzchak's opinions in the Gemara Rosh Hashana 24a) that the declaration is structured according to the verses in Vayikra 23 2 and 44. In verse 44, Moshe declares the holidays, and thus the start of the ...


3

The Mishnah says that the sister Rachel is forbidden to do yibum with Shimon because of the rule "since she was forbidden at one time, she is forbidden forever". But the Rambam when he wrote his commentary on the Mishnah was in doubt whether this rule was D’Oraissa (from the Torah) or D’Rabbanan (Rabbinic). This question affects the law of the non-sister ...


3

Rabbi Aharon Lichtenstein shlit'a actually endorses this opinion. (At least theoretically -- when/if we reach a point when the world is suitably "inhabited.") Article here. Furthermore, Doniel Ehrenreich reports the following conversation: I actually once asked R Lichtenstein: What do you think is the significance of the impact of worldwide usage of ...


2

This question is the subject of a teshuva of Rav Ovadia Yosef in Yabia Omer 1:41-42, and he returns to this subject in many later teshuvos as well. He writes regarding this question that דבר זה הוא מקצוע גדול בתורה (so imagine this question upvoted by R. Ovadia Yosef). First of all, it isn't so clear that we actually do 'pasken' like the Shut min ...


2

See the the hakdama of the Pri Migadim to Yoreh De'ah in the section titled Klalim BiHoraas Issur ViHeter, #7 'You will see that the Rav z'l (the Ramma) writes asset times vihachi nahog, it implies that he is writing this to say this is how one should act from now on. And when he writes vichein haminhag or vichein nohagin this too has particulars. For ...


1

See the Minchas Chinuch mitzvah 32 after he lists all 39 melachos, right after Hotzaah, page 177 in the new editions, he goes into pikuach nephesh he says the Rambam and most poskim (according to the Kessef Mishna) hold it is dechuyah while Rabbeinu Meir brought in the Rosh say it Hutrah.


1

Here Rav Meir Neuri suggest a connection with the Gemara in Kiddushin 31a: בשעה שאמר הקב"ה אנכי ולא יהיה לך אמרו אומות העולם לכבוד עצמו הוא דורש כיון שאמר כבד את אביך ואת אמך חזרו והודו למאמרות הראשונות When G-d said "I am" and "You shall not have" the nations of the world said - he is demanding his own honor. Since He said "honor your father and ...


1

There are several Rishonim (collected in Encycolpedia Talmudis, but for example see the Raavid's comment on the Rambam Shofar Lulav V'Sukka 8:5 where he explicitly argues for his position because of Ruach HaKodesh - although he justifies it intellectually - see at the link the argument if the Raavid means it literally) that hold that the final Halacha is not ...



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