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Rambam Rotzeah 7:9 (English) אחד כוהן גדול המשוח בשמן המשחה, ואחד המרובה בבגדים; ואחד כוהן גדול העובד, ואחד הכוהן שעבר: כל אחד מארבעתן שמת, מחזיר את הרוצח.‏ If any of the current or former Kohanim Gedolim die, he goes free. As the Mishna (Megillah 1:9) states: the only difference between a current and former Kohein Gadol is that the bull offered ...


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There is a dispute of the Rishonim as to whether or not daughter in law is a relationship prohibited to Noahides (Ramban vs. Rashba). The Ramban (to Yevamos 98a) holds that Noahides have no prohibition of relationships with relatives who are not blood relatives. He brings a proof to this from the fact that Yehuda absolved Tamar upon discovering her ...


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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 ...


2

R' Shlomo Zalman Aurbach, in Maadanei Aretz ch. 18, writes that Halacha trumps Dina D'Malchusa Dina. For example, if A took B to secular court and won, B would have to pay A as a result of Dina D'Malchusa Dina (even though A was not allowed to take B to court to start), but B could then sue A in Beis Din for his unjustified losses in secular court, because ...


2

( Bold part of answer is the real answer; the rest is just background ) Rabbi Ribiat writes in The 39 Melochos (in the corrected edition, Misrad Hasefer 2004) [Section 2, Chapter II, section G; page 214]: If a Melocho is performed in what is Halachically recognized as an irregular mode, it may be considered a "Shinui" (שינוי). ....a Melocho ...


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

Rambam Ch. 9 of Kings & Wars lists all prohibited relatives for Noahides, and "sister-in-law" is not on the list. Therefore, Yibum is not overriding any prohibition for them. Mr. Noahide, you want to marry your brother's ex-wife? That's totally your choice (well, you have to ask her first), whether there were kids or weren't; whether the marriage ended ...


2

Just a thought - one of the components of the prohibition of lifnei iver is giving bad advice (Sefer Hachinuch). Some use this to explain how helping someone violate a Rabbinical prohibition could be catergorized as a Biblical violation of lifnei iver, because it is bad advice to do so. So if someone would ask you whether or not they should hooble, and you ...


1

I am going to answer this question for kabbalah in general sense it answers most of what you ask about the Arizal as well. Typically there are two ways to deal with kabbalistic teachings: to accept them as divinely inspired or as definitely complimenting what is written in Torah shebichtav (Written Torah; Pentateuch) and to deny them as being fallible ...


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I'm not sure if this answers the question, but while the messenger may not realize that he's being מזכה לחבירו שלא בפניו, he is certainly aware that he's a messenger. Tosfos there (Gitin 11 ד"ה התופס לבעל חוב, and see also Tosfos to Kesuvos 11a) actually write that זכין works in a manner exactly like שליחות - so one could easily imagine that דעת שליחות is ...


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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.


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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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