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13

What you are discussing are not loopholes. If a person uses a wheelchair to get around, you don't say he's using a loophole. He's doing the best he can under the circumstances. If a person uses a key to unlock his front door, he's not using a loophole, he's behaving as expected. If a person heats his house, he's not using a loophole to deal with the cold. ...


12

The mishna in Y'vamos (6:4) indicates that a widow is forbidden to a Kohein Gadol whether she was a widow only from erusin (when intimacy was still forbidden) or whether she was a widow even from nisu'in: כוהן גדול לא יישא את האלמנה--בין אלמנה מן האירוסין בין אלמנה מן הנשואין. This is quoted as halacha by the Rambam (Hil. Isurei Bi'ah 17:11): ...


12

Mishna in Makoth 2:7 וְכֹהֵן גָּדוֹל שֶׁהָרַג , אֵינוֹ יוֹצֵא מִשָּׁם לְעוֹלָם A Cohen Gadol who kills goes to the Ir Miklat forever. They would have to appoint another one, to do the Avoda on Yom Kippour, as the first one looses his previous job, as the Rambam הלכות רוצח ושמירת נפש at (7:14) says about all those sentenced to Ir Miklat, after they can ...


12

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.


10

In the translation of Michtav M'elyahu (Strive for Truth vol. 4 p 355), R' Carmell quotes R' Dessler that halacha does not change even if the reason given for the law seems to be untrue. He says that there may be other reasons other than the one given for the said halacha, and only the most obvious reason was the one stated, so the halacha stands without ...


8

This is discussed in the Talmud (Shabbat 114) and the Rambam rules (Shabbat 5:21) that no Havdallah is recited after Shabbat when Yom Kippur falls on Sunday.


8

The "Letter of the Law" is binding. However, we do generally try to go beyond and satisfy a "Spirit of the Law" which is above the Letter of the Law. Therefore, loopholes which contravene the Spirit of the Law are not generally encouraged, and the topic of what is called הערמה, tricking your way around the law, is somewhat complex but generally discouraged. ...


7

Although there was some initial confusion on this question among some poskim, because the Siddur was printed during the Alter Rebbe's lifetime, where as the Shulchan Aruch was only printed after his passing (even though he wrote the Shulchan Aruch when he was 26 years old), his children write that the Siddur was written later than the Shulchan Aruch, ...


7

There are two different types of gzeirah shava specific words were part of the mesorah but the pesukim used and / or the actual item that was derived from the gzeirah shava may not have been part of the mesorah. The content of the limud was part of the mesorah but not the words used in the gzeirah shava. Halichos Olam Shaar 4. See also Ramban sefer ...


7

Great question! This is part of a major machlokes rishonim in maseches beitzah. The Ran in the beginning of the 3rd chapter says that really all melachos are allowed on a Biblical level, but the sages forbade melachos that are generally done for a long time, as harvesting is generally done on an entire field, not just what you need for that meal. ...


6

I'm not entirely clear what you're confused about, but you seem to be mixing two ideas together. A Jew, generally speaking, will always remain a Jew. He may be excommunicated, but he will always be bound by the commandments and his responsibilities as a Jew. However, that does not mean that he automatically is rewarded in the world to come. He has to earn ...


6

Halakha First of all, the question of authorship doesn't necessarily affect the Zohar's importance in halakha; I'm not sure why you think that this it would "obviously affect the way of poskining". The question of how Kabbalah affects Halacha is not a simple one, and does not really depend on the Zohar's authorship, because even if it were written by a ...


6

See Chazon Ish (D’mai 3:12) proves that modern coins may be used even though they have no intrinsic value, and offers a possible explanation as to why that logic does not apply to paper money which traditionally has not been used for these purposes. (footnote 16 on article "THE HUNT FOR THE PERUTAH CHAMURAH" by Rabbi Dovid Cohen ...


6

The Talmud (Nedarim 27a) writes that אונס רחמנא פטריה "The Merciful One (i.e. God) exempted [from punishment] one who is coerced." Similerly, the sefer HaChinuch, writes with many (if not most!) of the 613 Biblical commandments that they don't apply today for a variety of reasons( the Temple in Jerusalem is destroyed, require ritual purity, etc). Thus, ...


6

The water that the ashes of the parah adumah are placed in must be drawn by a person from a body of water using a vessel. (Rambam Hilchos Para Adumah 6:1-8).


6

The Rambam (Talmud Torah 5:4) citing the gemara Horios writes כל תלמיד שלא הגיע להוראה ומורה הרי זה רשע שוטה וגס הרוח. ועליו נאמר כי רבים חללים הפילה Any student who did not reach the level of deciding halachic answers but nevertheless instructs is evil, a fool and arrogant... The relevant question is whether you are qualified to pasken for yourself. If ...


6

I would say that this is a question of the definition of testimony. We have the halachos in a number of places, including the talmud and Rambam hilchos Yibum, hilchos gittin, and hilchos nashim, about the circumstances as to who is believed if they come before bais din and testify that a person is dead. The implication of all of these is that the witness is ...


6

Firstly: What makes you think that Sheitels are a recent development? See the Gemara in Sanhedrin 112a: בעי רב יוסף שיער נשים צדקניות מהו אמר רבא הא דרשעיות אסור (דברים יג) תקבץ ושרפת כתיב מי שאינו מחוסר אלא קביצה ושריפה יצא זה שמחוסר תלישה וקביצה ושריפה אלא אמר רבא בפיאה נכרית היכי דמי אי דמחובר בגופה כגופה דמיא לא צריכא דתלי בסיבטא כנכסי צדיקים שבתוכה ...


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 ...


6

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 ...


5

From the Gemara, one would learn the relevant Rishonim, Achronim, Teshuvah literature, and later Halakhic works... there's quite a lot to go through on any given 'sugyah' (Talmudic topic). Regarding the choice that a posek is faced with when there are differing opinions on the matter, there are a few general rules aptly referred to as 'kelalei hapsak' ...


5

The Ramban (Sh'mos 20:8) says that because positive mitzvos stem from loving HASHEM while negative mitzvos stem from fear of HASHEM and love is greater than fear.


5

I once asked a rebbi of mine this very question, in a different context. The Gemara in Kiddushin 14b discusses a Gezerah Shavah using the word שכיר, a word that is found a number of times in the sections of the Torah that deal with slaves/servants. Tosofos there, s. v. מוכר, takes the liberty of applying this Gezerah Shavah to other instances of the word in ...


5

These two semicha 'tracks' cover different areas of halakah: Yoreh Yoreh covers areas that deal with the day to day questions that rabbis might receive, such as questions on kashrut or taharat hamishpacha. Most programs of Yoreh Yoreh also include study of the laws of Shabbat and Mourning. It's traditionally associated with the second section of Tur/Shulchan ...


5

Rabbi Michael Broyde makes this exact point. "Would we allow a woman to wear a shirt that had an image of her bare chest on it? No, because that image is inappropriate in our culture." Furthermore, if a woman would travel to some country where all the women keep their hair covered and wear a ritzy-deluxe sheitel there, she would turn a lot of heads. ...


5

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 ...


4

The Perisha (YD 182:5) gives two suggestions for how a place could change the associated gender of a particular clothing or action: either we follow the custom of the local non-Jews or a whole community of Jews could decide to change together. Modesty norms, which are all about not attracting attention and hence based on the current facts on the ground, ...


4

Harav Yishak Yosef Shelit"a, our current Rishon Lesion writes in Yalkut Yosef Kitzur Shulhan Aruch that we should never chose what science says over Hazal. There are a few reasons as to why. One of the most accepted answers is "Nishtanu HaTvaim"- nature has changed and therefor Hazal said what they said because what they said was true at their time.


4

I don't think that this is a bad question at all. I'm aware of two explanations: The Rambam states in his introduction to Mishna Torah that the Talmud Bavli is binding because כל אותם הדברים שבתלמוד הסכימו עליהם כל ישראל, it was accepted by all of Israel. I understand why you would read this as an appeal to 'minhag', but it could be for a fundamentally ...



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