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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): ...


11

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

1) See Shabbat 23a, which discusses Menorah on Chanukah: מברך אשר קדשנו במצותיו וצונו להדליק נר של חנוכה והיכן צונו רב אויא אמר מלא תסור רב נחמיה אמר שאל אביך ויגדך זקניך ויאמרו לך Soncino translation: What benediction is uttered? — This: Who sanctified us by His commandments and commanded us to kindle the light of Hanukkah. And where did He ...


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. ...


7

Your question is based on the assumption that what chazal did was reinterpret. In fact the "Torah" as we know it today that was given at mt. sinai included both the oral and written traditions. when chazzal tells us the meaning of a posuk they aren't redefining it but explaining its intention.


6

This is a very important question which bothered me for a long time by until I saw the explanation of Rav Yeruchom Perlow in his introduction to the commentary on the Sefer HaMitzvos of Rav Sa'adyah Gaon. The question that he addresses is why some of the Gaonim and Early Rishonim invested so much time and effort in working out the list of the 613 mitzvos. ...


6

Synopsized from Yad Malachi (K'lalei Haposkim - HSh"' VRM"' #13,14,16,17): When the Shulchan Aruch quotes an unattributed halacha followed by one introduced with the words "yesh om'rim" it indicates that the unattributed opinion is authoritative. This is [almost] universally agreed despite the fact that occasionally the conclusion of Beis Yosef coincides ...


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

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 ...


5

There are different types of Chumrot, as I see it. 1. Fence Sometimes we (personal or dictated by Chazal) need a fence to keep us away from the actual transgression. This way, if we stumble we hit the fence and don't fall into the pit of sin. This is the fence referred to - and recommended - in the first Mishna in Pirkei Avot. This is your typical Humra. ...


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 ...


4

I was always taught that the Mishna is the most authoritative because it was redacted while the braisos were deliberately left out of that text, and this becomes apparent when learning gemara because amoraim following braisos are challenged by quoting mishnayos but rarely the other way around. However the only print source I can think of off hand is The ...


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

R' Nissim Gaon on Shabbos 132b says the following: ובזה הפירוש שפירשנו יסיר מלבך ספק גדול שמסתפקין בו בני אדם ושואלין עליו והוא שאומרין מאחר שאנו יודעין שאזהרת לאו קשה מציווי עשה היאך יבא עשה וידחה האזהרה של לאו שהיא חמורה ממנו ומדרך הידוע שהחמור דוחה הקל ולא עוד אלא שפעמים שעולה על דעתן שיש בענין הזה ענין חזרה בדבר הראשון. והתשובה הוא מה שהקדמנו שהאזהרה ...


4

It does occur sometimes in Midrashei Halacha. See for example Bava Kamma 10b: תשלומי נזק מלמד שהבעלים מטפלין בנבילה מנא הני מילי אמר ר' אמי דאמר קרא (ויקרא כד, יח) מכה נפש בהמה ישלמנה אל תקרי ישלמנה אלא ישלימנה ‘“To compensate for damage" imports that the owners [plaintiffs] have to retain the carcass as part payment’. What is the authority for this ...


4

Regarding Shabbat observance specifically, the idea is not to be a sacrifice, rather there is a specific concept of Oneg Shabbat, doing things which are pleasurable on Shabbat. In terms of the general point, in traditional Judaism, the law is the point. The specific observance of Mitzvos as defined in the Halachic process is what connects us to Hashem and ...


4

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. ...



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