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14

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.


11

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. ...


9

The question as currently phrased is asked by, among others, R. Yosef Albo in Sefer HaIkarim 3:23 (which is why I'm unsure as to why it still has a negative score). Since I don't have a better way of doing this, I'm going to just paste here what I wrote to this similar question, with a couple of variations. 1. Idiomatic Expressions Some differences between ...


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

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 ...


6

This is an oversimplification, but the question is also very general. I will preface with another two questions. Why is it that if someone rules according to Beis Shamai, or for that matter any opinion in the gemara that we don't rule with he is chastised, even when being stringent, but when it comes to geonim and rishonim there is an allowance to use other ...


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

As was pointed out by @DoubleAA in the comments, the turning on of many types lights is biblically prohibited on the sabbath. I will address in this answer those types of lights assumed by some to be only rabbinically prohibited. Even something which is only rabbinically prohibited is included in the prohibition of Amira LiNachri (asking a gentile). The ...


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 ...


5

Put quite simply, the Rambam's Mishneh Thorah is not only the most complete, but the most simple and easily understood of codified halakhah ever written. Although he is often portrayed as an innovator when it comes to codification, this is simply untrue. Rather, he should be properly seen as capstone - the makeh be-faTish as it were - in this endeavor. ...


5

I'd say if an average human, using an average human brain and eye, can't figure out the pattern, that's good enough. Rabbi Asher Weiss discusses the criteria of "does an unaided human notice it?" with regards to triggering some change deep instead some semiconductor someplace that I'd never notice. He points out that I may not drag a heavy bench on shabbos ...


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

To answer a mistaken premise of the question -- boneh is possible on the human body. See Shabbos 107a: המפיס מורסא בשבת אם לעשות לה פה חייב אם להוציא ממנה לחה פטור If someone pops a pimple on Shabbos -- if he did so to make an opening, then he is liable for punishment; if he intended to remove the pus from inside, he is not liable Rashi there ...


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 ...



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