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5

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 ...


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 ...


0

It's about respecting authority. First the authority of our legal system, then the authority of parents.


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.


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 ...


0

I believe the term is based on .גמרא נדה נט where the גמרא discusses being strict / lenient with כתמים which are דרבנן. אמר רבינא לא להקל על דברי תורה אלא להחמיר על דברי תורה וכתמים עצמן דרבנן See רש"י there who elaborates further. Another גמרא has a closer expression: :נידה סא לא הותרו בגדי צבעונין לאשה אלא להקל על כתמיהן


0

1a) See the Rambam הלכות סנהדרין והעונשין המסורים להם - פרק שמונה עשר ב: כָּל לָאו שֶׁאֵין בּוֹ מַעֲשֶׂה אֵין לוֹקִין עָלָיו חוּץ מִנִּשְׁבָּע וּמֵימֵר וּמְקַלֵּל אֶת חֲבֵרוֹ בְּשֵׁם. ‏ Bet Din would not punish for non-actions with the exception of [false]-oaths, persuading others to transgress and cursing. So Bet Din would not punish you for ...


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 ...


0

I personally like the wikipedia standard of verifiability and I try to apply it to myself and others on the internet. If someone just states a fact as true, I usually find it suspect. If something is true, it should be possible to provide a verifiable source. Verifiable means that "I heard from a friend" doesn't work because the reader can't verify it. ...


0

According to the opinions that one must wait a given amount of time, the only way they were able to rely upon the washing and bentching option previously was because it was a societal norm to wash in such a manner and therefore there was an assumption that it would happen on its own accord. At a time however when it is not a given to be done, one may not ...


2

The Geonim mostly lived in the Middle East, while the Rishonim mostly lived in Europe. So it seems likely that their opinions reflect different local customs. If your local custom is stricter than the established halacha, you can keep it while still recognizing the intellectual authority of those whose halachic ruling is more lenient.



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