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12

There most certainly is machlokes. Some matters are by already decided by the Rabbeim, etc., but some are a machlokes about what the Rabbeim decided, some are decided by well respected Rabbanim within Chabad (like Rabbi Avraham Chaim Naeh) and some are just a question for a Rav, not having a previous answer, or that are heavily dependent on circumstances. ...


11

If you find that your questions are not being received as they were intended and they were asked with the proper deference (כבוד רבך ככבוד שמים), perhaps you need to ask your question of authorities who are willing to address it, or are comfortable saying they don't know the answer - but may research it. Or, you can ask your question here where you have a ...


10

In terms of why they argue, the Arizal wrote that Beis Shammai embodied the characteristic of middas hadin, strict justice, whereas Beis Hillel embodied the attribute of middas harachamim, mercy. They had world-views which led to their manifold disputes, with B"S consistently falling on the side of stringency and B"H on the side of leniency. (It was once ...


8

This question is dealt with at great length in the Sefer "The 13 Principles of Faith" (Gutnick edition) by Rabbi Chaim Miller in the Eighth Principle, Lesson Seven, based on the teaching of the Lubavitcher Rebbe. He summarizes the chapter as follows: The Sanhedrin of each generation was authorized to overrule any of the derived laws of the previous ...


8

I think that other people have already answered the question, whether in comments or in the question field itself, but I wanted to point out something about the website to which you linked, Mahalia, and to make sure that you see my comments. Michael Hoffman, who authored that article, denies the charges of being an antisemite on the grounds that he doesn't ...


8

Yes, there are thousands of such examples. It's hard to go through one chapter of Mishna without seeing examples of this. Here is a pdf of one chapter of Mishna for your perusal to see many such examples.


7

Beit Shamai and Beit Hillel: The last mishnah in the 1st chapter of Yebamoth brings an argument between Beit Hillel and Beit Shamai. A consequence of this argument was Beit Hillel ruling certain children resulting from the ruling of Beit Shamai mamzerim, (individuals who could not marry regular jews), and Beit Shamai ruling certain children of Beit Hillel's ...


6

Notice the language of the Talmud. No specific area of halacha is mentioned, simply "The law follows us". Also notice that the two sides are Beit Shammai and Beit Hillel. The Talmud in Shabbos outlines Between 3 and 5 disputes between Hillel and Shammai themselves, a mere handful. However, throughout the mishnah, one can see many more argumens between Beit ...


6

I don't know anything about sites you linked to (and I don't wish to read them). But BOTH Hillel and Shamai are considered authentic! (Authentic means real, not fake or incorrectly recorded - are you using a different definition?) Just because we don't in practice follow one authority (Rabbi) or another does not make them not authentic. It's makes them a ...


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

The ש"ך wrote a commentary on the שולחן ערוך. The ט"ז argued with many of his rulings. The ש"ך responded in the נקודת הכסף. The ט"ז responded again in the "דף ארחון". And the ש"ך responded to that in "קונטרס ארחון". (source) In the הקדמה to the נקודת הכסף in יורה דעה, the author, the ש"ך, writes (see there): אל יעלה על לב הקורא בספרי זה שמפני שהיה לי ...


5

The Ben Ish Chai (Shana alef parshas vayeira 21) brings the Levush who writes that by the kever of Yicheskal HaNavi something fell and revealed a very old pair of teffilin and it was keseder Rashi .At first we thought that it is like every machlokes that one shittah iis batel to the other one.That was until the Arizal came and said bkabbalah from the mouth ...


5

The way in which The asker claims to have been answered is certainly questionable. I think it depends on who is being asked. With people in general, it probably stems from humans being human. They live by the words of the challenged authority. Their choice of life stye is thus affronted and personally attacked, (in their minds). The appropriate response ...


4

According to Shu"t Min HaShamayim 3, the question of whether Rashi tefilin or Rabbeinu Tam tefilin is correct is a dispute between G-d and the yeshivah shel maalah. Therefore, when Mosheh got the mesorah from G-d, he only got one opinion.


4

One might ask: if, as we established in Chapter One, all the basic explanations if the laws of the Torah were received from Moses, (the general wording of the laws {written in the Torah} and also the particulars and details of all the laws of the entire Torah were spoken on Sinai- the Tora Kohanim, B'har) then what is that special class of laws ...


4

The sefer Tal Oros gives a wonderful answer to this question. The complete piece, which I recommend reading to fully understand his answer, can be found here, but I will quote the most essential paragraphs: The mitzvah of tefillin requires them to be worn the whole day. However, probably at a time later than that of the Amoraim, that is, during the ...


3

The sefer תולדות תנאים ואמורים here writes that every Rosh Yeshiva had one or more "Tannaim", even in the latter period of the Amoraim, whose job it was to be the resident expert in all the Baraissos (Tannaic teachings) by heart, so that whenever a Baraissa (which were generally learned by heart) was needed he was like a living book and would be able to ...


3

There's another way to approach this question. Consider the US constitution, l'havdil. We have not only the original document, and a record of all the debates during it's composition, but also extensive writings of each of those that participated in it's writing regarding exactly what they meant when they wrote it. Additionally we have a great body of ...


3

I'm going to post how I understand the Mishna Berura's comment, and hopefully that will solve your difficulty. The Shulchan Aruch states (OC 472:1): יהיה שלחנו ערוך מבעוד יום, כדי לאכול מיד כשתחשך; ואף אם הוא בבית המדרש, יקום מפני שמצוה למהר ולאכול בשביל התינוקות שלא ישנו, אבל לא יאמר קידוש עד שתחשך.‏ One's table should be set from before the ...


3

R. Ezra Alteschuler (I think) in the Torah publication הבאר here raises two points on this gemara: 1) Why did they argue for exactly two and a half years? 2) Usually when there is a dispute between Beis Shammai and Beis Hillel it says "Beis Shammai holds like this and Beis Hillel hold like this", but here it doesn't say what each one holds, it merely says ...


3

Mazal Tov, Lee. The primary distinction between their psak is as follows: Rav Mordechai Eliyahu holds that your wife must count 5 days starting from the day she saw her period before making hefsek tahara. Rav Ovadia Yosef holds that your wife must count 4 days starting from the last day she had martial relations before making hefsek tahara. Most women bleed ...


3

The Iggeres HaRav Sherira HaGaon, a fabulous history of the Oral Torah and how it came to be written down in the Mishna and subsequently in the Gemara, speaks to this point. Rav Sherira (ca 900-1000 CE), who was one of the last heads of the Pumbedisa yeshiva, states that following the destruction of the Second Temple, the various rabbis and their students ...


2

Sometimes, the reason is technical: Often, there were only two leaders of the Generation, such as the Nasi and Av Beis Din of the Sanhedrin, or the Rosh Yeshivas of Sura and Pumbedeisa. In post-Talmudic texts, this is often just a preference of the Brisker Method of Talmudic analysis. On a more philosophical level, Occam's Razor applies - why assume ...


2

It seems to me that a disagreement among rabbis can very well acquire the status of a safek. The Gemara in Avodah Zarah (7a) says: היו שנים אחד מטמא ואחד מטהר אחד אוסר ואחד מתיר אם היה אחד מהם גדול מחבירו בחכמה ובמנין הלך אחריו ואם לאו הלך אחר המחמיר ר' יהושע בן קרחה אומר בשל תורה הלך אחר המחמיר בשל סופרים הלך אחר המיקל א"ר יוסף הלכתא כרבי יהושע ...


2

The reason why we can't use 'Moshe Rabeinu's Shittah', is because we don't know it in many instances. This is because when Moshe Rabeinu passed away we lost 3,000 Halachos (i.e. we forgot them during mourning) (Rashi, Yehoshua 1:2). We do have the tools to derive from the Torah what those Halachos are (Moshe Rabeinu taught them to us), but these rules are ...


2

All of the sources I found seem to deal on some level with the investigation of human nature. Ben Jehoaidah, Eruvin 13b explains that Israel, (he says ישראל‏ specifically), was created as a part of the בריאה‏ from the Throne of Glory, citing the Arizal that we were created for the glory of Gd. as opposed to angels who are a part of the יצירה‏. ...


2

I heard an answer to this when I was learning Yevamos, which went as follows: The rule of lo bashamayim applies to deciding matters of halacha. However, it does not apply to clarifying facts. Thus the Gemara in Shabbos 108a (with Rashi): בעא מיניה מר בריה דרבינא מרב נחמן בר יצחק מהו לכתוב תפילין על גבי עור של דג טהור א"ל אם יבא אליהו ויאמר מאי אם יבא ...


2

Tosafot in Yevamot 14a (d"h R. Yehoshua) asks precisely this question. Tosafot answers we don't generally follow the ruling of R. Yehoshua that holds we don't listen to a bat kol. Tosafot goes on to explain that by the Oven of Achnoi everyone agreed not to listen to the bat kol since it was only for the honor of R. Elazar who stated "From the heavens it ...


2

The Tosfos quoted by Double AA answers (as far as I understand it): The point of אשת איש is not to specify the specific case involved, but rather to say it was from a capital case and emphasize that this Mamzer is a Mamzer according to the requirement that the relationship be a capital one (so don't think that we are being overly strict, we think it takes a ...



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