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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 ...


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

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 ...


6

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

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 ...


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 ...


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

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

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

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 ...


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

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

First considering that Gemarra was codified traditionally in 450 more likely in 960 in either case centuries after many of these debates occured, so precise details in how they occurred were not recorded by any person with living memory of them. However, there is no reason to believe that they occurred any differently than debates amongst Rabbanim(and more ...


2

A brief answer, which I'll update with sources, b'ezras Hashem, another time: A large part of it is a question of methodology. Rashi generally takes each piece of Gemara on its own terms and explains it in a way that fits in context; he generally doesn't attempt to compare/contrast it with other places in the Gemara. (In this he is similar to Rambam, who ...


2

The footnotes for the Eliyahu Touger translation( at the chabad.org site), on Hilkhot Temidin u-Musafin 7:7, for "[i]f it was reaped during the day, it is acceptable"(fn 18), say: Menachot 72a states that the Sages that maintain that it is acceptable to harvest the barley for the offering during the day do not accept the view that this barley may be ...


1

The Aruch Hashulchan that you refer to, clearly explains that nowadays you cannot wear Rabbeinu Tam Tefilin exclusively. He admits that in very early times there was an argument, but then demonstrates how we Pasken like Rashi. ופלא שהרא"ש והטור וכמה מראשונים סבירא להו דרב האי פסק כרבינו תם, והרמב"ם כתב שפתחו תפליו ואינו כן. ובמרדכי וכן בשארי ראשונים ...


1

Tosafos ד"ה יוסי in Chagiga Daf ט"ז says that the Machlokes between Beit Shammai and Beit Hillel was caused by students who didn't do enough שימוש by their teachers. Essentially the students didn't spend enough time studying, possibly out of laziness, as we see Hillel accusing בני בתירא of doing in פסחים on Daf ס"ו. Hillel and Shammai themselves only ...


1

the reason is that until then questions were brought to the sanhedrin, which followed "acharei rabim lehatos", therefore any opinion that didnt win the majority vote was discarded. however King Herod nullified the sanhedrin. therefore when hillel and shamai had different opinions, even though they followed majority in their own school, they couldn't come ...


1

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 ...


1

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 ...


1

We are saying that since according to one opinion you are still obligated to say the Beracha properly it follows that you should hear the Beracha from the Chazzan (or someone else) so that it will be a fully valid Beracha (שומע כעונה) without even a doubt of a ברכה לבטלה. To say the Beracha without Shem Umalchus is not an option if you could hear it from ...


1

The laws could have been forgotten. 3,000 (!) halachos were lost in the time of the mourning for Mosheh (Rashi, Yehoshua 1:2). However, the only disputes were in matters of logic, but not in tradition (Tosfos Yom Tov, Avos 1:4).


1

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 ...



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