Questions tagged [halacha-theory]
Questions about theoretical issues about psak and general halacha concepts
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Food brachot before and after eating
Does a bracha said after eating a specific food rely on the food being eaten or on the bracha (and its intention) made at the beginning?
If, hypothetically, I make a shehakol at the beginning and then ...
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39 views
Can one make a Siyum During Shiva?
Related to this, this, this and this.
During Shiva, a mourner is allowed to study Sefer Iyov. Assuming that learning this one sefer is enough to make a siyum, could a mourner make a siyum during the ...
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0answers
62 views
What is the source to forbid Toldos תולדות?
There are times that Torah gives specific "examples" of what is forbidden (e.g. 39 melachos given via a reference to the actions done in the משכן or through other means; Or The Torah ...
4
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1answer
562 views
Maggid Mishnah on relying on approximations for π and √2
In a previous discussion, it was stated:
The Maggid Mishnah in Hilchos Shabbos (17:26) says that one may rely on π=3, but he says in Hilchos Eiruvin (3:2) that one may not rely on √2=1.4.
I can't ...
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1answer
69 views
What is the source for non-literal understanding of V'Chai Bahem?
The concept of V'Chai Bahem - "do the mitzvos to live by them" (Vayikra 18:5) - is usually understood to refer to one's physical existence (i.e. the mitzvos should not be performed if they ...
3
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1answer
75 views
Ben Sorer Umoreh/Murderer Absolved?
We are told by the Gemoro Sanhedrin 72A (brought by Rashi on Devorim 21:18) that the Ben Sorer is killed because the Torah foresees that he will eventually kill somebody. However the Rambam rules (...
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1answer
77 views
Anthropology, Structuralism, Halacha
Halacha is a typological ideal which we desire to manifest in our actual behavior. Inasmuch as life itself has a structure, halacha is contoured exactly to life in its entirety and beyond. Halachic ...
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2answers
71 views
Does a mourner sit in a low chair outside the house?
A mourner, during the first 7 days sits on a low chair. The mourner also generally does not leave the house. One exception would be if there is no minyan that can be set up in the mourner's house, so ...
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1answer
63 views
What method is used to halachically pluck a chicken's feathers after shechita
It seems the standard way to remove chickens feathers after slaughtering is to scald the chicken in hot water for up to a couple minutes before plucking the feathers. (as an example, here's some ...
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1answer
58 views
Is there a “pre-aninut” status?
This is a question of 2 different possible statuses, each with its own implications.
In Maurice Lamm's "The Jewish Way in Death and Mourning," he writes (page 26)
He is not considered an ...
3
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0answers
38 views
Can one go from being an Aveil to being an Onein?
A person is an onein while taking care of arrangements for a burial, and, from what I have learned, if that person's work is finished and that person leaves the body or the body leaves the person for ...
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52 views
Aninut and food
After the death of a close relative and before the burial (or the cessation of involvement with the body) one is in a stage of Aninut. During that time, one is exempted (or even forbidden) from many ...
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0answers
102 views
What is the criteria of safek pikuach nefesh?
An expert in a particular field (a doctor, an actuary, etc.) can advise on the risk of mortality from a specific activity of anywhere between 0% and 100%. At what threshold of risk would the halacha ...
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3answers
133 views
Mincha ketana vs just before shekia
I have read that one can pray mincha gedola be'minyan instead of mincha ketana be'yachid.
But would praying "just before shekiya" be'minyan still be more recommended than mincha ketana be'...
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1answer
77 views
Sfek Sfeka for a Bar Mitzvah
Suppose a boy was born Bein Hashemashos. Since this is a period of "maybe it's still day, maybe it's already night," seemingly the doubt would translate into "maybe he was born on day 1,...
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2answers
84 views
Why specifically a fig on shabbos?
Why is a dried fig specifically the quantity one must carry to be liable on Shabbos? I would have thought the size of something functional - an olive, egg, or even a barley corn - would be the ...
4
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2answers
148 views
If somebody does not want to join an eruv
The din is that for an eruv to be kosher everyone in the 'building' has to join. In the olden times each one provided food. If somebody didn't want to, it could be taken by force. Today one person ...
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2answers
95 views
What are the parameters of shomer pesaim Hashem?
While the Torah forbids one to place himself into a situation of danger, some degree of slightly risky behavior is allowable under the concept of shomer pesaim Hashem. Are the parameters of this ...
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1answer
161 views
Tznius in the modern world
In the modern world just walking outside (especially in the summer) presents some pretty significant tznius issues. Presumably you’re allowed to go to the grocery store. Why are we allowed to (much of ...
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50 views
Why will we pasken like Beis Shammai when Moshiach comes if the reason why we follow Beis Hillel is related to the fact that they had more members
It is my understanding per this Mishna that the reason why we rule like Beis Hillel in the majority of cases is related to the rule of "following the majority". I know there are other reasons given (i....
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1answer
100 views
Should we prevent a chumra in the laws of Shabbos that exceeds the normal understanding?
The halacha is that generally a keli shelishi does not cause bishul.
The Chazon Ish says that a keli shelishi (or revii) above yad soledes bo does cook those things that are kalei habishul.
A ...
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1answer
594 views
Is typing or writing the same as “saying” for the sake of Sefirat Ha'Omer?
In an effort to ensure that we only count the Omer with a bracha properly, we are careful not to say what day it is until we have counted formally -- this is discussed and explored here.
But is ...
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2answers
155 views
What was Tamar's capital crime?
On what basis did Judah have the right to sentence Tamar to be burned (Genesis 38)? What capital offense did she commit?
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90 views
Gemara Paskens for itself
Why does the Gemara decide to pasken in a select few cases and otherwise leaves the machlokes open ended for us to decide?
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1answer
75 views
Rules in Halacha
I know in general we rule l'halacha like Beis Hillel except in a few cases. I know there are other rules where one rabbis rulings top another's in general (not referring because of the era they are ...
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1answer
127 views
Are you allowed to risk dying to save others?
I would like some clarification about the risks of trying to save someone's life by breaking a commandment, or pikuach nefesh.
In Bava Metzia 62a, Rabbi Akiva ruled that your life has priority over ...
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0answers
85 views
Is there a Rabbinical stance on “Ghost Hunting” and whether it is an allowable activity?
Strange topic but I was curious if anything existed in relation to it.
"Ghost Hunting" can be done for different reasons. Typically, it's in reference to paranormal investigators seeking evidence of ...
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1answer
62 views
Does one bentch on an achila gasa?
After eating an excessive amount to a point that would be termed achila gasa which I will leave undefined, does a person have an obligation to recite grace after meals (or another bracha achrona as ...
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1answer
62 views
Leaning (heseiba) on Pesach
related to this question
The halacha requires that on Pesach, when drinking at least the first 2 cups of wine or eating the matzah for the mitzvah, a person leans. The S"A (O"C 472:7) codifies it as
...
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0answers
37 views
Why is the use of indoor plumbing allowed on shabbos? [duplicate]
Use of indoor plumbing on shabbos involves moving water or waste from/to public and private domains, which could involve a biblical prohibition of hotzoa. Why is this allowed on shabbos?
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34 views
How did the Rabbis know that people were intentionally leaving food on the stove?
The Talmud (Shabbat 38a) records the following rabbinic decree:
מאי גזירתא דאמר רב יהודה בר שמואל א"ר אבא אמר רב כהנא אמר רב בתחילה היו אומרים המבשל בשבת בשוגג יאכל במזיד לא יאכל וה"ה לשוכח ...
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36 views
Conversion to Judaism (proper) [duplicate]
Well today is the first day of pass over and it has been a year since my conviction that the intellectual-spirtual-natural/theological tenants of Judaism merits validity and spiritual fulfillment in ...
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40 views
How many times does the law follow Samuel in ritual practice?
The Talmud (Shabbat 22a) records the following:
איתמר רב אמר אין מדליקין מנר לנר ושמואל אמר מדליקין רב אמר אין מתירין ציצית מבגד לבגד ושמואל אמר מתירין מבגד לבגד רב אמר אין הלכה כרבי שמעון בגרירה ...
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1answer
129 views
Chayecha Kodmin - Your own life comes first for countries
Although I am loath to ask a Covid 19 related question, one particular current debate caught my attention.
Most readers are probably aware of the gemara in Bava Metzia 62a where we find the rule one ...
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1answer
283 views
How physically close do people need to be for a minyan to count?
The current health situation has resulted in restrictions on large group prayers. Minyans have been included in such restrictions.
Though this is the case, certain groups have been shown praying ...
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2answers
259 views
If our leadership do not take disease outbreaks seriously, are they considered responsible for deaths that follow?
As of late, there has been a controversy in various Jewish communities around the world. Certain Rabbis and certain individuals have actively circumvented the preventative measures to help stop the ...
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1answer
70 views
If a Gett is given on condition the husband does not return what is considered “returning”?
Apologies if this is answered simply elsewhere -- I haven't studied the laws of Gittin, but this question doesn't seem to be addressed in the connected mishna in Gittin 76a.
In Ketuvot, 2b, the text ...
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1answer
109 views
Are Jewish conjoined twins permitted to marry? [duplicate]
Being that it is forbidden to marry siblings may conjoined twins marry? Are they considered siblings or one person?
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1answer
110 views
Can one separate Maaser at a distance from the Tevel to save another from eating Tevel?
I heard a class about the rabbinic prohibition against separating Maaser at a significant distance from the Tevel (שלא מן המוקף). The Rabbi mentioned that one is allowed to violate this prohibition* ...
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1answer
124 views
Why do most Siddurs vowelize Gd’s name?
I’m noticing that in most siddurs, while you’re not meant to pronounce Gd’s name as it’s written, they vowelize the letters as if it’s meant to be said. Is this for kavannah? Why would we need vowels ...
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2answers
107 views
Allegory vs. Literalism in Judaism and How to Tell the Difference [duplicate]
In the following article, the author makes a compelling argument for why Judaism doesn't always approach scripture literally. However, although there are many examples throughout the Bible for the use ...
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1answer
48 views
Is indirect “benefit” (Hana'ah) also forbidden?
Some things are forbidden via halacha in local terms, such as eating, but some things are so forbidden that we may not derive hana'ah, benefit from them in any way. Chameitz She'avar alav HaPesach, ...
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2answers
133 views
When did “Lo B'Shamayim Hi” Come Into Effect?
The concept of Lo B'Shamyim Hi (It is not in heaven) is a central tenet to the Halakhic process amongst Rabbinic Jews and is summarized nicely by this Wikipedia Article:
The phrase "not in Heaven" ...
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1answer
72 views
Volunteering to pay for an ulterior motive
I have been trying to put into words what I think might be wrong with this hypothetical -- I'm not even ready to ask about a halachic answer because I'm not clear on what the halachic question is:
I ...
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3answers
1k views
What was the source of Samson's strength?
It’s a popular notion that the source of his strength is his hair, but that doesn’t seem right to me.
Most supernatural powers are blessings by God for some purpose. It is known that Samson was a ...
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0answers
79 views
A woman saying Shehechyanu on Channukah
I have been reviewing some discussions of a married woman's obligation to light Channukah candles. It appears that according to some, a married woman, whose husband is lighting at home does not light. ...
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1answer
85 views
How could Yehoshua hold up the sky without the consequences in the natural order? [duplicate]
I heard one explanation of this passage in Sefer Yehoshua, that the "stopping" of the sun had to do with the ceasing of its light. Yehoshua arrives at Giv'on at night, and thus Yehoshua prays for the ...
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1answer
63 views
Differences in Halachic wording - “This isn't X” or “This is not Kosher X”
In Succah 8b I noticed two different wordings regarding a Succah:
א"ר לוי משום ר"מ שתי סוכות של יוצרים זו לפנים מזו -
הפנימית אינה סוכה
R' Levi said in the name of R' Meir: two craftsmen’s ...
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2answers
149 views
Justice, mercy and halacha?
The prophet Micah said: Micah 6:8
It has been told you, O man, what is good and what the Lord requires of you:
Only to act justly [‘asot mishpat], to love mercy [ahavat chesed], and to walk ...
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1answer
101 views
What is the finest measurement in the Talmud?
The standard Talmudic measures of length include, for example, Amah, Tefach, and Etzbah. But those measures are pretty loose, around 20% of freedom.
What object or usage, in our Halacha, requires the ...
