Questions tagged [halacha-theory]
Questions about theoretical issues about psak and general halacha concepts
827
questions
0
votes
1answer
53 views
Is one allowed to publicize stories about Rabbis without asking them first?
THe approach of learning Halochos or Middos or behaviors from observing Tzaddikim's behavior alone is very common in our literature and is even rooted in Gemmorah (Brochos 62):
תניא אמר רבי עקיבא ...
4
votes
1answer
73 views
When and why did we stop to receive lashes on Yom Kippur as Shu"A prescribes?
Shu"A Orach Hayim 607.6
כל הקהל לוקים מלקות ארבעים אחר תפלת המנחה
שמתוך כך יתן אל לבו לשוב מעבירות שבידו:
הגה ונהגו שהנלקה אומר וידוים בשעה שנלקה וכו'
All of the congregation receives ...
-2
votes
0answers
43 views
Confusion between Kosher Torah Scroll in Greek and Chumashim?
When discussing the question of "why-is-a-greek-torah-scroll-kosher", the Mishna in Meggila 1.8 reads:
אֵין בֵּין סְפָרִים לִתְפִלִּין וּמְזוּזוֹת אֶלָּא שֶׁהַסְּפָרִים נִכְתָּבִין בְּכָל לָשׁוֹן, ...
1
vote
0answers
25 views
Were Kohanim in the Temple obligated in Torah reading?
Following "synagogue-in-the-temple",
In the times of the Second Temple, assuming that not all Kohanim were involved in Temple Service all the time:
Were they obligated in Torah reading and was ...
0
votes
1answer
67 views
What is the Chidush that Parashat Hamelech is read off the Torah scroll in Hebrew?
ואלו נאמרין בלשון הקודש: מקרא ביכורים, וחליצה, ... ברכת כהנים,... ופרשת המלך... (Sotah 32a)
these are recited only in the sacred tongue, Hebrew: Bikkurim and Chalitzah and the blessings and ...
1
vote
3answers
149 views
Source for “no Yetzer Harah when a Torah Scroll is opened/read”?
Following my question on "separation of men and women on Hakhel",
in this Drashah (thanks Lee) R' Uri Sherki (Mercaz Harav) explains the lack of separation of men and women on Hakhel by the fact ...
0
votes
0answers
64 views
Source that Power generators on Shabbos override Shlom Bayt (in Israel)
Power generators are very popular with Haredim in Israel that traditionally don't rely on Isral Electric Company's electricity on Shabbos.
On Rosh Hashana, the power generator of a famous Yeshiva in ...
1
vote
0answers
14 views
Considerations for electing the Nassi - theoretical vs practical?
In theory Rambam Hilchot Sanhedrin 1.3 teaches us:
הַגָּדוֹל בְּחָכְמָה שֶׁבְּכֻלָּן מוֹשִׁיבִין אוֹתוֹ רֹאשׁ עֲלֵיהֶן וְהוּא רֹאשׁ הַיְשִׁיבָה וְהוּא שֶׁקּוֹרִין אוֹתוֹ הַחֲכָמִים נָשִׂיא בְּכָל ...
1
vote
0answers
14 views
Is one allowed to endanger his life for learning Torah like Hillel did?
The famous story about Hillel's devotion to Torah learning, in Yoma 25b, tells that Hillel endangered his life by trying to listen to Shmayah and Avtalyon in extremely cold weather until he fell ...
-1
votes
0answers
16 views
Can a prophet contradict Sanhedrin?
A supplementary question to "can-sanhedrin-disregard-or-contradict-a-prophet".
IIRC, the Halachah is not SET by a prophet, but he can definitely hold a different, Heavenly opinion (see Tanuro ...
0
votes
1answer
47 views
If “not in Heaven”, can Sanhedrin disregard or contradict a prophet?
It is a Mitzvah to listen to a prophet (non-capital) and it is a Mitzvah to listen to the Sanhedrin (capital).
While it's accepted that a prophet can't establish new Halochos, he can command on ...
0
votes
0answers
26 views
High Priest vs Sanhedrin - who decides?
Who outpowers whom in Halochos of running the Temple - the Nassi and the Sanhedrin or the High Priest and his team of working Kohanim, assuming he's a Chacham also?
If the Sanhedrin, what means do ...
1
vote
0answers
25 views
Can external criteria be considered when setting the Halacha?
וכי מאחר שאלו ואלו דברי אלהים חיים מפני מה זכו בית הלל לקבוע הלכה כמותן? מפני שנוחין ועלובין היו ושונין דבריהן ודברי בית שמאי ולא עוד אלא שמקדימין דברי בית שמאי לדבריהן
The Gemara asks: Since ...
-2
votes
1answer
31 views
What does it mean “נצחוני בני” after “לא בשמים היא” and “אחרי רבים להטות”?
There's something seemingly erratic in Heaven's behavior as reflected in the Gemmorah.
If "לא בשמים היא" and "אחרי רבים להטות" were established Heavenly Halachot why would G-d smile and state "My ...
1
vote
1answer
49 views
If “not in Heaven” how could Nac"h be the source of Halacha?
As the Gemmorah states (Temura 16a), the idea of "Not in Heaven" traces back to Moses' death and Yehoshua was the first asked to use it and he refused, referring to that verse.
Nevertheless, from ...
1
vote
0answers
28 views
Why let the Sages stay anonymous in arguments?
This bothers me a lot - the idea of using anonymous "Chachamim" in arguments. I don't understand why is it important or useful to hide their names.
The Mishnah uses it extensively and makes it very ...
-1
votes
0answers
43 views
How were the Qumran people allowed to use a solar calendar?
Follow up on this question which assumes that the basis of having the Judaic calendar as a primarily lunar calendar is based on a Mechilta interpretation that God showed Moshe the moon. In a sense, ...
0
votes
0answers
14 views
Additional examples of Appealing to Bat Kol?
Besides Tanuro Shel Akhnai story (B"M 59b) where R' Eliezer appealed to the Heavenly voice to prove him right, what are additional examples of Chachamim appealing to the Bat Kol to prove their ...
-2
votes
0answers
45 views
Can presenting a Talmudic story as a dream be a valid interpretation?
I asked once about the boundaries of the Talmudic interpretation, but this Metivtah literally blew me off my feet (on B"M 59b, Tanuro Shel Akhnai):
I think Rabeinu Chananel is a respected Rabbi but ...
1
vote
1answer
73 views
How life stories turned into Halachot - Mishnaic examples?
The first Mishna in Brochos states:
מעשה ובאו בניו מבית המשתה אמרו לו לא קרינו את שמע אמר להם אם לא עלה עמוד השחר חייבין אתם לקרות
There was an incident where Rabban Gamliel’s sons returned ...
3
votes
1answer
80 views
Do halachic authorities actually believe in eilu v'eilu?
This answer https://judaism.stackexchange.com/a/93714/13680 states the following viewpoint
[...] HKB"H does not care about the truth anymore, as long as they arrived at their conclusion sincerely ...
0
votes
2answers
62 views
Why didn't the Heavenly Voice testify for Elu Ve'Elu in Tanuro Shel Achnai argument?
There are a couple of iconic arguments in our Gemmorah and Tanuro Shel Achnai (BM 59)is surely one of them. Here's a short recap:
R' Eliezer had an argument with some Chachamim, and R' Yehoshua was ...
5
votes
4answers
1k views
Is there a concept of “peer review” in Rabbinical Judaism?
"Peer review is the evaluation of work by one or more people with similar competences as the producers of the work (peers). It functions as a form of self-regulation by qualified members of a ...
1
vote
1answer
44 views
Elu Ve'Elu - can half truth be called truth? [duplicate]
Many Talmudic sources themselves, interpreters and commentators seek to reconcile contradicting opinions by steering each opinion off to a different scope/topic.
Someone gave an example of a cylinder,...
-1
votes
0answers
15 views
How Eilu V'Eilu “דברי אלקים חיים” means “those are both TRUE”?
In the famous saying "אלו ואלו דברי אלקים חיים" (see Eruvin for example),
what does "דברי אלוקים חיים" mean? Does it appear as a verse in Nach? Why in the name of אלקים? What does Jיים mean here? ...
1
vote
1answer
29 views
Eilu V'Eilu from Heaven - who said it applies to every Rabbi?
IIRC, the only examples of Elu Ve'elu (אלו ואלו דברי אלקים חיים) appear in the Talmud in the name of the Heaven (see here):
Machlokes B"H and B"S (see for example Eruvin 13b): ...a Divine Voice ...
3
votes
0answers
37 views
What is the halacha if a Jew injures another Jew during battle training?
I am not aware of any information in the written or oral Torah which discusses what was involved in preparing Jewish army troops for battle, but I assume that soldiers would spar with each other and ...
2
votes
0answers
72 views
Reasons for scattering Talmudic subjects over different Masechtot
It is easy to criticize the Rabbinical sources for inconsistency, as I did many times, but I would truly like to find a plausible and reasonable explanation for a certain trend in the Talmud based on ...
-3
votes
0answers
64 views
What's the reasoning behind “לעולם ישנה אדם לתלמידו דרך קצרה”?
As I can clearly see the Talmud suffers greatly from the conciseness of the Mishna (and similar Mishnaic sources), its statements are easy to remember but sometimes hard to understand as the phrasing ...
1
vote
0answers
65 views
Examples of a decision ruled by voting of Sanhedrin in the Talmud
If I understand correctly the Peshat of the Torah (Deut 17), when a Machlokes raises, there's a simple and Kosher way of resolving it - gathering the High Court and voting on it and, of course, ...
0
votes
1answer
68 views
Why Levi'im's holding of their cities is not called נחלה? [closed]
Following my previous question "measuring-levis-cities".
The tribe of Levi got hold of the Cities of Refugees. IIRC, they all received some real estate inside and outside the walls that they ...
-1
votes
0answers
28 views
Why did the Sages suddenly stopped relying on Bat Kol? [duplicate]
:אמר רבי אבא אמר שמואל
,שלש שנים נחלקו בית שמאי ובית הלל
.הללו אומרים הלכה כמותנו והללו אומרים הלכה כמותנו
יצאה בת קול ואמרה אלו ואלו דברי אלהים חיים הן והלכה כבית הלל
Rabbi Abba said that ...
3
votes
1answer
61 views
Does “לא בשמים היא” apply to Moses?
גופא אמר רב יהודה אמר שמואל:
,שלשת אלפים הלכות נשתכחו בימי אבלו של משה
"אמרו לו ליהושע שאל א"ל "לא בשמים היא
Rav Yehuda says that Shmuel says: Three thousand halakhot were forgotten during ...
1
vote
0answers
26 views
How much should Rosho Verubo be for Succah measurements?
The Gemmorah (Succah 3 and Mishna on 28) states that the requirements for a Succah are that a person can fit it "ראשו ורובו" - the head and most of the body.
IIRC the average body is 3 Amot (18 ...
5
votes
1answer
65 views
Why are some sins counted twice?
I am looking to understand the theology behind a negative commandment being repeated in the Torah in order to make whomever transgresses it punishable for 2 sins.
See for example Rashi on Vayikra 25:...
4
votes
0answers
32 views
Do we have Hilchot Shotrim (Policemen laws)?
"מִצְוַת עֲשֵׂה שֶׁל תּוֹרָה לְמַנּוֹת שׁוֹפְטִים וְשׁוֹטְרִים בְּכָל מְדִינָה וּמְדִינָה וּבְכָל פֶּלֶךְ וּפֶלֶךְ שֶׁנֶּאֱמַר (דברים טז יח) "שֹׁפְטִים וְשֹׁטְרִים תִּתֶּן לְךָ בְּכָל שְׁעָרֶיךָ".
...
1
vote
0answers
34 views
Underage Jewish King in Judaism
Parshas Shoftim deals with some Mitzvos for a Jewish King. IIRC, a son inherits his father king and can be appointed as such at any age1 - Solomon, for example, was 12 and Yoash was 7 ("בֶּן-שֶׁבַע ...
2
votes
1answer
52 views
What's more important in deciding halacha - precedent or the present?
Rashi, explaining the pasuk on inquiring of a judge (Devarim 17:9), says
"and to the judge who will be in those days": Although this judge may not be [of the same stature] as other judges who ...
2
votes
1answer
71 views
Is conspiracy a crime under Jewish law? If so, under what circumstances?
In US law, criminal conspiracy is a crime. (See below for definition.)
Is there a similar concept in halacha and, if so, under what circumstances and how does it work (e.g., when is it a crime and ...
1
vote
1answer
233 views
Does Isaiah 66 say that the non-Jews can keep Shabbos?
Given the context of Isaiah, I always seen the expression כל בשר as a reference to am yisroel, given the expressions of לא רחמה and לא עמי in Hosea 1-2. I've always understood it as all Israel in its ...
1
vote
0answers
40 views
Is synthetically generated water Kosher for Mikve? [duplicate]
Following "was-beer-miryam-kosher-as-a-mikve",
Water can be generated synthetically from hydrogen and oxygen (don't try it at home!).
Is this water Kosher for Mikve dip?
7
votes
3answers
213 views
Did Israelites who stayed in Egypt become halachically Jewish?
Some sources indicate that not all of the Israelites left Egypt during the Exodus. On the other hand, the initial "conversion" of the Israelites to Judaism occurred at Matan Torah at Mt. Sinai during ...
-1
votes
1answer
96 views
Was Be'er Miryam Kosher as a Mikve?
Following "did-the-bnei-israel-go-to-the-mikveh-in-the-desert":
Based on our Halacha, given its divine supernatural essence, would Be'er Miryam be Kosher as a Mikve, if its water would pour out to a ...
8
votes
4answers
197 views
What are the Biblical sources for rabbinic authority?
I am currently learning in a s'micha program. I was challenged by one of my old friends to find a source for our modern understanding of rabbinic authority that does not require circular reasoning ...
5
votes
1answer
255 views
Which drashot require a mesorah?
From what I've heard, two of them have definite rules:
Kal Vachomer doesn't need a mesorah.
Gezeirah Shavah does need a mesorah.
But what about everything else, such as a Hekesh, or a Clal u'prat, ...
2
votes
1answer
78 views
Birchas Ha'Gomel and probabilistic dangers
There are many questions of the type "Is Bh"G said after X". The simplified understanding of the Gemmorah in Brochos 54b (see Rash"i "צריכין להודות - כשיוצאין מן הסכנה:") is that the 4 cases present [...
-2
votes
1answer
84 views
Why there's no Deoraytah prohibition of altering Torah scroll?
Following my other question "no-anti-altering-failsafe-measures". Please correct me if I'm wrong, one who alters one letter of a Torah scroll invalidates it in whole (שו"ע יו"ד רעד).
But I don't ...
-2
votes
2answers
69 views
Does Judaism discourage inquiring after the dead? [closed]
My aunt has recently passed away suddenly. It is hard to believe. Although I am coming to understand more and more the meaning of her passing, I am still unsettled that HaShem has let this decree ...
4
votes
0answers
54 views
Why does steam impart dairy or meat status onto a cover?
Steam is a separate category as aroma in hilchot Kashrus. The former, if hot, contacts a pot cover, that cover would take on the dairy or meat status of the food below it. However, when water is ...
6
votes
3answers
508 views
Understanding the reasoning for “be killed rather than kill”
Sanhedrin 74a teaches us the source for how we know a person should be killed rather than kill:
סברא הוא [...] מי יימר דדמא דידך סומק טפי דילמא דמא דהוא גברא סומק טפי
It's based on logical ...
