Questions tagged [halacha-theory]
Questions about theoretical issues about psak and general halacha concepts
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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
40 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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1answer
52 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" ...
4
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1answer
67 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 ...
4
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3answers
999 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 ...
4
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0answers
73 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
77 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
61 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
117 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
96 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 ...
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88 views
In case of Halachic doubt should one ask a Rabbi or assume anything will work? [duplicate]
Following comments on my other question "how-an-open-succah-oriented":
Let's imagine one is facing a new Halachic reality he never heard of: he always built Succah on his 5th-floor balcony and then ...
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45 views
Is there Biblical reference to the existence of Halachah Lemoshe Misinai?
The definition of the Law(s) of Moses Misnai in WIKI from the Talmudic Encyclopedia (see also here):
A Law given to Moses at Sinai refers to a halakhic law for which there is no biblical reference ...
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1answer
239 views
Why was Ruth's conversion acceptable?
Most rabbis do not allow conversion for ulterior motives (e.g to marry a Jew), because it is not for the sake of God.
Let us look at the words of the prototypal convert in the Tanach. What did she ...
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41 views
Does existence of a Machlokes prove the lack of established Halachah?
I'm trying to understand the methodology and the dynamics of the Halachah and when the Gemmorah presents a Machlokes that is resolved generations later I arrive at the conclusions that there was no ...
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56 views
Seeking a comparison of Jewish and America law [closed]
There are at least several questions on this site about comparisons of Jewish and American law (samples below). I seek an article or book that compares Jewish and America law (where they overlap).
...
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2answers
114 views
Does the mitzvah of knowing Torah exist as separate from mitzvah of learning Torah?
According to views of some authorities (Shulchan Aruch HaRav and others), learning without pronouncing words or listening to Torah recordings does not qualify as the mitzvah of Talmud Torah. ...
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1answer
60 views
What areas of Halochos require definition of a house/dwelling?
Following my previous question,
What Halochos require defining a Kosher dwelling/house, like "is such a house Kosher for Y"?
For example, we can surely ask it for a Succah, or a Mezuzah or for ...
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55 views
Sources for juxtaposing two opposing approaches to Jewish Halachah
Throughout different realms of Halochos I spot two opposing approaches to ruling the practical Halochos - let's call them Absolute and Personal:
The Absolute approach rules/proposes Halochos that ...
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25 views
What is the source for the omnisignificance of Torah [duplicate]
In his book, The Idea of Biblical Poetry: Parallelism and Its History professor James Kugel discusses the idea that each and every word (letter?) in the Torah posses significant meaning (pp. 104-105), ...
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2answers
60 views
How to differentiate between a “revealed” Halacha and Paskened one?
THis question mimics a similar question about mathematics - is it discovered or created.
Our Rabbis ruled a lot of Halochos. Some of them are considered "the revelation of the original Halochos G-d ...
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3answers
105 views
How do we know something is “Halacha Lemoshe Misinai”?
When I read in the Talmud, Shulchan Aruch, etc. that a halacha is halacha leMoshe Misinai (a law given to Moses at Mt. Sinai), I compare it to a "postulate". It seems like a statement or rule that we ...
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1answer
80 views
Inventing Halachot or revealing (restoring) them?
תנא אלף ושבע מאות קלין וחמורין וגזירות שוות ודקדוקי סופרים נשתכחו בימי אבלו של משה: אמר רבי אבהו אעפ"כ החזירן עתניאל בן קנז מתוך פלפולו
One thousand and seven hundred inferences, and verbal ...
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Source of opinion that Talmud Yerushalmi was corrupted by Karaites
In the entry for Talmud Bavli/Yerushalmi in Chida's Shem Hagedolim Hashalem (c.1800, the older versions do not have this paragraph), he references a theory from maskilim of his time that the Rabbis ...
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63 views
Streaming services on Shabbat and holy days [duplicate]
More and more non-traditional congregations stream their Shabbat and Yom Tov services, for the benefit of hospital patients and shut-ins.
If done automatically, or managed by Gentiles, or started ...
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1answer
100 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 ...
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1answer
93 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 ...
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29 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 ...
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1answer
68 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 ...
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157 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 ...
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66 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 ...
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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 ...
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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 ...
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1answer
51 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 ...
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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 ...
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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 ...
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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 ...
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1answer
50 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 ...
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29 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 ...
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15 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 ...
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1answer
77 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 ...
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1answer
92 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 ...
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68 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 ...
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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 ...
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1answer
47 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,...
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1answer
72 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
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0answers
38 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
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1answer
127 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 ...
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66 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, ...
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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 ...
3
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1answer
65 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 ...
