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Questions tagged [halacha-theory]

Questions about theoretical issues about psak and general halacha concepts

7
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2answers
101 views

If a Mesorah for letter pronunciation is rediscovered, would we have to change our pronunciations?

Let's say that someone finds some historical evidence that a particular system of pronunciations, whether it be currently extant or not, is the one which Klal Yisrael used at the time of Kabalas ...
-1
votes
1answer
25 views

Who was responsible for keeping the original measures - weights and rulers?

The Torah obligates us to keep the proper measures in weights and rulers, like Amah and Tefach and Log and Shekel and Selah. Let's imagine there's an argument in court about house footage - one says ...
-2
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0answers
38 views

Principal differences between ancient Sifrei Torah

Many questions already dealt with the "authenticity" of our Masora (Torah Scrolls): why-does-orthodoxy-hold-that-the-torah-has-not-changed, has-the-torah-been-changed-over-the-ages and many more. I ...
4
votes
1answer
43 views

How do we explain the application of כל הקבוע כמחצה על מחצה and כל דפריש מרובא פריש?

related: Does דבר שיש לו מתירין apply to כל דפריש‎? Sh O, O Ch, 439 (1). This is one of the places where we find the difference between כל הקבוע כמחצה על מחצה and כל דפריש מרובא פריש. דין מי ...
0
votes
1answer
91 views

Should Moshiach be Gdol Hador according to Rambam and R' Akiva?

Rambam Melachim 11 states that Moshiach should be one who studies Torah: "וְאִם יַעֲמֹד מֶלֶךְ מִבֵּית דָּוִד הוֹגֶה בַּתּוֹרָה וְעוֹסֵק בְּמִצְוֹת כְּדָוִד אָבִיו." "Now, if a king should ...
4
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0answers
53 views

Clarification on the rule “זה נהנה וזה לא חסר”?

The source is in B"K 20. What is meant by "זה נהנה" and what is meant by "זה לא חסר" - is that only direct monetary damage, indirect damage, psychological/spiritual damage, temporal inconvenience etc?...
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0answers
15 views

Confusion between כבוד and מורא in honoring the King?

Rambam (Melachim 2) mentions a great deal of כבוד we should have for our King: "כָּבוֹד גָּדוֹל נוֹהֲגִין בַּמֶּלֶךְ." ..."כְּדֶרֶךְ שֶׁחָלַק לוֹ הַכָּתוּב הַכָּבוֹד הַגָּדוֹל. וְחִיֵּב הַכּל ...
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When is the right time to appoint a Jewish King?

The Torah says that appointing of the King follows entering the Land, conquerring and occupying it (Deut 17:15): "כִּי־תָבֹא אֶל־הָאָרֶץ אֲשֶׁר ה"א נֹתֵן לָךְ וִירִשְׁתָּהּ וְיָשַׁבְתָּה בָּהּ ...
1
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1answer
173 views

How did Tzedukim practice fundamental Halachic principles not mentioned in the written Torah?

Many basic and fundamental Halachic principles are not mentioned in the Torah at all but learned by the Sages only from some [even seemingly unrelated] Psukim. For example, Kiddushin is not mentioned ...
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0answers
62 views

The Four Authorities of a theoretical Halachic Jewish State

I have found traditionally four types of authorities for the governing/ruling of the Jewish nation: A Prophet (like Moses or Shmuel) A Kohen Gadol (Pinchas) Sanhedrin with Nessi A King (Saul, David) (...
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0answers
53 views

Is there a concept of imprisonment in Jewish law? [duplicate]

Outside of a case I can't exactly recall (where Reuvein hurts Shimon and we don't know if Shimon will survive, Reuvein is held in like a prison until he gets better or dies), it seems that Jewish ...
4
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0answers
50 views

The Tzidokim and Halacha

During Beis Sheini, as far as i understand the tzidokim were the majority of Cohanim at the time. And as far as i understand they sat on the Sanhedrin. When we see a machlokes in the Mishnah and we ...
7
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2answers
574 views

When, halachically, does a sect of Judaism become an independent religion?

When Christianity began many followers considered themselves Jews, the same could be said for followers of Shabbtai Tzvi. I don't believe there is anyone today who would argue that a child born to ...
6
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1answer
70 views

Is “tzaar ba'alei chaim” from the Torah, and if so what's the source?

Is there a mekor (scriptural source) for "tzaar ba'alei chaim" (loosely, cruelty to animals) in the Torah? Halacha L'Moshe M'Sinai (ancient but associated more strongly with the oral tradition than ...
1
vote
1answer
74 views

Where does the power of a Jewish king to sentence to death come from?

Rambam Melachim 3:8: "כָּל הַמּוֹרֵד בְּמֶלֶךְ יִשְׂרָאֵל יֵשׁ לַמֶּלֶךְ רְשׁוּת לְהָרְגוֹ. אֲפִלּוּ גָּזַר עַל אֶחָד מִשְּׁאָר הָעָם שֶׁיֵּלֵךְ לְמָקוֹם פְּלוֹנִי וְלֹא הָלַךְ אוֹ שֶׁלֹּא יָצָא ...
2
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0answers
38 views

Four types of sources for Halochos

In our Kolel I have found a printed page with the following content and I would like to know if it's just somebody's private summary or has a source: Four types of sources for Halochos (from the ...
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0answers
46 views

How can a cemetery be Tahor?

In the Kitzur Shulchan Aruch in 128:13 he states, regarding going to a cemetery on Erev Rosh Hashana: וְגַם מֵחֲמַת שֶׁהוּא מְקוֹם קְבוּרַת הַצַּדִּיקִים, הַמָּקוֹם הוּא קָדוֹשׁ וְטָהוֹר, ...
2
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0answers
36 views

Riggs V Palmer in Halacha

As per Wikipedia: In Riggs, a probate suit, the plaintiffs, Mrs. Riggs and Mrs. Preston, sought to invalidate the will of their father Francis B. Palmer; testated on August 13, 1880. The defendant ...
3
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0answers
84 views

How sick does one have to be to qualify for a “Mi Shebberach”? [duplicate]

Are there guidelines about how sick you have to be to be included in the mi shebberach list read during the torah service? A cold? Bronchitis? The flu? Pneumonia? I'm not asking about private ...
6
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1answer
111 views

Halachic status of ישמך אלקים כאפרים וכמנשה

Yaakov blessed Ephraim and Menashe by stating that future generations would bless their children by saying "ישמך אלקים כאפרים וכמנשה" - "God make you like Ephraim and Manasseh" (Gen. 48:20). Was this ...
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0answers
27 views

Where ואהבת לרעך applies to one's wife?

In Kiddushin 41a we read that if the wife is/becomes repulsive to her husband he [might be] overriding/transgressing the Mitzvah of ואהבת: "דאמר רב יהודה אמר רב אסור לאדם שיקדש את האשה עד שיראנה ...
0
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1answer
59 views

Do women always love their husbands?

Following the previous question: "obligation-to-see-a-woman-prior-to-kiddushin" the Gemmorah (Kiddushin 41a) states that: "אבל בהא איסורא לית בה כדר"ל דאמר ר"ל טב למיתב טן דו מלמיתב ארמלו ...
1
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1answer
49 views

Clarification on obligation to see a woman prior to kiddushin

Kiddushin 41a: "דאמר רב יהודה אמר רב אסור לאדם שיקדש את האשה עד שיראנה שמא יראה בה דבר מגונה ותתגנה עליו ורחמנא אמר "ואהבת לרעך כמוך" Rav Yehuda says that Rav says: It is forbidden for a ...
1
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2answers
158 views

Additional Oral Law classification systems?

This question is a follow-up to the "no-form-for-the-oral-law" question. These are the systems of organizing the total Oral Law (as opposed to Mitzvos Classification systems) that are known to me: ...
0
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0answers
30 views

What part of Yossef's behavior is permitted by the Rabbinical Halachah?

This question is a follow-up to @SAH's "time-to-act-for-Hashem-and-doing-whatever-you-want". I'm trying to understand, according to Meforshim, what part of Yossef's behavior with his father and ...
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0answers
11 views

Yitroh's advice - were the chiefs limited to monetary matters?

Does "הדבר הקטן" refer to monetary matters (דיני ממונות) and "הדבר הגדול" refer to criminal matters (דיני נפשות) or were they also allowed to judge נפשות? (Shmot 18, 21): "...וְשַׂמְתָּ עֲלֵהֶם ...
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0answers
12 views

Yitroh's advice - was every chief a Beis Din on his own?

This is a follow-up question on "Yitrohs-advise-to-moses-on-appointing-judges (Shmot 18, 21): "...וְשַׂמְתָּ עֲלֵהֶם שָׂרֵי אֲלָפִים שָׂרֵי מֵאוֹת שָׂרֵי חֲמִשִּׁים וְשָׂרֵי עֲשָׂרֹת׃ וְשָׁפְטוּ ...
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0answers
12 views

Yitroh's advice - did it include hierarchy and subordination?

This is a follow-up question on "Yitrohs-advise-to-moses-on-appointing-judges (Shmot 18, 21): "וְאַתָּה תֶחֱזֶה מִכָּל־הָעָם אַנְשֵׁי־חַיִל יִרְאֵי אֱלֹקים אַנְשֵׁי אֱמֶת שֹׂנְאֵי בָצַע וְשַׂמְתָּ ...
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0answers
18 views

Why don't we add special Holiday sections to Al Hamichya on Purim or Chanukah? [duplicate]

Much like Birkat Hamazon, there are special Holiday sections added to Al Hamichya on all of the Yom Tov days that do not involve fasting. Unlike Birkhat Hamazon, however, Purim and Chanukah are not ...
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0answers
59 views

Comparing different counting of the 613 mitzvot

I would like to make a rudimentary chart comparing the 613 mitzvot as enumerated by the Ramban, the Rahag, Saadia Gaon, et al. and highlighting in different colors what mitzvot are ubiquitous across ...
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0answers
52 views

Halachic registration of people's names

Following the discussion about people's names in Halacha, Is there any obligation and a way of registering names in the Halacha? Is there an authority responsible for registering names - a Bais Din ...
3
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2answers
90 views

(How) Did Channukah events and the Makkabim change Judaism?

Besides the obvious celebration of Channukah, How's Judaism is different now because of those events: Did the Makkabim and the Chanukkah event leave any trace in the Jewish Halachic tradition? Were ...
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0answers
23 views

23 different Arayos Mitzvos for Jews vs one for non-Jews

Both 613 Jewish and 7 Noahides are called Mitzvos (ז' מצוות בני נוח) We have a separate Mitzvah for every Ervah (one for mother and one for sister etc), for a total of 22 (I think). Non-Jews have one ...
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2answers
67 views

When two opinions differ how the Halachah is made? [closed]

Lets supose that in talmud sage A say that something is permitted and sage B say that something is not permitted, what opinion should we follow? Have seen some places that the difference is absurd, ...
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0answers
26 views

How האב\הרב שמחל על כבדו is done practically?

This is a follow up to "The meaning of “האב שמחל על כבדו כבדו מחול”?. We learned that (acc. to Rashb"a) the father's מחילה על כבודו totally invalidates the Mitzvah of Kibud Av so the son is not ...
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0answers
21 views

The meaning of “האב שמחל על כבדו כבדו מחול”?

This is a follow-up question to "does-mechilah-invalidate-kibud-av". The Gemmorah in Kiddushin 32 states: "א"ר יצחק בר שילא א"ר מתנה אמר רב חסדא האב שמחל על כבודו כבודו מחול" Translating מחילה ...
5
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2answers
182 views

A poor person, Chanukah candles v. Shabbos candles, and selling clothing to buy candles

Although one who cannot afford Shabbos candles is not required to sell his clothing to fund them, one who cannot afford Chanuka candles is required to sell his clothing. (Shulchan Aruch O.C. 671.) ...
2
votes
3answers
56 views

Does Mechilah invalidate Kibud Av?

Following the question: "no-bracha-on-kibud-av-vaeim", some tried to say that the Sages did not set a Berocho for this Mitzvah as the father can be Mochel and there's no Mitzvah in such a case. ...
1
vote
0answers
64 views

Why may one not wear Tefillin after Shekiah?

The Gemara (Menachos 36b) writes: אמר ר' אלעזר כל המניח תפילין אחר שקיעת החמה עובר בעשה ור' יוחנן אמר עובר בלאו R’ Elazar said: whoever places Tefillin after sunset violates a positive ...
0
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1answer
79 views

Witnesses of Kiddushin no need to know the couple?

The Jewish Halacha does not require the witnesses to familiarize themselves with the couple prior to Kiddushin: they are not required to know the couple in person before the wedding or have any ...
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votes
3answers
109 views

Why Cheder Yihud does not accommodate a bed?

Isn't it what Cheder Yichud is for, to fulfill the נישואין, the consummation? We all know that Halachically it is not required, as the seclusion alone is sufficient, but as we tend to ensure that ...
2
votes
2answers
181 views

Origin of exemption on covering hair for unmarried women

I've studied tons of various Poskim and websites discussing aspects of covering hair for women so I am familiar with the practical Halachot. If I'm right, the default state is that all women (married ...
5
votes
1answer
115 views

Source why ביאה is not an option for שליח קידושין

This might sound a bit silly, but "that's the Torah and I need to learn it" (R"A). A woman can be Mekudeshet in three ways which Halachah-wise are all equal (neither makes a better Kiddushin). A ...
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votes
1answer
68 views

Marrying through a messenger without knowing whom?

Based on the basic idea of marrying through a messenger (Shaliah) both by a man and a woman (Kiddushin 41). First, the bride and the groom say to the messengers: "go bring me any man/woman". So one ...
0
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0answers
42 views

The practical (Halachic) importance of the Luchot Habrit (the Tablets)

Is there any practical נ"מ (implications) of the fact that the 10 Mitzvos are written in the Luchos, and not in the plain text of the Torah outside the Luchos? For example: because "לא תרצח" is ...
10
votes
1answer
114 views

How would the 'split the baby in half' situation be resolved according to halacha?

In 1 Kings 3:16-27 there is a story of two prostitutes who appear before King Shlomo, each having a newborn baby. One of the babies died and there was a dispute as to which one. There were no ...
4
votes
3answers
964 views

To what extent does the Torah make allowances for people in severe physical pain? [closed]

I have a severe progressive neurological disease and it's exceptionally painful. Current medical technology unfortunately is not able to provide much in the way of treatment or relief. Everyday things ...
1
vote
1answer
47 views

Forgetting Torah study for Ben Sorer UMoreh - the biggest sin?

Concerning בן סורר ומורה the Yerushalmi Sanhedrin 43b (8:7) says: צפה הקב"ה שסוף של זה עתיד לגמר ניכסי אביו ואת ניכסי אמו, ויושב לו בפרשת דרכים, ומקפח את הבריות, והורג את הנפשות, וסופו ...
6
votes
0answers
79 views

Prison in Halacha [duplicate]

I realized that nowhere (as far as I can tell) is there a reference to prison being a punishment in the Torah. The closest I even come to someone being kept in prison is the man found gathering sticks ...
4
votes
2answers
64 views

Revenge when the other relies on 'immunity'

Is it permitted to take revenge when the other keeps his negative behavior, relying on "immunity"? Let us take example to understand well things. Mr T and Mr R are neighbors. Mr R is an evil and ...