Questions tagged [halacha-theory]
Questions about theoretical issues about psak and general halacha concepts
975
questions
3
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2answers
83 views
Which takes precedence- study of Chovos Halevavos or Halacha?
In its introduction, Chovos Halevavos places great emphasis on the importance of Chovos Halevavos. It also seems to have contradictory implications as to what should be learned first; in one place the ...
1
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0answers
32 views
Kol Isha specifically from/of a woman? [duplicate]
I have been reviewing the questions related to Kol Isha (including links about parrots, men with feminine voices, radio recordings and Siri singing) but I was asked whether halacha has dealt with ...
1
vote
2answers
123 views
Why is hitting children Halachically allowed?
Corporal punishment for children is was a as a prescription for effective Torah learning, as it says :
"He who spares the rod hates his son, But he who loves him disciplines him early." ...
1
vote
0answers
53 views
Who gets the candy
My wife had a situation in her class today and I was wondering what the din would be.
Girl A (5 year old) pulls a candy out of her bag. Girl B (also 5 year old) says it’s her candy. We know that girl ...
1
vote
3answers
177 views
Performing mitzvot "in bundles"
The Talmud lays down the principle:
אֵין עוֹשִׂין מִצְוֹת חֲבִילוֹת חֲבִילוֹת -- One does not perform mitzvot in bundles. [Sotah 8a, also Pesachim 102b, Berakhot 49a]
Another Talmudic quote is ...
1
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0answers
27 views
Details of the origin of the term "מושך ערלתו"
Without going into much detail, the idea is totally inapplicable in our Halachic reality because we cut the ערלה completely. I understood that in rabbinic times where the term originated, that wasn't ...
2
votes
0answers
65 views
'Reuben and Shimon' as example names
Can anyone help me to find out where the custom of using the names 'Reuben and Shimon' as placeholders – eg in responsa – originated, or any other discussion on the custom?
1
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0answers
78 views
Halachic status of Israeli airspace and waters
I am presenting this hypothetical not because I want a ruling but because I want to understand the halachic mechanism involved and I'm wording the case specifically to avoid certain answers (so please ...
0
votes
1answer
73 views
Mitzvah habaah beaveirah with a rabbinic prohibition
Is fulfilling a biblical mitzvah by transgressing a rabbinic prohibition considered "mitzvah habaah beaveirah", where they lose their credit for the mitzvah (see Sukkah 30a)? For instance ...
0
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1answer
64 views
Did king David cause damage by viewing/ היזק ראיה?
In 2 Shmuel 11 David views Batsheva bathing on her rooftop. Do any commentaries discuss if in so doing did David cause monetary damage under the principle of invasion of privacy (היזק ראייה)?
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1answer
114 views
What are Sabbath Observing Animals? What are the implications of Sabbath Observant Animals?
A friend of mine brought me a source/comment from Avodah Zarah 1:6 which stated Jews are prohibited from putting Sabbath observant animals into the position where they will have to break the Sabbath.
...
3
votes
1answer
91 views
Shach's understanding of significance of Shulchan Aruch writing "there are some who require"
Hope this isn't too nuanced.
There's a pretty established rule in the Shulchan Aruch that when he writes a law, and then writes "some say" (ויש אומרים) something else, he's ruling like the ...
1
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0answers
67 views
What are the parameters of Meta Halachic principles?
In his book, The Narrow Halakhic Bridge Rabbi Ronen Neuwirth identifies a halachic category called meta-halacha (p. 249 and on) which he explains (I paraphrase) as principles a posek (decided of ...
0
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0answers
48 views
Can one take a lateral flow test on Shabbos?
DISCLAIMER: This is just halacha-theory and not searching for a p'sak
Would taking a lateral flow test on Shabbos be absolutely forbidden due to the melacha of tzoveya - dyeing?
After taking the swab ...
1
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0answers
51 views
Orientation of Esrog relative to person versus relative to ground
This question was originally going to be saved for Purim Torah in Jest, but after thinking about it, I feel this can have practical ramifications.
How does one hold an Esrog before making the Bracha '...
2
votes
2answers
78 views
Implications of the appendix "אני ה'" in Biblical Mitzvot
Many Biblical Mitzvos end with "אני ה'" or "אני ה"א" or the like. Some are interpreted, some are totally ignored.
For example (Leviticus.19):
"אִישׁ אִמּוֹ וְאָבִיו ...
1
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0answers
95 views
What rabbis openly allowed/promoted wearing wigs?
When discussing wigs as a means of covering women's hair, I only heard that rabbis recognized them only aposteriori.
What prominent rabbis publicly allowed their use apriori?
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1answer
67 views
How Golden Calf massacre can be reconciled with the Halachah
In Moses' words, God ordered a massacre in a very specific way: infidels should be executed with swords, and one should target his own relatives first:
".וַיֹּאמֶר לָהֶם כֹּה־אָמַר ה' אֱלֹהֵי ...
0
votes
1answer
124 views
Is it permitted to trim but not shave pubic hair? [duplicate]
Is it permitted for a man to trim his armpit hair and pubic hair? I know shaving is not permissible under certain circumstances but would trimming be allowed?
0
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0answers
22 views
Setting up a scraping function to run on Shabbos [duplicate]
What halachic (if any) considerations are there if one has a function that is scraping a website and then populating a database with the data running over Shabbos? It will finish on Shabbos and when ...
1
vote
0answers
51 views
Is Halacha (Shulchan Aruch, Mishnah Brurah, etc.) confined to Rabbinic and Torah prohibitions?
From what I understand:
Early halachic compilations (throughout the Geonim period) sourced directly from Talmud Bavli
Talmud Bavli often sources opinions by actions and text in the Torah, and oral ...
1
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0answers
92 views
Legitimacy of rulings accepted through spontaneous rabbinic gatherings
The Torah prescribes settling the law in a very special place:
"If a case is too baffling for you to decide, be it controversy over homicide, civil law, or assault—matters of dispute in your ...
4
votes
2answers
385 views
Rabbi Shlomo Goren and the Langer Case
I am trying to understand the Langer controversy. I have only have seen the Charedi side been explained. Are there any seforim/books/online articles which explain Rabbi Goren's position?
5
votes
2answers
396 views
How was the mishna actually transmitted orally
I've recently begun a project to memorize the mishna. The technique I am using is surprisingly effective.
This came as a result of my feeling nostalgic for the days when the Oral Torah was truly oral. ...
1
vote
0answers
47 views
Instances of Shevua Shechal Bo
Does the concept "Shevua Shechal Bo" come up within the context of halacha or hashkafa in any area other than the the week leading up to Tisha B'Av? It just seems like a unique measure for a ...
1
vote
1answer
57 views
What determines a "majority of travelers"?
In Mas. Sh'kalim, 20A, the gemara discusses whether one can consume meat or cheese that he finds in a public space. One reason to allow it is because "רוב מהלכי דרכים" most of the travelers ...
0
votes
1answer
90 views
How should rabbis answer questions on disputed issues?
You have a halachic question. Unknown to you, there is a dispute on the matter. Some rule as (A) and some rule as (B). You ask your Rav. He will give you one of three answers:
(1) The answer is (A)...
-1
votes
1answer
111 views
Jewish clergy to marry inside his congregation?
Does the Halacha allow a single/ widow(er) member of the congregation to flirt and date with the single/ widow(er) rabbi/ cantor of the same congregation in hope of a marriage ?
16
votes
4answers
2k views
Ship of Theseus in Halacha
How would Halacha deal with the Ship of Theseus thought experiment?
For example, if one made a neder (vow) not to have any hana'ah (benefit) from a certain ship and over time every single piece of ...
4
votes
0answers
101 views
“Einstein ketzos”
Shalom chevra, I have heard that the ketzos hachoshen on the sugya of matana al menas lehachzir is called the “Einstein ketzos”. If someone knows why that is, and can let us know that would be great!
2
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0answers
59 views
Questions on Psak Halacha [duplicate]
If one is learning Halacha and comes across a machlokes between recent Poskim (post Mishna Berura eg is one allowed to make a tea in a Kli Shelishi) can one decide by himself to be meikel if the logic ...
2
votes
0answers
97 views
Wearing clothes that promote ones business on Shabbos
With many shuls (at least in the UK) still requiring their congregants to wear masks, I have noticed that there have been many people who as part of their business now wear personalised masks, which ...
2
votes
1answer
92 views
What to do when you should not publicize the halacha?
The gemara 33b brachot says:
אֲמַר לֵיהּ לָאו הֲלָכָה אִתְּמַר אֵלָּא מַטִּין אִתְּמַר
Rabbi Zeira then said to him: It wasn't stated in public that the
halachah follows Rabbi Eliezer, but that we ...
1
vote
2answers
43 views
Toivel a utensil used in a store
A local (jewish/frum owned) store near me sells these little glass cups with mousse in them (produced by a non Jewish company). Do such cups require tevillah from the stores perspective? follow up ...
5
votes
0answers
69 views
May a Kohen with Auto-Brewery Syndrome Duchan?
This question is related to another question asked (How much alcohol does one need to consume in order to be halachically drunk or intoxicated?).
Auto-Brewery Syndrome is a condition in which fungi or ...
1
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0answers
79 views
Are goyim allowed to learn chassidus?
It's known (Sanhedrin, don't have exact pages) that a goy is in general only supposed to learn the parts of Torah that have to do with the 7 mitzvos
The question is, is chassidus considered all an ...
2
votes
0answers
30 views
Visiting a cemetery while pregnant with a future kohen? [duplicate]
My husband (a kohen) and I were discussing this the other day as a hypothetical.
While I know in general there's a minhag not to go to cemeteries while pregnant (I decided not to follow that), is ...
1
vote
1answer
60 views
Metzudat David on Nechemiah 6:12
I was debating with a chavruta today how to understand the following explanation from Metzudat David. The verse in Nechemiah 6:12 says:
"Then I realized that it was not God who sent him, but ...
4
votes
1answer
113 views
If Torah's exactness is crucial, why doesn't the Mishnah contain Halachot of writting a Kosher Torah scroll?
In my research of Torah inerrancy, and following my other question "why-there's-no-deoraytah-prohibition-of-altering-torah-scroll", I notice that the Mishnah does not mention any Halachot of ...
3
votes
1answer
77 views
Taking advantage of cultural customs: Stealing or not?
In Persian culture, there is a principle named taarof in which if something is being offered to you, you must decline it, even if you want it. The giver will ask again if you would like the object but ...
7
votes
1answer
90 views
Cooking meat on Shabbat using Kinetic energy, or non-conventional ways
Putting all jokes (and Purim Torah) aside, a person successfully demonstrated cooking both steak and chicken using a machine that slaps the meat continuously (video here). Albeit they claimed it ...
1
vote
1answer
73 views
Making Chameitz Hefker on Shabbat
This year, because Erev Pesach is on Shabbat, the completion of the burning (done on Friday, after a search on Thursday night), is the second (slightly expanded) recitation of the Kol Chamira on ...
3
votes
1answer
349 views
Mourning for a parent for a year
Please provide as many different answers as you can on why is aveilus for a parent for a year and all others is only 30 days.
What different heartfelt ideas come to mind? What are some ideas that ...
5
votes
2answers
65 views
What was the Halachic base for establishing the inheritance of the Great Sanhedrin Presidency?
In the line of Nesi'im from Hillel to Gamliel IV, the position passed from father to son even if the son wasn't the brightest sage of the Sanhedrin (see R' Gamliel's testimony to R' Yehoshua).
Of ...
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votes
1answer
70 views
Would God be equally happy if the sages canceled Shabbat or allowed some Arayot?
"...Years after, Rabbi Natan encountered Elijah the prophet and said to him: What did the Holy One, Blessed be He, do at that time, when Rabbi Yehoshua issued his declaration? Elijah said to him: ...
1
vote
1answer
113 views
From what examples did R' Eliezer learn that Halacha can be decided by miracles?
In the famous argument between R' Yehoshua and R' Eliezer (Tanuro Shel Achnai, B"M 59b) R' Eliezer chose to prove his approach by performing miracles:
"Rabbi Eliezer answered all possible ...
1
vote
1answer
76 views
Definition and origin of the division between interpersonal and God-related Mitzvot
"...for transgressions between a person and God, Yom Kippur atones; however, for transgressions between a person and another, Yom Kippur does not atone until he appeases the other person." ...
6
votes
2answers
144 views
Watching a virtual church service
The prohibition I have read about regarding churches centers around going "into" a church (see Q and A's here, for example).
Is the underlying prohibition about being present in the church, ...
-1
votes
1answer
67 views
Regarding the סעודה in a פורים משולש, how does the שלחן ערוך understand the ברייתא in מגילה not to be arguing on the ירושלמי?
The גמרא in מגילה דף ד ע"ב to ה ע"א discusses the דינים of a פורים on שבת brings a ברייתא (marking the Amoritic interpolation according to “רש"י ד"ה ”אדרבה):
תניא נמי הכי אף על ...
2
votes
2answers
528 views
Vilna Gaon letter about zohar learning
I heard from some people that the Vilna Goyn wrote a letter saying that if one doesn't learn Zoyhar, he shouldn't render decisions about Jewish law; where can we look to find this letter?
