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Questions tagged [halacha-theory]

Questions about theoretical issues about psak and general halacha concepts

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On the relative authority of biblical and rabbinic law

A principle in Judaism is that perceived uncertainties in biblical laws must be resolved with stringency, whereas perceived uncertainties in rabbinic laws may be resolved with leniency. But rabbinic ...
Maurice Mizrahi's user avatar
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73 views
+50

Different shitos in halachah

If one holds like a certain shita in halachah. Then acts in accordance to a different shita in halachah, other then what he holds. is his action valid because there is still some shitos in halachah ...
C L's user avatar
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2 votes
1 answer
72 views

What are the limits to "shev v'al ta'aseh"?

The Rabbinic power to ban a practice such as blowing shofar on Shabbat is called "shev v'al ta'aseh" - "sit and don't do it." Is there any limit to the power? For instance, could ...
LFE's user avatar
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1 vote
1 answer
448 views

Should David have killed Saul?

In 1 Samuel 24 Saul enters a cave to relieve himself and David cuts off part of Saul's cloak rather than kill him. During this time Saul had been pursuing David with the explicit intent to kill him. ...
rikitikitembo's user avatar
2 votes
0 answers
35 views

A father promising their child an afikoman present on yom tov?

A prominent minhag on seder night is that the children "steal" the afikoman and hide it. What follows is the normal haggling process as the father agrees to buy a child a gift in return for ...
Dov's user avatar
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1 vote
1 answer
65 views

A blind person not seeing chametz

The Torah (Shemos 13:7) famously tells us: וְלֹֽא־יֵרָאֶ֨ה לְךָ֜ חָמֵ֗ץ Chametz shall not be seen in your possession. What happens if the homeowner is blind? Do they have to hide away/lock up the ...
Dov's user avatar
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1 vote
0 answers
92 views

Will Moshiach need to PROVE he is a male line descendant of King David?

Would it be a requirement for Moshiach to be able to prove that he is a descendant of King David or at least have a family mesorah that he is? Or is it more of a case that once we see that someone is ...
DavefromBaltimore's user avatar
2 votes
2 answers
109 views

Is hiddur mitzvah biblical or rabbinic

According to Halacha, is the concept of hiddur mitzvah, beautifying the mitzvah, biblical or rabbinic in nature? Or is it a machloket amongst the poskim?
Kirk's user avatar
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1 vote
2 answers
125 views

Is Marit ayin biblical or rabbinic

According to Halacha, is the prohibition of Marit Ayin biblical (D’oraita) or rabbinic (Derabbanan) in nature? Or is this question an undecided Machloket amongst the Poskim?
Kirk's user avatar
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0 answers
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What would happen if the king was incapacitated?

If a Jewish king became incapacitated, for instance if he was in a coma, what would happen? Would a new king be appointed? Would nothing happen and the people would simply wait? Would the queen, or ...
rikitikitembo's user avatar
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1 answer
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Paradox of being commanded to not do something when out of control?

One of the principles that comes out in discussions about drinking and doing mitzvot, is that the alcohol impairs one's self control, and thus they aren't doing the mitzva properly [e.g. some sources ...
Rabbi Kaii's user avatar
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2 votes
1 answer
38 views

Was Yehonatan a mored b'malchut?

In Shmuel 19:1 Shaul, the king, clearly gives instructions to kill David, which he reinforces even after swearing not to kill David (v.6) by sending soldiers to kill David and even going himself to do ...
rikitikitembo's user avatar
1 vote
2 answers
236 views

Can/should anyone kill a mored b'malchut?

If someone is found to have rebelled against the king (mored b'malchut), by say directly disobeying a king's order, does the rebel need to have the crime adjudicated in court or can (should?) anyone ...
rikitikitembo's user avatar
1 vote
1 answer
228 views

Where in the works of Maimonides does he address how to deal with apparent contradictions between halakha and empirical facts?

Maimonides’ view is that halakha is teleological (see for example Guide III, 27,31) e.g. some laws are to promote societal wellbeing, correct moral beliefs, etc. Where in his works does he deal with ...
GUT's user avatar
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Where in his works does Maimonides address how to understand אלו ואלו דברי אלקים חיים and the nature of makhloket more broadly (besides intro to PhM)?

Given what Maimonides says in his introduction to his Commentary on the Mishnah (Perush ha-Mishnayot) it seems like he is not a pluralist when it comes to truth in a makhloket (halakhic debate). He ...
GUT's user avatar
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Are there any other opinions on 6 constant mitzvas

Sefer hachinuch seems to have introduced the idea of 6 constant mitzvas. Some are debatable. For example - dont go after your heart. Sometimes your heart is full of good stuff that should be ...
Jon's user avatar
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1 vote
1 answer
43 views

Minimum amount for beracha achorona

According to Halacha what is the Minimum amount to eat before Jews are obligated to recite a beracha achorona? Is it a disputed question?
Kirk's user avatar
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2 votes
0 answers
57 views

Is it obligatory to eliminate a mistaken custom?

Are there any halachic authorities who indicate that it is not just permissible to ignore a mistaken custom (minhag ta'ut) but actually obligatory to eliminate such a custom?
rikitikitembo's user avatar
1 vote
1 answer
67 views

What is involved behind the decision making process of halacha in the Talmud?

Throughout the Talmud we find occurrences such as these: The halacha is xyz because the verse in a certain chapter of Tanach says something similar to it; Rabbi Y disagrees and says the halacha is zyx ...
Ani Yodea's user avatar
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0 answers
27 views

Is there an issur of Lifnei iver with animals on Shabbat

In Halacha, Jews are forbidden from having animals do prohibited melachot on Shabbat. My question is, is there any issur of Lifnei iver with animals, or no, since animals don’t have the same free will ...
Kirk's user avatar
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2 votes
0 answers
73 views

Torah Scholars, Shirt Stains and the Death Penalty

Shabbat 114a: ואמר רבי חייא בר אבא אמר רבי יוחנן: כל תלמיד חכם שנמצא רבב על בגדו — חייב מיתה And Rabbi Chiyya bar Abba said that Rabbi Yochanan said: A Torah Scholar with a fat stain found on his ...
Rabbi Kaii's user avatar
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2 votes
2 answers
137 views

If Jews make an oath to not do mitzvot which are normally required after an action, is it binding

Inspired by the answer to this question, is it valid for Jews to Make an oath to prevent themselves from performing mitzvoth which proceed from their choices, for example vowing to not do ...
Kirk's user avatar
  • 4,628
3 votes
1 answer
900 views

Can someone else put tefillin on a Jew

According to Halacha, Is the actual mitzvah of tefillin on having it on your body or placing it on your body? The reason I ask is because if it’s the former, you could sit still and have someone else ...
Kirk's user avatar
  • 4,628
1 vote
0 answers
57 views

Minimum observance for Aliyah/leading prayer

I’m curious, according to Halacha, what is the minimum level of observance to be called to the Torah of act as shaliach Tzibbur. Relevant questions about specific Issurim have been asked here before, ...
Kirk's user avatar
  • 4,628
0 votes
0 answers
31 views

Is the obligation of parapet on the owner of resident

According to Halacha, is the mitzvah for Jews to establish a parapet on certain types of roofs an obligation on the resident or owner of the property? Is it the same din as a mezuzah?
Kirk's user avatar
  • 4,628
2 votes
0 answers
55 views

Can a Jewish king abdicate?

When a person is crowned as king either via anointing by an established prophet of God or by being the son of a previous king from the line of David (assuming no other siblings make a claim); can that ...
rikitikitembo's user avatar
1 vote
0 answers
66 views

Qualified immunity in Halacha

I am curious about whether the concept of qualified immunity (for monetary liability) exists in Halacha. Qualified immunity in secular law generally means one who is a judge or police officer is ...
Kirk's user avatar
  • 4,628
2 votes
1 answer
84 views

What defines “disgusting food” in Halacha

According to Halacha, one is prohibited from eating “disgusting” foods in a prohibition known as Bal Teshaktzu. My question is, how does Halacha define disgusting food? What are the criteria that ...
Kirk's user avatar
  • 4,628
1 vote
1 answer
51 views

Can melacha be done to hear the Hakhel on Shabbat

According to Halacha, types of melacha which were necessary for the temple were permitted to be performed on Shabbat for the purpose of the Korban sacrifice and the temple operations. My question is, ...
Kirk's user avatar
  • 4,628
1 vote
0 answers
97 views

Minimum tzniut for men

Inspired by this question about the minimum amount of what’s mandatory tzniut agreed upon, I’m curious what the minimum standard of modesty exists for men. In general Halacha, women are required to ...
Kirk's user avatar
  • 4,628
1 vote
0 answers
55 views

What’s this concept called?

Looking at Shulchan Aruch earlier surrounding the laws of making tzitzit, who can make them, who can’t make them etc etc One of the points was that a non observant Jew or a non Gd fearing Jew would ...
DanSol613's user avatar
1 vote
1 answer
101 views

Why can walls be any material but Schach has to be natural in a sukkah

The Halacha is that Schach has to be made of natural material detached from the ground, my question is why Is that the case when a sukkah’s walls could be made of any material (so long as it doesn’t ...
Kirk's user avatar
  • 4,628
3 votes
1 answer
112 views

Does Kavod Habriot ever apply to Safek d’oraita

Does the principle within Halacha of Kavod Habriot ever apply to leniencies for a Safek Doraita? So if there is human dignity at stake, could you rule lekula instead of lechumrah on a Safek d’oraita? ...
Kirk's user avatar
  • 4,628
0 votes
1 answer
85 views

Do all mitzvot Ben Adam lechavero apply to bnei noach

When it comes to noahide Halacha, there aren’t necessarily “7” mitzvot, but rather categories of commandments. My question is, do all mitzvot which are “Ben Adam lechavero” count under the category of ...
Kirk's user avatar
  • 4,628
1 vote
3 answers
208 views

Learning to pasken modern Halacha questions

If somebody is interested, either looking to become a posek, or just interested in Halacha methodology in general, what is the best thing for them to learn if they want to understand how contemporary ...
Kirk's user avatar
  • 4,628
2 votes
1 answer
129 views

Are any laws of the synagogue D’oraita?

There are certain Halacha parameters for a synagogue (its sanctity, to an extent its design and architecture etc.). I am confused as to whether all of these are Derabbanan, or if any are D’oraita, and ...
Kirk's user avatar
  • 4,628
2 votes
2 answers
244 views

How to decide where the development of Torah stops being useful

I've met so many people who have a different opinion on this than the one I was raised with. We all probably get it from our chinuch, but it seems there are quite a lot of opinions. I'll list what I'...
Rabbi Kaii's user avatar
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0 votes
0 answers
67 views

Is there any practical distinction in Halacha between obligation and being commanded to do a positive mitzvah?

In reflecting on the subject of the Israeli military’s use of Administrative Detention and the comparison by progressives of this behavior to the actions by Apartheid in South Africa, I started to ...
Yaacov Deane's user avatar
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0 votes
0 answers
53 views

Is food purchased by a Jew on Shabbos unkosher for later use like cooking in a kosher pot, eating on kosher plates, etc.? [duplicate]

This is a mind-bending question and I'm aware of the prohibition of giving advice that would encourage someone to violate halacha-but here's my reality. I'm a Jew and I have a kosher home. I am not ...
Alan Rich's user avatar
2 votes
1 answer
228 views

What constitutes the region which Lo Yilbash is based on

According to Halacha, Lo Yilbash (the prohibition of cross dressing as the opposite gender), is based on what is customarily considered men’s clothing/women’s clothing in a region (מנהג המדינה). My ...
Kirk's user avatar
  • 4,628
1 vote
1 answer
255 views

Can/should one undo a miracle?

Partially based on this question and answer If a person experiences a miracle related to a mitzvah, for example a Chanukah candle is lit with only enough oil to last one hour and it miraculously ...
rikitikitembo's user avatar
0 votes
0 answers
73 views

Does Karet apply in cases of Safek

If there is question which is a Machloket Halacha, and one takes a position which is lenient on a Safek D’oraita of a Karet level sin (such as say a dispute whether something constitutes a Melacha on ...
Kirk's user avatar
  • 4,628
3 votes
2 answers
170 views

Sources for Halachic opinions influenced by kabbalah

Is there a source (like a book, website, etc.) that has a list of halachic opinions/rulings based on kabbalah and/or the Zohar? I’m asking because I am looking more into Halachic methodology and I ...
Kirk's user avatar
  • 4,628
7 votes
1 answer
237 views

Why does a convert receive bris milah before the mikvah?

Why does the convert have his bris before the mikvah rather than afterwards as a Jew? Seemingly the bris done before is not a mitzvah so why not have him do bris milah after the mikvah?
Dude's user avatar
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0 votes
0 answers
106 views

How is it that Yaakov Avinu was permitted to marry Zilpah, because she was the sister of Bilhah and Leah already had 4 sons?

How is it that Yaakov Avinu was permitted to marry Zilpah, because she was the sister of Bilhah and Leah already had 4 sons? According to Bereishit Rabbah 74:13 Bilhah and Zilpah were also daughters ...
MosheSF's user avatar
  • 109
3 votes
2 answers
295 views

Chazal contradicting science

I am curious. If there is a contradiction between statements of Chazal found in the Talmud, how are those reconciled in light of contradictory science, and if a Halacha is derived from a non-...
Kirk's user avatar
  • 4,628
3 votes
1 answer
65 views

Is there a translation of Rashi on Shas in English?

BH Where is there a translation of Rashi on Shas? I know there is one for Tosfot using summaries on Daf Yomi is there something like this for Rashi?
David 's user avatar
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1 vote
2 answers
168 views

Did the Rambam really say it's asur to believe foolish things?

I have sometimes heard it said that the shita of the Rambam is that it's asur to be stupid and/or believe stupid or foolish things. Clearly the Rambam's general approach puts a high value on ...
Avraham's user avatar
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3 votes
1 answer
217 views

Practical application of not having a Get

I know that without a Get, there are severe limitations on a woman in terms of remarrying (or even just getting pregnant IIRC) but what are the implications on a woman and a man beyond the issue of ...
rosends's user avatar
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2 votes
0 answers
71 views

When to apply rule that one is obligated to break a smaller halacha to keep a bigger one?

Someone posted here recently saying that its halacha that you must break a small halacha to keep a bigger one. This is known commonly from Hilchot Shabbat and Pikuach Nefesh. It is also known from ...
zunior's user avatar
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