Questions tagged [halacha-theory]
Questions about theoretical issues about psak and general halacha concepts
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Does Karet apply in cases of Safek
If there 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 Shabbat) are they “...
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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 ...
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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?
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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 ...
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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-...
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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?
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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 ...
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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 ...
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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 ...
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Would the dispensation of Yefat Toar apply to homosexual men?
My understanding is that one of the reasons for the permissibility of a man to sleep with a woman who is part of an enemy nation during war is because the Torah is "speaking against the man's ...
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Tosefta vs Talmud in Halacha
If the tosefta contradicts the Gemara/Talmud (either Jerusalem or Babylonian), which is more authoritative in Halacha?
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Hasidic methodology and Halacha
Generally speaking, what is the Hasidic approach to making halachic rulings, and how does it in general differ from the Yeshivish and Modern Orthodox methodologies. I understand the Alter Rebbe of ...
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Sotah in third temple?
Putting the possibility of building a third temple aside, (this is a theoretical question), if the third temple was rebuilt, would the sotah ritual still apply like it did during the second temple ...
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Tri Maschu תרי משהו - Shach and Taz
I am trying to find a definition to the principle תרי משהו. I am totally confused by what I have read. Could someone explain this principle to me?
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How does a kohen give a get?
I remember hearing that a cohen must write his get numerous times: since today the get is being written by a sofer, I presume this custom is not in use anymore. But was there such a rule in the past? ...
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If you are lost in the desert do you make havdalah first?
In Shabbat 69b there is a disagreement about how a person who has lost track of the day of the week should keep Shabbat
Rav Huna said: One who was walking along the way or in the desert, and he does ...
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How can a woman who just fiishedher chuppah have her hair uncovered for the rest of her wedding? [duplicate]
How can a woman have her hair uncovered after the chuppah at her wedding?
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Mishanh Torah Sabath 11:14 writing rule with respect to left hand and elbow [Question]
In the Mishnah Torah -- Sabbath 11:14 it states:
A person who writes with his left hand, with the back of one's hand, with his feet, his >mouth, or with his elbow, is not liable.
A left-handed ...
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Responsa on Hunting since the Noda B'Yehuda
Many many years ago, the Noda B'Yehuda wrote his famous responsa about hunting, noting that despite their not being a clear cut issur, it is not an activity that a Jew should engage in.
I have often ...
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Does כבוד המת apply to gentiles? What about during war?
Kavod HaMet is a halachic rubric which includes sensitive and dignified treatment of a corpse. I would like to know if this principle includes the prohibition for Jews to treat the corpses of gentiles ...
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Where should Halacha come from?
On the Wikipedia page for the Bach (Rabbi Yoel Sirkis), it mentions
He was also critical of those who relied solely on the Shulchan Aruch
for halachic decisions, rather than on the Talmud and the ...
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Change wording rather than pray for a medical miracle? [duplicate]
For example, if someone is close to death from a progressive disease, should we change the wording of the private misheberach to leave out the word "body" from the phrase "soul and body&...
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Repair man lied for you to his company to help you with warranty
Imagine a washing machine (etc) repair man comes round to fix it on a warranty claim. When they find out what it is, it turns out to be something that's not covered on warranty. Later you find out ...
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If someone doesn't have a head, should he still put on the hand tefillin (with a bracha)?
B"H
There's a known discussion regarding if the hand and head tefillin are separate Mitzvos or the same. Some include each as a separate Mitzvah in the list of Mitzvos, others (I believe) include ...
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If Moshiach comes between the first and second Pesach, will we offer the second Pesach? [duplicate]
B"H
The Gemara in Pesachim says that the first Pesach is pushed off (to the second) if most of the congregation is tmei meis, but on the second Pesach, or is done even in tumah.
The question ...
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What's the point of a bracha before eating?
B"H
The Gemara in Brochos says that anyone who benefits from this world with a brocho is as if he benefited from "holy sacrificial food" (which should only be eaten by a kohen etc.)
The ...
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Web-hosted Baby/Security Cams - tzniut?
There is a whole new world of baby cams that, for free, host the feed online for you to access anywhere. You simply create an account on their hosting site and you get access to the live camera feed ...
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Why is the bracha on mashed potatoes "haadama" despite being mashed up but the bracha on applesauce is "shahakol" unless there are pieces in it?
Why is the bracha on mashed potatoes "haadama" despite being mashed up but the bracha on applesauce is "shahakol" unless there are pieces in it that are not mashed up?
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Why don't we count sfeirah **m**'omer (from the omer)?
There are different nusachot that count sfirah as "ba'omer" or "la'omer." But shouldn't we count days m'omer? The omer was brought on the 16th and that's what we are counting from. ...
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Shulchan Aruch - Advice?
I have heard quoted in the name of a gadol that the first 8 simanim of SA are advice ( הנהגות טובות) as opposed to actual halacha. I am looking for some sort of source either backing this or debunking ...
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How does Ishto KiGufo work?
How does Ishto KiGufo (ones wife is considered like his own body) work? Meaning, how come in some cases where you can't use a shliach, your spouse may do it for you (see Tur YD 234:1), and yet ...
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Informing people of a sin that you made them do
Is there any obligation to inform someone of a sin that came about because of you, which they will never realise unless you reveal it, and it is already too late (and won't be repeated by not ...
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Putting one's own life first - exceptions?
There is a famous Bava Metzia 62a paskens that in a case where there are two people and there is only enough water for one to survive, the owner of the water drinks it and lets the other die:
ורבי ...
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Maintaining A Convert's Privacy
Bava Metzia 58b one is not allowed to remind a convert that they converted. However, they are given the name "Ben Avraham Avinu/bat Sarah Immenu" which makes them stand out and is a constant ...
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Asking a shaila - not looking for a psak
How does one phrase a request for a Rabbi's opinion on a halachic matter so as not to receive a psak? Are there multiple acceptable expressions?
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Differences between Birur and הנהגה
How do the techniques of הנהגה and בירור work in Halacha? Is the difference that the latter needs proof, and the former is based on a חזקה?
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Changing location to Jerusalem mid-Purim [duplicate]
If I live in Tel Aviv and fulfill my obligations on Purim, then I move to Jerusalem on Purim afternoon, do I have a new set of obligations that evening/next day (2 megillah readings, se'udah, matanos ...
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Is breaking halakha always a sin?
Someone made a comment on another of my answer that "breaking halakha = sin." And I've heard this kind of statement before, but never with any arguments or philosophy for why that is or how ...
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Mitzva Dream Team: the minimum number of individuals who, between them, can keep all 613 mitzvot
A classic Mi Yodeya question, perhaps a little more light-hearted in the spirit of Purim-
What's the minimum number of Jews we need to cover all 613 Mitzvot between them? If we just have a Yisrael, we ...
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If one has frozen blastocysts, is one obligated/encouraged to use them
Would a couple who have some frozen blastocysts1 left in storage from previous collections during IVF, and now after menopause, be expected to try to become pregnant with all of them (or until it ...
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Handing oneself in
I would like to know if one is obligated to hand oneself in to authorities if one committed a crime/sin and nobody caught them?
I would like to make this as general a question as the rules of the site ...
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Can a Yefat Toar be taken from nations who are ineligible for marriage?
My understanding is that a Yefat Toar (Devarim 21:10-14) is forcibly converted and can be married.
The Torah prohibits marrying people from certain nations such as Egypt and Edom for a number of ...
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Could one bring bikkurim on Tisha B'Av?
Bikkurim can be brought from Shavuot till Sukkot and perhaps longer (not after Chanukah). Part and parcel of the mitzvah of Bikkurim seems to be an aspect of simcha/rejoicing. I have not seen any ...
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Halachot relevant to dealing with people with extreme views
This question is assuming that there is a prevalence of extreme views, especially since the age of the internet, and particularly in the last 10-15 years. It is not a blanket statement against all ...
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I discovered a family member of mine is Jewish. Am I Jewish? [duplicate]
I've been recently reading about what determines whether someone is Jewish.
I've done this because I discovered my grandfather's father (my great-grandfather) from my mother's side was Jewish (...
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Theological issues to certain brachot
According to the way many people understand the Rambam in Mishneh Torah but especially in Moreh Nevuchim, and many other Jewish Philosophers, when the Torah uses any words to describe Hashem, they are ...
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Is there any reason to not do netila with unattended water
Immediate logic says no, the reason for not drinking unattended water is because a snake might have got to it and it is now venomous, which would not be an issue for netila (or would it, any ...
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What if one chos vishalom accidentally kills someone right before techias hameisim?
B"H
The Rambam in Hilchos rotzeiach 7:9-12 discuss how one who accidentally kills someone and is exiled to a city of refuge never leaves, until the Kohen Gadol passes away.
The question is, what ...
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Reading fictional works during week, or on Shabbos? [closed]
I'm fascinated in reading the christian bible as a work of 1st century Jewish fiction. When is a more appropriate time to read it, or is reading it utterly forbidden?
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Can a golem become human?
If a righteous sage creates a golem, like Rava did in Tractate Sanhedrin, can it become human, and since it is created by a Jew, can it become Jewish?
Secondly, I don't know if they could or could not,...
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