Questions tagged [halacha-theory]

Questions about theoretical issues about psak and general halacha concepts

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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 ...
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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 ...
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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?
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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. ...
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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 ...
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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 ...
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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)...
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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 ?
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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 ...
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“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!
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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 ...
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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 ...
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1answer
88 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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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1answer
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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 ...
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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 ...
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1answer
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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 ...
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1answer
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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 ...
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1answer
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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 ...
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1answer
346 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 ...
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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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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: ...
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1answer
94 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 ...
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1answer
50 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." ...
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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, ...
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1answer
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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 ...
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428 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?
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126 views

Why is Spinoza still considered excommunicated (חרם)?

In 2011, a member of the Amsterdam Portuguese-Jewish congregation asked for a reconsideration of the ban, with the hope that it would finally be lifted. (It seems to happen periodically that someone, ...
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51 views

Can a person jump over a fence during Shabbat?

During Shabbat can I jump over a fence to Get to a destination? Is it considered work?
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Can Tzara'at appear on Mitzvah apparel?

Was it possible for Tzara'at to appear on Tefillin/Tefillin straps, which theoretically one could argue clothes the person? Or on Tzitzis, or Kohanic garments, like the Tzitz, or other clothing items ...
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After a טמא מת gets הזאות and is still טמא until טבילה והערב שמש, is this a new טומאה or the remains of the original טומאה?

Are the הזאות really מטהר him completely, only now is חל a completely new טומאה? Or is this טומאה that he still has the remainder of the old טומאה; the הזאות aren't מטהר him completely and leave over ...
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Would it be forbidden to model a synagogue's design after the Beit Hamikdash?

The Beit Hamikdash has models. You can purchase them online if you so desire. That being said, those are purely models and are not used for anything beyond study/exhibition. My question is whether it ...
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Can a Yisroel perform shira for his own korban? Also, if a Yisroel does shira in the Beis Hamikdash (not for himself), is his shira kasher בדיעבד?

About the first question, if a Yisroel can perform shira on his own korban: According to the Meishiv Davar chelek 4 siman 11 Leviim are simply hired by Yisroelim to perform shira (therefore he says ...
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Do נסכים need to be brought לשם בעלים?

Does the Kohein need to pour the nesachim l'shem the baalim of the korban?
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Are the laws exclusive to the land of Israel, also relevant in terms of what they teach us everywhere?

There are many laws enumerated in the written and oral Torah. One of their categorizations is those which are obligatory inside the land of Israel and those which are obligatory both in the land of ...
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List of halakhos that are only relevant in the era of Moshiach

In Zevachim 45a (s.v. הלכתא למשיחא), Tosfos provides a list of instances in Shas where the gemara rules in favour of a particular halakhic position that will only be practically relevant in the era of ...
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Tikkun for Timtum HaLev

Is there teshuva/tikkun for timtum halev (specifically for forbidden foods)? Please cite sources.
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If humans build the third temple, would the builders be required to be cleared of “purity standards” for the project?

We are taught that when we came to Israel, King David could not build the temple because he had blood on his hands. Though he was acting under divine command and in the interest of the nation, he ...
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Shrinking a room with Tzaraas to less than 4x4 Amos

May one shrink a room and then manually scrape off questionable Tzaraas (not yet paskened by a Kohen) found there? Suppose for example, a whole house or one of the rooms is 5x5 Amos, but has a ...
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Why does the Halacha distinguish between blessing for fragrance and before eating fruits

The Halacha distinguishes between three types of blessing of the fragrance according to their source: בורא מיני בשמים, בורא עצי בשמים, בורא עשבי בשמים. However, when coming to eating fruits the ...
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Fearing beyond parents

The commandment of respecting parents (kabed et avicha v'et imecha) has "extra" words (et and v'et) which are used in the gemara to include others in the halacha of respect (for a discussion ...
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Is viewing pirated media permitted?

Partially inspired by this question, though substantively different (I hope). There are many sites on the internet which contain pirated media (eg tv shows, movies) those sites allow anyone to view ...
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תתאה גבר in space

On earth the rule is that תתאה גבר, if kosher and not kosher mix in a hot application, it depends which is “תתאה” bottom. If the hot is bottom it’s all forbidden, if the top is hot than it’s only ...
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1answer
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Interdimensional Succahs [closed]

1: Setting aside the issues of Halachically defined time in space, and ignoring the physical constraints limiting a spacecraft from having Schach mounted properly, how should Schach be oriented to ...
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Can water that never touches food have a (non)kosher status?

I recently read the OK "Kosher Spirit" magazine, including an article about canned vegetables and kashrut concerns. The article reviews the steps in the production of canned vegetables and ...
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1answer
63 views

Doing the mehadrin level differently — does it invalidate the mitzvah?

On Channukah, the mitzvah is for a light to be lit in each household, as the Rambam (Hil Purim/Channukah, 4:1) writes, "מצותה שיהיה כל בית ובית מדליק נר אחד." If one wants to perform a "...
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1answer
119 views

Looking for source of story about the Noda Beyehuda and the Baal Shem Tov

I'm looking for a source of a supposed conversation between the Node Beyehuda and the Baal Shem Tov regarding the reliablitiy of a mystical 'halachic sixth sense' in halacha. It involved the Baal Shem ...

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