Questions tagged [halacha-theory]

Questions about theoretical issues about psak and general halacha concepts

Filter by
Sorted by
Tagged with
2
votes
1answer
106 views

Can one separate Maaser at a distance from the Tevel to save another from eating Tevel?

I heard a class about the rabbinic prohibition against separating Maaser at a significant distance from the Tevel (שלא מן המוקף). The Rabbi mentioned that one is allowed to violate this prohibition* ...
1
vote
0answers
57 views

What is the logic of the Shushan Purim davening and brachot? [duplicate]

Why is it that on Shushan Purim, when we do not say tachanun, we do not add the Purim paragraph to the amida or to the birchat hamazon? Why do the two not go together?
-2
votes
1answer
97 views

Are Jewish conjoined twins permitted to marry? [duplicate]

Being that it is forbidden to marry siblings may conjoined twins marry? Are they considered siblings or one person?
13
votes
3answers
575 views

Why does the authorship of the Zohar matter?

I've seen and heard a lot of controversy about the authorship of the Zohar, but it isn't quite clear to me that it matters. The nearest theory I can come up with is that if the Zohar is by Rashbi, ...
5
votes
2answers
130 views

Can one use terumah to light a stove?

In Pesachim 23a, the gemara (in the name of Rav Papa) derives from Numbers 18:27 that the prohibition of terumah to non-priests only applies to eating and drinking, but not to other forms of enjoyment....
1
vote
1answer
83 views

When did “Lo B'Shamayim Hi” Come Into Effect?

The concept of Lo B'Shamyim Hi (It is not in heaven) is a central tenet to the Halakhic process amongst Rabbinic Jews and is summarized nicely by this Wikipedia Article: The phrase "not in Heaven" ...
0
votes
1answer
104 views

Do the laws of shmirat ha-lashon and the principle of diyyun le-khaf zekhut protect criminals?

I have heard many times people use the laws of shemirath ha-lashon and the principle of diyyun le-khaf zekhuth almost as an excuse to ignore crimes of theft, molestation, et al among religious people. ...
-1
votes
1answer
92 views

If a person forgot whether they have already recited krias shema al hamita are they permited to say hamapil and should they do so?

based on the idea of sufek derabanan lekula (a doubt in regards to a rabbinical ruling results in a leniency) and sufek d'orysa lechumra (a doubt on a Torah ruling results in a stringency) being that ...
14
votes
4answers
626 views

Why was a bat kol able to settle the dispute between Battei Hillel and Shammai?

Eiruvin 13b recounts an argument between Beit Hillel and Beit Shammai. The argument grew very heated until a bat kol intervened and stated the famous line elu v'elu divrei elohim chayim ("These and ...
9
votes
3answers
204 views

How can the Sanhedrin ever err?

On the one hand we know that if a Sanhedrin issued an erroneous decision (which was acted upon) they must bring a sacrifice (Vayikra 4:13). On the other, we have the concept of "lo bashamayim hi" (...
1
vote
1answer
110 views

Why do most Siddurs vowelize Gd’s name?

I’m noticing that in most siddurs, while you’re not meant to pronounce Gd’s name as it’s written, they vowelize the letters as if it’s meant to be said. Is this for kavannah? Why would we need vowels ...
4
votes
1answer
153 views

What happens to those who have not completed their conversion post to the coming of moshiach?

Given that moshiach can come at any time, what will happen to those that are in the process of conversion? Certain passages such as yevamos 24b, geirus would no longer be performed in the messianic ...
12
votes
3answers
1k views

Why has the Mishnah Berurah become the Authoritative Halachik Work instead of the Aruch haShulchan?

Hirhurim just had a post about this topic, where he discussed some reasons that people should follow the aruch haShulchan. Yet in many circles, people just follow the Mishna Berura and rarely even ...
8
votes
1answer
150 views

Is a mishna or a baraysa more authoritative?

Often, an opinion in a baraysa (by which I mean to include tosefta and any other non-mishna text of tanaim's halachic statements) and an opinion in a mishna differ on a matter of law. Is there any ...
13
votes
4answers
1k views

What are the authoritative Jewish documents?

When I'm reading through answers on this site I often see users make references like - Baba Batra 75A Or Chagiga 12A I don't understand what these mean. What are the documents that Judaism ...
2
votes
3answers
429 views

How authoritative is the Kitzur Shulchan Aruch?

The Kitzur Shulchan Aruch makes some clear statements that do not reflect the range of opinions. For example, Ch 53 #2, "...in the case of...vegetables, which are eaten after they are cooked, when the ...
9
votes
1answer
208 views

What are the opinions that explain why Gemara is authoritative?

Rambam and R' Hai Gaon say that Gemara is authoritative because of minhag, but are there other opinions as to the reason? The one that I'm familiar with (or that I most identify with) is the reason ...
1
vote
2answers
125 views

Justice, mercy and halacha?

The prophet Micah said: Micah 6:8 It has been told you, O man, what is good and what the Lord requires of you: Only to act justly [‘asot mishpat], to love mercy [ahavat chesed], and to walk ...
1
vote
2answers
84 views

Allegory vs. Literalism in Judaism and How to Tell the Difference [duplicate]

In the following article, the author makes a compelling argument for why Judaism doesn't always approach scripture literally. However, although there are many examples throughout the Bible for the use ...
1
vote
1answer
43 views

Is indirect “benefit” (Hana'ah) also forbidden?

Some things are forbidden via halacha in local terms, such as eating, but some things are so forbidden that we may not derive hana'ah, benefit from them in any way. Chameitz She'avar alav HaPesach, ...
4
votes
1answer
125 views

What are the practical parameters of Mitzvah Haba'ah B'Aveirah?

There are a few questions which ask about whether the concern of a mitzvah which is (or whose practice is) contingent upon the existence of a sin applies in specific cases. But are there any clear cut ...
0
votes
2answers
76 views

What exactly were they (planning on) doing wrong here (yShabbat 16:1)?

אע''פ שאמרו אין קורין בכתבי הקודש אלא מן המנחה ולמעלה אבל שונין ודורשין בהן׃ צרך דבר נוטל ובודק׃ דלמא רבי ורבי חייא רבא ור' ישמעאל בי רבי יוסה היו יושבין ופושטין במגילת קינות ערב תשעה באב שחל להיות ...
4
votes
1answer
69 views

Volunteering to pay for an ulterior motive

I have been trying to put into words what I think might be wrong with this hypothetical -- I'm not even ready to ask about a halachic answer because I'm not clear on what the halachic question is: I ...
4
votes
2answers
283 views

What is the source for Rambam's thirteen principles?

What is the Rambam source for the thirteen principles, brought in his interpretation of the Mishna Sanhedrin 10:1? By that I mean what is his source that without these principles one does not go to ...
4
votes
3answers
1k views

What was the source of Samson's strength?

It’s a popular notion that the source of his strength is his hair, but that doesn’t seem right to me. Most supernatural powers are blessings by God for some purpose. It is known that Samson was a ...
35
votes
6answers
6k views

Does Judaism consider women inferior?

According to Orthodox Judaism, women may not be rabbis, be counted as part of a minyan, leyn from the Torah, or study the Talmud. It even says that to teach a woman Torah is to teach her obscenity! (...
4
votes
0answers
75 views

A woman saying Shehechyanu on Channukah

I have been reviewing some discussions of a married woman's obligation to light Channukah candles. It appears that according to some, a married woman, whose husband is lighting at home does not light. ...
3
votes
2answers
357 views

Netilat yadayim without a keli?

It is known that the Sefer Halakhoth Gedholoth codifies that since only the descendants of Aharon HaKohen were strictly commanded regarding netilath yadhayim with a keli, it is therefore enough for a ...
5
votes
1answer
82 views

“אלו ואלו דברי א' חיים” vs “נעשית תורה כשתי תורות” with examples

In numerous Halachic disputes I spotted two contradicting approaches: "אלו ואלו דברי א' חיים" - both approaches are legitimate and stem from the [one] living G-d. Each one is allowed to keep his way ...
4
votes
2answers
531 views

What happens to the debts after Shmitat Ksafim?

The question is rather simple - What happens to a loan after Shmitat Ksafim (I refer only to those entitled for Shmitah): Is the debt fully annulled and the Shtar/agreement invalidated in this world'...
6
votes
2answers
219 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 ...
-1
votes
1answer
80 views

How could Yehoshua hold up the sky without the consequences in the natural order? [duplicate]

I heard one explanation of this passage in Sefer Yehoshua, that the "stopping" of the sun had to do with the ceasing of its light. Yehoshua arrives at Giv'on at night, and thus Yehoshua prays for the ...
1
vote
1answer
61 views

Differences in Halachic wording - “This isn't X” or “This is not Kosher X”

In Succah 8b I noticed two different wordings regarding a Succah: א"ר לוי משום ר"מ שתי סוכות של יוצרים זו לפנים מזו - הפנימית אינה סוכה R' Levi said in the name of R' Meir: two craftsmen’s ...
0
votes
1answer
96 views

What is the finest measurement in the Talmud?

The standard Talmudic measures of length include, for example, Amah, Tefach, and Etzbah. But those measures are pretty loose, around 20% of freedom. What object or usage, in our Halacha, requires the ...
2
votes
1answer
128 views

Reasons for scattering Talmudic subjects over different Masechtot

It is easy to criticize the Rabbinical sources for inconsistency, as I did many times, but I would truly like to find a plausible and reasonable explanation for a certain trend in the Talmud based on ...
4
votes
1answer
379 views

In what sense is Hanukkah “a Yom Tov like other yamim tovim”?

The Machzor Vitry (§234) finds a scriptural source for Hanukkah in Leviticus 24:2. That the stipulation that Israelites should collect pure olive oil for the menorah should follow on from a ...
1
vote
2answers
60 views

How to differentiate between a “revealed” Halacha and Paskened one?

THis question mimics a similar question about mathematics - is it discovered or created. Our Rabbis ruled a lot of Halochos. Some of them are considered "the revelation of the original Halochos G-d ...
7
votes
4answers
265 views

חזקה מעיקרא vs ספק

I am in the middle of מחלוקת with someone as to, if I originally had a חזקה and now there's a ספק to whether that status is still true, whether I maintain that original status or my status changes to ...
10
votes
1answer
479 views

Tweeting on Shabbat: d'oraita or d'rabbanan violation?

There was a dangerous situation in my community on Shabbat and I knew (from the amount my house phone was ringing and my cell phone was buzzing) that people I knew across the world would be concerned ...
-3
votes
1answer
88 views

In case of Halachic doubt should one ask a Rabbi or assume anything will work? [duplicate]

Following comments on my other question "how-an-open-succah-oriented": Let's imagine one is facing a new Halachic reality he never heard of: he always built Succah on his 5th-floor balcony and then ...
5
votes
1answer
95 views

'Tadir' and Brachos

There is a rule 'תדיר ושאינו תדיר, תדיר קודם'. Loosely translated: When faced with two mitzvos, one must first perform the one which occurs more frequently. Q: When it comes to bracha achrona, we ...
0
votes
0answers
45 views

Is there Biblical reference to the existence of Halachah Lemoshe Misinai?

The definition of the Law(s) of Moses Misnai in WIKI from the Talmudic Encyclopedia (see also here): A Law given to Moses at Sinai refers to a halakhic law for which there is no biblical reference ...
2
votes
1answer
244 views

Why was Ruth's conversion acceptable?

Most rabbis do not allow conversion for ulterior motives (e.g to marry a Jew), because it is not for the sake of God. Let us look at the words of the prototypal convert in the Tanach. What did she ...
13
votes
1answer
147 views

Can a “brain controlled” prosthetic be used on Shabbat?

New prosthetics are controlled by brain waves which seem to make the prosthetic an extension of the body in an "organic" way, in that we control all of our own limbs through the same brain waves and ...
2
votes
1answer
80 views

Inventing Halachot or revealing (restoring) them?

תנא אלף ושבע מאות קלין וחמורין וגזירות שוות ודקדוקי סופרים נשתכחו בימי אבלו של משה: אמר רבי אבהו אעפ"כ החזירן עתניאל בן קנז מתוך פלפולו One thousand and seven hundred inferences, and verbal ...
0
votes
1answer
75 views

Eilu V'Eilu from Heaven - who said it applies to every Rabbi?

IIRC, the only examples of Elu Ve'elu (אלו ואלו דברי אלקים חיים) appear in the Talmud in the name of the Heaven (see here): Machlokes B"H and B"S (see for example Eruvin 13b): ...a Divine Voice ...
1
vote
0answers
42 views

Does existence of a Machlokes prove the lack of established Halachah?

I'm trying to understand the methodology and the dynamics of the Halachah and when the Gemmorah presents a Machlokes that is resolved generations later I arrive at the conclusions that there was no ...
4
votes
0answers
56 views

Seeking a comparison of Jewish and America law [closed]

There are at least several questions on this site about comparisons of Jewish and American law (samples below). I seek an article or book that compares Jewish and America law (where they overlap). ...
6
votes
1answer
123 views

How is Tadir determined when either one can be considered more common?

There is a principle called “Tadir v’she’eino tadir, Tadir kodem” - when presented with something commonly done and something less commonly done, the one that’s done more common takes precedence (...
2
votes
2answers
115 views

Does the mitzvah of knowing Torah exist as separate from mitzvah of learning Torah?

According to views of some authorities (Shulchan Aruch HaRav and others), learning without pronouncing words or listening to Torah recordings does not qualify as the mitzvah of Talmud Torah. ...

1 2 3 4 5 17