Questions tagged [halacha-theory]

Questions about theoretical issues about psak and general halacha concepts

Filter by
Sorted by
Tagged with
0
votes
1answer
34 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
vote
0answers
42 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?
-2
votes
0answers
55 views

Was R"G's Kidush Hachodesh a miscalculation or a malicious act (Rosh Hashana 25a)?

In the famous debates between R' Gamliel and R' Yehoshua, the latter was deeply offended and R'Akiva consoled him by implying that R"G had scriptural support: M:"...two witnesses came and ...
1
vote
2answers
224 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 ...
11
votes
2answers
332 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 (...
1
vote
1answer
112 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
74 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." ...
-1
votes
1answer
63 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 ...
1
vote
1answer
95 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 ...
1
vote
1answer
97 views

Can a Beit-Din force a Jew to save another Jew's life?

A Jew that's terminally ill R"l, and the only treatment is through a bone marrow transplant. He has a very special type of blood (this is not a biological question). So theoretically and ...
0
votes
1answer
85 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
votes
0answers
21 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 ...
2
votes
1answer
99 views

What were the "pieces" of Moses' transmission of the Oral Law?

BT Eruvin 54b presents the method of Moses' Torah study: תנו רבנן: כיצד סדר משנה? משה למד מפי הגבורה. נכנס אהרן ושנה לו משה פירקו ... נכנסו בניו ושנה להן משה פירקן ... וכו' The Sages taught: What was ...
0
votes
1answer
105 views

When were the names of Mishna Tractates set?

When were the names of the 60 Tractates and 6 Sdarim set? (WIKI here).
11
votes
1answer
238 views

Hiddur Mitzvah for a la'av - does it exist?

One of the reasons given for people having long peyos is because there is a prohibition to cut them very short and they are beautifying the mitzvah by letting then grow really long. My thinking that ...
4
votes
1answer
484 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
0answers
47 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
vote
0answers
91 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 ...
1
vote
1answer
46 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 ...
9
votes
2answers
704 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 ...
4
votes
2answers
350 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?
3
votes
4answers
182 views

Do the Talmudic disputes prove absence of ruled Halachah (הלכה פסוקה)

This is a serious question about our understanding of the development of the current Halachah. When I started my Teshuvah some 30 years ago, I was told that the Sages knew the Whole Torah and their ...
5
votes
2answers
380 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
2answers
160 views

תיקו How can we rely on Eliyohu to decide halachic issues? The Torah is to be decided on earth.

Halachic discussions in the Gemoro can end with the word תיקו. According to one view in Hebrew Wikpedia it stands for תשבי יתרץ קושיות ובעיות. שמשמעותן: השאלה תעמוד ותוכרע רק כאשר יבוא התשבי -אליהו ...
2
votes
1answer
161 views

Is one allowed to publicize stories about Rabbis without asking them first?

THe approach of learning Halochos or Middos or behaviors from observing Tzaddikim's behavior alone is very common in our literature and is even rooted in Gemmorah (Brochos 62): תניא אמר רבי עקיבא פעם ...
6
votes
3answers
197 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
92 views

Is this case of double bal tosif, bal tosif?

There are two definitions of Bal Tosif: 1 - Do the mitzva with a change on its form (for example: getting a 5th specie along with the Four Species) 2 - Do the mitzva with intention when is not it's ...
3
votes
2answers
297 views

To what extent are non-Chasidim bound by kabbalah?

Chassidim seem to follow the views of kabbalah to a greater degree than non-Chassidim. What status does kabbalah have in determing the practical halacha for non-Chassidim?
0
votes
1answer
95 views

Is there an obligation to ask for forgiveness?

Though it is part of the t'shuva process, I wonder if asking mechila from people exists as a separate and distinct obligation. Must I either seek out individuals and ask for forgiveness for both ...
0
votes
1answer
87 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)...
8
votes
1answer
304 views

Would suicide be considered acceptable if it was done to prevent yourself being sacrificed to an idol deity?

This is an oddly specific question but the thought came to me and I wanted to know what your opinions on it would be. Historically speaking, human sacrifice was a regular occurrence in various pagan ...
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 ...
-1
votes
1answer
110 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 ?
4
votes
0answers
93 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!
13
votes
1answer
995 views

What if the Kohen Gadol accidentally kills someone?

An ordinary person who accidentally kills someone has to go to an Ir Miklat (city of refuge) until the Kohen Gadol dies. But what if it's the Kohen Gadol himself who accidentally kills? He would ...
1
vote
1answer
436 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?
0
votes
0answers
75 views

Are prediction markets kosher?

What is the halachic status of prediction markets? Are Jews allowed to employ them?
2
votes
0answers
58 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
93 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
90 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
1answer
40 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 ...
1
vote
2answers
41 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 ...
3
votes
1answer
124 views

How many time-bound positive mitzvot are women obligated in?

Women are generally not obligated in positive mitzvot bound by time. There are some exceptions, such as eating matzah on Pesach and making kiddush on Shabbat. What other time-bound positive mitzvot ...
7
votes
4answers
515 views

Reason why women are obligated to eat Matza - why not like Chanuka and Purim?

Pesachim 43: says that women are obligated in the Mitzva of Matza since they are obligated in the prohibition of not eating Chametz. Why do we not say that the reason is since they were part of the ...
5
votes
0answers
68 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 ...
9
votes
5answers
340 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 ...
1
vote
0answers
70 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 ...
4
votes
1answer
112 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 ...

1
2 3 4 5
20