Questions tagged [halacha-theory]
Questions about theoretical issues about psak and general halacha concepts
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Who should observe Isru Chag?
I'm trying to understand Isru Chag. While there is indeed a source in Psalms for the words, and while the Gemara indeed derives a notion of extra celebration, there seems to be little about the scope ...
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Beside "לא תבשל", what phrases appear several times in the Torah and interpreted as different Halachot?
Famously, "לא תבשל" appears three times in the Torah in different verses:
"רֵאשִׁ֗ית בִּכּוּרֵי֙ אַדְמָ֣תְךָ֔ תָּבִ֕יא בֵּ֖ית ה"א לֹֽא־תְבַשֵּׁ֥ל גְּדִ֖י בַּחֲלֵ֥ב אִמֹּֽו׃" ...
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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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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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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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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 ...
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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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Authenticity and authority of Oral tradition
Is there a methodology used in Judaism to authenticate traditions (that it orginated from person to whom it is attributed) and deem it halacha or a correct position? For example, Muslims have what ...
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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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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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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 ...
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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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Schrödinger's cat and yibbum
Over Shabbos, the Shalosh Seudos discussion turned to the Monty Hall problem, which confused a lot of people [and which (#Humblebrag) I was able to clear up for them in under 30 seconds ;)].
Then, ...
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Conceptual reason women are exempt from Sukkah
I understand that the reason women are exempt from the mitzvah of sukkah is a halacha l'Moshe miSinai (Sukkah 28a-b). I would to know if any commentaries address the conceptual reason for this ...
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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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Can someone with a blemish be king?
I saw somewhere recently that when Tzidkkiyahu was blinded, he was invalidated from hypothetically returning to rule over Judea as king, because he now had a halachic blemish (מום). Is this true, that ...
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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?
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Is it permissible to cheat at board games?
Board games have absolutely no value - there is nothing won and nothing lost.
In such a situation is it permissible according to halakhah to cheat?
I am asking, not to find a reason to be deceitful ...
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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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Consistent philosophy in the Shulchan Aruch
If the Shulchan Aruch primarily rules based on a majority based on the Rif, Rambam and the Rosh, who each (I'm assuming) are usually philosophically internally consistent, then wouldn't the Shulchan ...
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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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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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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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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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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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Theological issues to certain brachot
According to 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 just a mashal, i.e. it is just ...
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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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Authenticity of Halacha l'Moshe MiSinai
How do we know that a Halacha which is claimed to have been given to Moshe at Sinai actually was? Especially in cases where it seems to contradict the Written Torah given at Sinai?
A Halacha l’...
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Are "Halacha To Moses from Sinai" Undisputed?
I was listening to a lecture in my synagogue in which it was mentioned ( correctly or incorrectly - I don't know ) that a הלכה למשה מסיני - Halach to Moses from Sinai is a law that has never been ...
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Machlokes Deoraisa vs Muttar - non-Jew vs Jew
If one rav paskens something is Asur Deoraisa and another Paskens totally mutar, beshas hadechak is it better to get a non-Jew to do it or a Jew whose rav holds its muttar?
For example, if a certain ...
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Why are people going back to paskining like the Rambam?
I have heard personally (and seen in chat) people (who are not Teimanim [for whom there is a tradition to rule like the Rambam]) ruling like the Rambam. I have heard that he has the authentic ...
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וכבשוה ורדו - to what extent are we allowed to domesticate/kill animals in order to utilise the Earth for our civilisation?
Part of the point of Hashem giving the Earth into our domain is a permission for us to trap, subjugate and kill animals that would harm us or be pests for our crops and homes, e.g. see Sforno 1 & ...
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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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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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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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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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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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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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Mahloket Rishonim on Techelet and no Shulhan Aruch or Bet Yosef
Mahloket Rishonim how many strings should be used in the Techelet.
One string (Raavad)
Two strings (Rashi, Tosafot, Rosh and Tur)
Half string (Rambam)
In a case of an argument like this who would we ...
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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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Hearing the "wrong" megilla reading
During the coronavirus year, there was an allowance made (according to certain opinions) for people to hear the megillah via Zoom. This question mentions that particular arrangement.
What would be the ...
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Contradiction between Shulchan Aruch Harav and his siddur
When there is a contradiction between the Shulchan Aruch Harav and his siddur,which one does the poskim use?
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