Questions tagged [halacha-theory]

Questions about theoretical issues about psak and general halacha concepts

232 questions with no upvoted or accepted answers
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11
votes
2answers
363 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 (...
8
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0answers
245 views

If the Dodo bird had a tradition of being kosher & was resurrected, would it be OK to eat again?

Came across an article titled "Could scientists resurrect the dodo bird?" and it made me wonder: suppose there was a mesorah that the Dodo bird was kosher before it went extinct in 1681. If we in ...
8
votes
1answer
306 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 ...
7
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0answers
116 views

Should people davening alone daven together?

If a few men know there will be no minyan so they choose to daven biyechidut, is there merit to their staying "together" either in shul or not? Is there a notion of "kahal" or &...
7
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0answers
173 views

Why are "Chiddushei" seforim rarely cited in the Nosi Keilim?

I noticed that when quoting Rishonim, Beis Yosef/Nosei Keilim tend to focus on Poskim (Rif (and main commentary)/Rosh/Rambam, Mordechai, Teruma, Rabbeinu Yerucham, etc.) and responsa. Very rarely do ...
7
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1answer
320 views

What defines a "בהמה" (also "חיה") for the application of kosher-animal indicators?

As discussed in *Asher Bamayim* (אשר במים) in kashrus halacha, *Tzomeach* (צוֹמֵחַ) in kashrus halacha, and *Of* (עוֹף) in kashrus halacha, there are different rules used to determine the kashrus ...
6
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0answers
62 views

What determines whether things which are forbidden because of a danger are still prohibited once we know there's no danger?

There are certain things which are prohibited because of danger, many of which are listed here. A good number of them are confirmed by modern science to not cause any (physical) harm (ex. meat and ...
6
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0answers
51 views

R' Chanina B"T's strange behavior at his execution (Kalah 5, 4)

We all know the heroic story of R' Chanina Ben Tardion in its version in Avodah Zarah 18b as he was wrapped in Sefer Torah and burned alive. Interestingly, Masechet Kalah 5, 4 (sorry couldn't find a ...
6
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1answer
258 views

Moving with magnets: what's the status in halacha?

If I move something on Shabbos with the force of a magnet, is that considered Halachicly like I move it with my hands (גופו), with my force (כוחו), indirect (גרמא), or have I done nothing? This is ...
6
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1answer
463 views

Is a psik reisha d'lo nicha or d'lo echpat judged against a communal standard?

If I perform an action on Shabbos which will cause a secondary (forbidden) action, the secondary action is assessed as to whether it is desirable, detrimental or neutral (as per Difference between ...
6
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1answer
144 views

Halachic status of ישמך אלקים כאפרים וכמנשה

Yaakov blessed Ephraim and Menashe by stating that future generations would bless their children by saying "ישמך אלקים כאפרים וכמנשה" - "God make you like Ephraim and Manasseh" (Gen. 48:20). Was this ...
5
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69 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 ...
5
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0answers
70 views

Why learning from examples vs learning from Halakhah?

Our Talmud uses different methods to teach Halachot, one of them is telling stories about Rabbis and concluding the Halachot from their behavior. One of the famous is R' Akiva in Brochos 62 (check the ...
5
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0answers
93 views

How do we determine what is inevitable enough to be a Psik Reisha?

Regarding a psik reisha, my earlier question focused on whether the resultant action is judged according to a standard, but I am also unclear about what determines the "inevitable" nature of the ...
5
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0answers
139 views

A priori decision to ask multiple rabbis

There is a known law that if one has a ruling from a rabbi, you should not go to a second rabbi for a ruling except under specific circumstances such as where you have real doubts as to the ...
5
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0answers
212 views

Suicide to prevent Zombification

This is a serious question which deals with what is now a fictional construct, but one that has ramifications and which has been dealt with (in other situations) by halachic discussion such as this ...
5
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0answers
145 views

Is there a chazakah (halachic presumption) that an Eruv is down after a blizzard?

I remember, I was once at shul Friday night, and it was just starting to snow and it was predicted to be a huge blizzard. The Rabbi got up and announced that tomorrow people should work under the ...
5
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0answers
106 views

Poskening Leniently

For situations where a Rav is searching for a lenient ruling, such as in cases of major financial loss or aguna, etc., what are the guidelines that he must follow? Is he allowed to rule like a single ...
5
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0answers
204 views

makhloket poskim and hatarat nedarim

Recently, the OU decided to certify quinoa for Pesach. Formerly, the OU held by the view of Rav Yisroel Belsky that quinoa is kitniyot, or at least that Rav Belsky's view created sufficient doubt to ...
5
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0answers
114 views

Pouring honey into a hot beverage

Can pouring honey into a hot beverage, such as tea, create a Kashruth concern? In particular, if you pour honey into hot tea with milk, can you later use the same bottle of honey to add honey to a ...
5
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0answers
238 views

What constitutes a "Hesped" (eulogy)?

There are certain dates throughout the year when one may not give a "Hesped" (eulogy) because of a certain level of happiness associated with those dates. However, I've attended funerals conducted on ...
5
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0answers
141 views

Following the stringencies of different opinions

There is a tangential discussion in 'Eruvin, Daf 6b-7a about whether or not we can take the stringencies of two conflicting opinions. The Gemara seems adamant that we cannot, though there are examples ...
5
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1answer
117 views

Clarification on the rule "זה נהנה וזה לא חסר"?

The source is in B"K 20. What is meant by "זה נהנה" and what is meant by "זה לא חסר" - is that only direct monetary damage, indirect damage, psychological/spiritual damage, temporal inconvenience etc?...
5
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2answers
203 views

Why a married woman is exempt from honoring her parents?

Although the wife should listen to the husband and make her best to please him, it is not a Mitzvah at all, and there are no DeOraytah obligations on the wife toward her husband (Rambam Ishut 22-24). ...
5
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1answer
63 views

Medicines v. Spices on Shabbos

Medicines are forbidden on shabbos for the non-critically ill because in the old days, they had to be ground with a pestle beforehand. Must not spices also be ground? How come spices are not also ...
5
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1answer
154 views

Practical עשה דוחה לא תעשה

There are a few examples frequently offered for the rule "עשה דוחה לא תעשה": Someone whose garment has four corners and linen can nonetheless put wool tzitzis on it. This is unlikely nowadays, when ...
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101 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!
4
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0answers
61 views

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 ...
4
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0answers
61 views

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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0answers
70 views

What is the source to forbid Toldos תולדות?

There are times that Torah gives specific "examples" of what is forbidden (e.g. 39 melachos given via a reference to the actions done in the משכן or through other means; Or The Torah ...
4
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0answers
94 views

Gemara Paskens for itself

Why does the Gemara decide to pasken in a select few cases and otherwise leaves the machlokes open ended for us to decide?
4
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0answers
37 views

How did the Rabbis know that people were intentionally leaving food on the stove?

The Talmud (Shabbat 38a) records the following rabbinic decree: מאי גזירתא דאמר רב יהודה בר שמואל א"ר אבא אמר רב כהנא אמר רב בתחילה היו אומרים המבשל בשבת בשוגג יאכל במזיד לא יאכל וה"ה לשוכח ...
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0answers
44 views

How many times does the law follow Samuel in ritual practice?

The Talmud (Shabbat 22a) records the following: איתמר רב אמר אין מדליקין מנר לנר ושמואל אמר מדליקין רב אמר אין מתירין ציצית מבגד לבגד ושמואל אמר מתירין מבגד לבגד רב אמר אין הלכה כרבי שמעון בגרירה ...
4
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0answers
86 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. ...
4
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0answers
32 views

Do we have Hilchot Shotrim (Policemen laws)?

"מִצְוַת עֲשֵׂה שֶׁל תּוֹרָה לְמַנּוֹת שׁוֹפְטִים וְשׁוֹטְרִים בְּכָל מְדִינָה וּמְדִינָה וּבְכָל פֶּלֶךְ וּפֶלֶךְ שֶׁנֶּאֱמַר (דברים טז יח) "שֹׁפְטִים וְשֹׁטְרִים תִּתֶּן לְךָ בְּכָל שְׁעָרֶיךָ". ...
4
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0answers
85 views

Why does steam impart dairy or meat status onto a cover?

Steam is a separate category as aroma in hilchot Kashrus. The former, if hot, contacts a pot cover, that cover would take on the dairy or meat status of the food below it. However, when water is ...
4
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0answers
66 views

What happens if Hebrew Slave goes on strike?

@Joel's answer to my previous question "whats-so-slave-ish-in-the-hebrew-slave" showed a possible difference between a slave and an employee - the later can simply walk away. That made me think: what ...
4
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0answers
81 views

How did Tur and Mechaber omit explicit Mitzvos?

When answering to "is-holding-memories-considered-bearing-a-grudge" I noticed that while נקימה ונטירה (revenge and grudges) are two explicit Mitzvos DeOrayso counted by Rambam, Smag, Chinuch, etc, ...
4
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0answers
91 views

The Tzidokim and Halacha

During Beis Sheini, as far as i understand the tzidokim were the majority of Cohanim at the time. And as far as i understand they sat on the Sanhedrin. When we see a machlokes in the Mishnah and we ...
4
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0answers
40 views

The sins mentioned in על חטא - why those?

This question about the "אשמנו" list is still left unanswered. My question is about the apparent inconsistency of the "על חטא שחטאנו" list - so many different categories of sins are listed in the ABC ...
4
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0answers
102 views

"A time to act for Hashem" and doing whatever you want

Who under what circumstances has the right to declare that a violation of halacha is in order because "it is a time to act for Hashem"? I have by now a few times seen this posuk from Tehillim used as ...
4
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0answers
34 views

When do we force people not to behave like Sedom

Inspired by DonielF's comment (Further, there are very limited cases in which we apply כופין על מדת סדום. Just because it’s זה נהנה וזה לא חסר doesn’t mean that we can force him to give his stuff.) to ...
4
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0answers
40 views

May one broker the sale non kosher restaurants?

one may not do business with foods that are forbidden to eat (shulchan aruch yore dea 117) However, if a person's business is not selling the treif item and will never comes to own any of the product ...
4
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0answers
72 views

Why do we follow the "basra'a" - later one?

We know in Shas that in various situations, when there is a machlokes as to how to pasken, we follow the opinion of he that was chronologically later. (Ex. see Tosafos to B'rachos 13b s.v. Amar Rava.) ...
4
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0answers
100 views

Descrating one Shabbat for many

The Talmud states that one may violate the Shabbat to save a life, because it's worth violating one Shabbat to let someone keep many in the future. Does this principle apply in other cases? For ...
4
votes
1answer
197 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 ...
4
votes
2answers
544 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 ...
3
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0answers
28 views

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 ...
3
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0answers
144 views

Could a Kohen Gadol retire?

Related to this question. Could a Kohen Gadol retire from his position?1 Despite being old and blind, Eli continued on as Kohen Gadol until his death. Could he have theoretically quit had he wanted to?...
3
votes
2answers
177 views

Is this case of double bal tosif, bal tosif?

There are two definitions of Bal Tosif: 1 - Do the mitzva with a change in its form (for example: getting a 5th species along with the Four Species) 2 - Do the mitzva with intention when it's not its ...

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