Questions tagged [halacha-theory]

Questions about theoretical issues about psak and general halacha concepts

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-5
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1answer
70 views

Why must a convicted Jew be executed immediately?

Here are some speculations why I would think Judaism would never execute [rightfully] convicted Jews right away: We don't like killing people (even those who deserve it) and try everything within our ...
3
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1answer
251 views

Did Rabbi Akiva accept arguments from ignorance?

There's a common principle found in various academic disciplines, that absence of proof does not equal proof of absence (ie: a lack of evidence for something doesn't mean that it does not exist). I am ...
0
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2answers
238 views

How many Mitzvos does the Mishnah cover?

How many (out of the 613 Deoraytah) Mitzvos are explicitly discussed in the 6 Sdarim of the Mishah (not including those that are only mentioned tangentially, like Kibud Av at the beginning of Peah)?
5
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2answers
78 views

Source for the requirement for an action to be within “toch k'dei dibbur” of a warning for Capital Punishment

In order for a person to be killed by Beis Din via a capital punishment, there needs to be: a) 2 witnesses (Deuteronomy 19:15) that saw him transgress a sin that is liable to death. b) a warning ("...
2
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3answers
101 views

What Jewish monetary laws defy common logic?

While most laws stem from the Sages' logic presented in the Gemmorah, there is a subset of Halochos called Hukim (decrees) that are to be taken without understanding their reasoning. Are there Hukim ...
-9
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1answer
84 views

Where did Moses' applied scientific knowledge disappear?

I had a series of seemingly true statements that lead me to a contradiction I'm unable to solve: Moses knew all the Torah => Moses knew all the Halacha. Moses knew all the Halochos of Shabbos => when ...
2
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0answers
17 views

Counting parts of a Mitzvah as a Mitzvah (Rambam's 12th principle)

Rambam in Sefer Hamitzvos lays [his own] principles of what counts as a Mitzvah and what's not. The 12th principle says that: שאין ראוי למנות חלקי המלאכה מהמלאכות שבא הצווי בעשייתם כל חלק וחלק בפני ...
3
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0answers
38 views

Case Study: Kashrut of Tapioca Starch

I have heard different answers from representatives of the cRc and the Star-K regarding the kashrut of un-certified tapioca starch. While both agree that it requires a hechsher for Pessach, the Star-K ...
1
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0answers
25 views

Do the works on sacrifices require Blessings to validate the intent?

Disclaimer: this is not a Halachic question and I didn't research much yet. There's a whole subject of having wrong thoughts when bringing a sacrifice and performing numerous actions by the owner or ...
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0answers
49 views

“A prophet cannot renew Halachot” rule limitations

Divrei HaYamim describes the process of building of the first Temple, hinting that the exact plan was prophesied: וַיִּתֵּן דָּוִיד לִשְׁלֹמֹה בְנוֹ אֶת־תַּבְנִית הָאוּלָם וְאֶת־בָּתָּיו ...
8
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3answers
656 views

Is the first of the 10 Commandments considered a mitzvah?

I realize that the English translation of עשרת הדברים / דברות is better translated as "Ten pronouncements" rather than "10 Commandments". However, in viewing the text, 2 - 10 seem to be commanding ...
1
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0answers
32 views

Obligation of a Beis Din to judge and decide on Issurim?

THe question about the baby switch made me think of this question: In the realm of Issurim (Arayos, Mamzerim, conversion, Kohen, etc) when new evidence arises, is a Beis Din and what Beis Din ...
4
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1answer
52 views

Are there limitations of the principle “Not in Heaven”?

A similar question was closed, but I'm going to elaborate on it: It is universally accepted that after the principle was accepted (B"M 59b) in times of R' Eliezer, the Rabbis have the power to rule ...
1
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1answer
63 views

Why did Sanhedrin deal with who has a share in Olam Habah?

The Gemmorah (Sanhedrin 104b) describes that the members of the Great Assembly dealt with the question of who does or does not deserve a share in the World to Come. As they demonstratively disagreed ...
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38 views

Altered non-porcine treif animals- kosher or not? [duplicate]

If one was able to alter a non-porcine treif animal to make it chew its cud and have split hooves, would that animal be kosher? This question If a pig was genetically modified to chew its cud, would ...
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0answers
34 views

Derech g'dilasan: the requirement for mitzva objects to be used in the manner in which they grew

The mishna quotes Rabbi Yosi (Suka 3:14) saying that if one carried a lulav in the public domain without thinking on the first day of Sukos which was also shabas it would not count as a violation of ...
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1answer
42 views

How the crown of a good name (כתר שם טוב) was Halachicly left out?

רַבִּי שִׁמְעוֹן אוֹמֵר, שְׁלשָׁה כְתָרִים הֵם, כֶּתֶר תּוֹרָה וְכֶתֶר כְּהֻנָּה וְכֶתֶר מַלְכוּת, :וְכֶתֶר שֵׁם טוֹב עוֹלֶה עַל גַּבֵּיהֶן Rabbi Shimon said: There are three crowns: the ...
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1answer
34 views

What signs in Gemmorah suggest that a ruling must hold forever?

The reasoning of the Gemmorah's Rabbis is very fluid and everchanging, each generation offering new interpretations, considerations, measures, and decrees. Usually, the development of the Halachah, ...
1
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3answers
103 views

Torah 'not in Heaven' and free choice

The concept of “Torah lo b’shomayim hi” is usually taken to mean that the halacha is not decided (by G-d) in Heaven, but rather by people here on Earth. However, since nothing happens outside of G-d’s ...
3
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1answer
45 views

Why is the halacha according to R. Meir against R. Shimon?

The mishna Keilim 7:4-5 (just :5 in other versions) brings a series of cases in which an item is connected by Rabbinic law (and not by Torah law; see Rambam's commentary) to another item, and in each ...
1
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2answers
86 views

Are complete chuliyot (the groupings of 3 windings) a requirement in tzitzit?

Generally speaking, the chuliyot are a constant reminder of the arrangement and system of the three kavin (also called pillars) which G-d established throughout all of creation. But are they an ...
2
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0answers
24 views

Halachic ground for opening an voluntary war against other nations

Jews are Halachicly allowed to start a voluntary war to conquer and enslave other nations and to expand the Jewish kingdom (Rambam Melachim 5). As the Halachah forbids both killing and robbing non-...
0
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1answer
41 views

Which mourning laws does an Ashkenazi son follow after his Sefardi mother's death?

An Ashkenazi son (his father was a Yekke) who mourns after his Sefardi mother - does he follow Ashkenazi Minhagim of Avelut (Kaddish for 11 months exactly for example) of Sefardi?
2
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1answer
111 views

Exemption from wearing tallit katan other than in extreme heat?

בס"ד I saw an exemption for wearing a tallit katan if the tempature is extremely high. I think this was cited by the Tzitz Eliezer, but I can't find it. Are there other exceptions?
5
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1answer
79 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 ...
2
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1answer
104 views

Does a child's life take precedence over a parent's life?

The Talmud in Bava Metzia 62a brings a scenario where if two people were traveling in the desert and one has a flask of water but there's only enough water for one of them to reach civilization alive: ...
0
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1answer
57 views

Is armed bank robbery considered Gezel or Gnevah?

Halachicly, Is armed bank robbery, in working hours, where the robbers wear masks and are unidentified, considered Gezel or Gnevah? I'm confused with Rambam's definitions in Hilchos Gnevah 1.
2
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0answers
63 views

Why can Avodah Zara be בטל בשישים?

If עבודה זרה is so strict, why can it be בטל by 1/60 in דבר שלא במינו? (see :עבודה זרה ע"ג)
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1answer
42 views

How do we understand the thought that we should worship G-d and follow his will because we are his servants?

Why are we G-d's "servants/ slaves"? He doesn't need any servants/slaves. How do we understand, "Go and do mitzvos, because we are his slaves!" (Ana avda dikudsha brich hu.)
2
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0answers
27 views

Logic behind אם אינו ענין

Every now and again Chazal use a method of exegesis of the form אם אינו ענין ל___ תנהו לענין ___‏ which means that if a word or phrase is extra, due to the halacha it apparently teaches being ...
1
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2answers
499 views

Do Rabbis admit emotional involvement in their rulings?

Emotions affect the way humans solve problems and make decisions. Leniency or stringency of Halachic Psakim might sometimes stem from the way Rabbis experience the reality emotionally - for example, ...
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0answers
68 views

Does Milchemet Mitzvah (obligatory war) require a King?

אֵין הַמֶּלֶךְ נִלְחָם תְּחִלָּה אֶלָּא מִלְחֶמֶת מִצְוָה.‏ וְאֵי זוֹ הִיא מִלְחֶמֶת מִצְוָה?‏ זוֹ מִלְחֶמֶת שִׁבְעָה עֲמָמִים. וּמִלְחֶמֶת עֲמָלֵק.‏ וְעֶזְרַת יִשְׂרָאֵל מִיַּד צָר ...
0
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1answer
97 views

Circumventing the conversion fuss by enslaving and freeing

Can a long path of the Orthodox conversion be circumvented by the following procedure*? Enslaving a Gentile person by buying from him/herself Dipping him/her in a Mikve before a Beis Din for the ...
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2answers
90 views

No new “official” Jewish commemorative days?

The last "official" Jewish commemorative day was added 2000 years ago. Why can't there be any new ones (approved by ALL), considering all that's happened to Jews since? Jewish communities have local ...
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0answers
63 views

Rabbinic responsa on Remembering the fallen IDF soldiers

I know it is a heavy and very "politically" loaded question, but I'd try my best to formulate it in a most neutral way: 24 thousands of R' Akivah students allegedly died of their own sins some 2000 ...
3
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3answers
122 views

Why does a fresh convert retain his property?

It seems pretty obvious that a convert keeps his property. It is also Halachicly valid - a convert does not re-acquire his property back after conversion (see Mishnah_Peah.4.6 or Mishnah_Challah.3.6 ...
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0answers
65 views

Fixing tzitzis on shabbos?

This question is assuming that one may not tighten a regular tzitzis knot on shabbos, using the rule of “אין עשה דוחה את לא תעשה ועשה” (as seen in Beitza 8b and Bava Metzia 30a), and that without at ...
0
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1answer
97 views

Was the bat kol right?

In Bava Metzia 59b, the rabbis are discussing a matter of halacha, and at some point a Voice from Heaven (bat kol) interjects an opinion. The rabbis reply that the Torah is out of God's hands (they ...
2
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0answers
74 views

Breaking an Omer restriction

In a hypothetical case, I have chosen to observe the restrictions of the Omer during the "first half." But then, I am placed in a situation at which happy live music is being played. Does my presence ...
-3
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1answer
47 views

Particular Pesach Halochos historical trends

I'm looking for particular Pesach Halochos that were either permitted in the times of the Gemmorah or Rishonim and forbidden later by the Achronim or the contemporary Rabbis and the vice verse - that ...
3
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2answers
124 views

Why don't we (or when do we) use a lenient definition of nightfall on seder nights?

There are various positions on when we can say maariv (evening prayers), corresponding to various positions on when the day ends (and, thus, a new day begins which starts from the night). But the ...
2
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0answers
29 views

Can being fastidious and delicate (איסטניס) get lenience in cleaning for Pesach?

The agricultural and technological revolutions changed a lot in our perception of food and we all became more fastidious and delicate (is it good for איסטניס?) - we even have expiration dates on ...
2
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0answers
30 views

Why for Rambam learning and teaching Torah are not two different Mitzvos?

Rambam in Sefer Hamitzvos #11 and in Mishne Torah Hil. Talmud Torah rules that studying and teaching Torah are one Mitzvah: היא שצונו ללמוד תורה וללמדה וזהו הנקרא תלמוד תורה, והוא אמרו ושננתם ...
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40 views

Why the Torah is not read in public every day?

Following my previous question, the Prophets (Moses) commanded the Jewish nation to read the Torah in public three days a week (B"K 82a): עמדו נביאים שביניהם ותיקנו להם שיהו קורין בשבת ומפסיקין ...
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0answers
17 views

Why fearing the Temple is a Mitzvah on its own?

Rambam Positive Mitzvos #21: היא שצונו לירא מן המקדש הזה מאד עד שנשים בנפשנו משא הפחד והיראה וזה מיראת מקדש והוא אמרו יתעלה את מקדשי תיראו. Rambam brings Safri that explains: ושם נאמר גם כן לא ...
3
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0answers
44 views

Why Poskim don't work and write in groups?

At any given moment there are several leading (and hundreds of secondary) Rabbis and Poskim. Each one running his own Yeshivah, writing his books and issuing his own Psakim. I understood that the ...
0
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0answers
51 views

List of Mitzvot Kiyumis? (ie voluntary/ conditional mitzvot)

Does a list of Mitzvot Kiyumis (voluntary/ conditional mitzvot) exist? Some examples I remember learning: Vilna Gaon (Ma'aseh Rav 185)- Eating Matzah the last 7 days of Pesach Rav Moshe Feinstein ...
0
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1answer
53 views

What rules did Hamechaber set to himself before compiling the Shulchan Aruch?

Following Doniel's question, did R' Yosef Karo accept himself a set of fixed rules/guidelines by which he is going to compile the Shulchan Aruch? For example, the order of Halochos, what he brings ...
1
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0answers
58 views

Mathematical functions in Jewish Halacha [closed]

What mathematical operators, functions, and constants are mentioned in the Halachah besides addition, subtraction, multiplication, and division? For example: powers and square or other roots, Pi etc....
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1answer
70 views

Why Halachot LiMosheh MiSinai can not be derived from the Torah?

The existence of the term "Halachot LiMosheh MiSinai" hints on the fact that some Halochos are not derived / can not be derived from Torah in any way but Moses received them orally. Because if it was, ...