Questions tagged [halacha-theory]

Questions about theoretical issues about psak and general halacha concepts

Filter by
Sorted by
Tagged with
0
votes
1answer
68 views

Why Levi'im's holding of their cities is not called נחלה? [closed]

Following my previous question "measuring-levis-cities". The tribe of Levi got hold of the Cities of Refugees. IIRC, they all received some real estate inside and outside the walls that they ...
3
votes
1answer
65 views

Does “לא בשמים היא” apply to Moses?

גופא אמר רב יהודה אמר שמואל: ,שלשת אלפים הלכות נשתכחו בימי אבלו של משה "אמרו לו ליהושע שאל א"ל "לא בשמים היא Rav Yehuda says that Shmuel says: Three thousand halakhot were forgotten during ...
1
vote
0answers
27 views

How much should Rosho Verubo be for Succah measurements?

The Gemmorah (Succah 3 and Mishna on 28) states that the requirements for a Succah are that a person can fit it "ראשו ורובו" - the head and most of the body. IIRC the average body is 3 Amot (18 ...
5
votes
1answer
68 views

Why are some sins counted twice?

I am looking to understand the theology behind a negative commandment being repeated in the Torah in order to make whomever transgresses it punishable for 2 sins. See for example Rashi on Vayikra 25:...
4
votes
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". ...
1
vote
0answers
37 views

Underage Jewish King in Judaism

Parshas Shoftim deals with some Mitzvos for a Jewish King. IIRC, a son inherits his father king and can be appointed as such at any age1 - Solomon, for example, was 12 and Yoash was 7 ("בֶּן-שֶׁבַע ...
2
votes
1answer
54 views

What's more important in deciding halacha - precedent or the present?

Rashi, explaining the pasuk on inquiring of a judge (Devarim 17:9), says "and to the judge who will be in those days": Although this judge may not be [of the same stature] as other judges who ...
2
votes
1answer
74 views

Is conspiracy a crime under Jewish law? If so, under what circumstances?

In US law, criminal conspiracy is a crime. (See below for definition.) Is there a similar concept in halacha and, if so, under what circumstances and how does it work (e.g., when is it a crime and ...
1
vote
1answer
243 views

Does Isaiah 66 say that the non-Jews can keep Shabbos?

Given the context of Isaiah, I always seen the expression כל בשר as a reference to am yisroel, given the expressions of לא רחמה and לא עמי in Hosea 1-2. I've always understood it as all Israel in its ...
1
vote
0answers
41 views

Is synthetically generated water Kosher for Mikve? [duplicate]

Following "was-beer-miryam-kosher-as-a-mikve", Water can be generated synthetically from hydrogen and oxygen (don't try it at home!). Is this water Kosher for Mikve dip?
7
votes
3answers
228 views

Did Israelites who stayed in Egypt become halachically Jewish?

Some sources indicate that not all of the Israelites left Egypt during the Exodus. On the other hand, the initial "conversion" of the Israelites to Judaism occurred at Matan Torah at Mt. Sinai during ...
-1
votes
1answer
102 views

Was Be'er Miryam Kosher as a Mikve?

Following "did-the-bnei-israel-go-to-the-mikveh-in-the-desert": Based on our Halacha, given its divine supernatural essence, would Be'er Miryam be Kosher as a Mikve, if its water would pour out to a ...
8
votes
4answers
215 views

What are the Biblical sources for rabbinic authority?

I am currently learning in a s'micha program. I was challenged by one of my old friends to find a source for our modern understanding of rabbinic authority that does not require circular reasoning ...
5
votes
1answer
259 views

Which drashot require a mesorah?

From what I've heard, two of them have definite rules: Kal Vachomer doesn't need a mesorah. Gezeirah Shavah does need a mesorah. But what about everything else, such as a Hekesh, or a Clal u'prat, ...
2
votes
1answer
78 views

Birchas Ha'Gomel and probabilistic dangers

There are many questions of the type "Is Bh"G said after X". The simplified understanding of the Gemmorah in Brochos 54b (see Rash"i "צריכין להודות - כשיוצאין מן הסכנה:") is that the 4 cases present [...
-2
votes
1answer
86 views

Why there's no Deoraytah prohibition of altering Torah scroll?

Following my other question "no-anti-altering-failsafe-measures". Please correct me if I'm wrong, one who alters one letter of a Torah scroll invalidates it in whole (שו"ע יו"ד רעד). But I don't ...
-2
votes
2answers
77 views

Does Judaism discourage inquiring after the dead? [closed]

My aunt has recently passed away suddenly. It is hard to believe. Although I am coming to understand more and more the meaning of her passing, I am still unsettled that HaShem has let this decree ...
4
votes
0answers
56 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 ...
6
votes
3answers
513 views

Understanding the reasoning for “be killed rather than kill”

Sanhedrin 74a teaches us the source for how we know a person should be killed rather than kill: סברא הוא [...] מי יימר דדמא דידך סומק טפי דילמא דמא דהוא גברא סומק טפי It's based on logical ...
4
votes
1answer
91 views

Source that אמונת חכמים applies to the Sages' knowledge besides Halachah

Tons of Jewish responsa (incl. this site) is based on a common belief/premise that the Talmudic Sages knew what they say and that everything they said is true - אמונת חכמים (see this question on this ...
3
votes
1answer
54 views

Earliest application of "frailty/feebleness descended upon humanity” (״ירדה חולשה לעולם״)

A popular saying in various fields of halachah (Jewish law) is “frailty/feebleness descended upon humanity” (״ירדה חולשה לעולם״). This is perhaps most known in the area of fasting where some ...
5
votes
2answers
1k views

May a man marry the women with whom he committed adultery?

A single man commits adultery with a married woman. Later the woman divorces her husband, and wishes to marry the single man with whom she had the meretricious relationship. Is this allowed?
-4
votes
2answers
149 views

Did Rabbis speculate on the future of Judaism? [closed]

As we all know, Judaism is a flexible, human-driven (human Rabbis I mean), masses-friendly religion. While the basic premises remain intact, the Halachic norms change - things that were widely ...
2
votes
0answers
61 views

How was the appropriate death penalty decided for each sin?

There are four capital punishments (Skilah, Sreifah, Hereg and Chenek) and there seems to be a hierarchy in terms of severity (heavy to light) but is there any discussion of how the specific crime ...
0
votes
1answer
67 views

Did Rabbis reflect on their cognitive processes?

I was probably too harsh attributing various cognitive biases to Rabbis, so I'd like apologize and to step back. With some background in Cognitive sciences, I'm very interested in understanding the ...
0
votes
0answers
60 views

Sources discussing Trick Candles

Are there any rabbinic sources which discuss whether one can blow out a "trick candle" on Shabbat? I see issues related to m'chabeh but also possibly mavir, but because the intent is not to relight, ...
3
votes
2answers
163 views

Do slaves owned by jews observe shabbat (day of rest)?

To my understanding it is a commandment of God that those who live among jews observe Shabbat. Historically, slaves owned by jews must have lived among them. Does Gods commandment apply to slaves, if ...
-1
votes
3answers
132 views

Can Rabbis decide whether non-Jews are getting a piece of the Next World?

I remember asking about the limitations of the Rabbinical rulings, based on "לא בשמים היא" within Judaism. After other questions dealt with deciding whether Gentiles in general or any specific group (...
3
votes
2answers
372 views

Amira L'Akum not on Shabbat

One may not ask a non-Jew to do an action on behalf of the Jew if the action is assur on Shabbat (a gross over simplification, I know). This would constitute Amira L'Akum (or Nochri). Is there a ...
2
votes
0answers
65 views

How MiYodea and other knowledge-sharing sites influence the future of Judaism?

The previously unknown availability and abundance of knowledge, both religious, and scientific surely impose a serious challenge to the existing structure of Torah study. I hear many Rabbis, Ram"im, ...
2
votes
0answers
38 views

Is it a mitzvah to create a situation for others to be mekayem a mitzvah?

I recall reading (though I can't find it) that the person who was punished for collecting sticks on Shabbat was actually doing so in an effort to help others see the laws of Shabbat in practice (or ...
2
votes
2answers
84 views

Is there an idea of Beit Din unlawfully pardoning, as opposed to unlawfully killing?

A Jewish Court is allowed to kill a person if it considers the killing worthy even if it is unlawful by the existing Jewish Halacha. This is called עונשין שלא מן הדין (Meggilat Taanit 86, also ...
-4
votes
2answers
145 views

What constrains Judaism from developing into violent fanaticism?

When we discuss the religious that spun off Judaism, we attribute their malicious and unanimously condemned artifacts like Crusades and Jihad to the fact that they "altered the sacred tradition" or ...
10
votes
3answers
2k views

Why were Er and Onan punished if they were under 20?

As seen from this question, the Heavenly Court does not punish an individual (at least in this life) if he or she is under 20. However, according to Seder Hadoros (Year 2217) Er and Onan were 7 or 8 ...
4
votes
2answers
99 views

Did Yiftach's daughter have to comply with his vow?

In Judges chapter 11 Yiftach vows to dedicate whatever first comes out of the doors of his home to God (perhaps to be sacrificed as an offering) should he be victorious in battle. After his victory ...
6
votes
1answer
111 views

Can a Judge Issue a Ruling After his Death?

In a recent decision (No. 18-272, Yovino v. Rizo, decided February 25, 2019 Per Curiam, properly cited as 586 U. S. ___ (2019)), the United States Supreme Court (SCOTUS) dealt with the matter of a ...
1
vote
0answers
49 views

Blessing for indistinguishably unrecognizable corn

Halachic authorities rule that very similar products, such as different brands of Corn Flakes, have different blessings. See, e.g., Rabbi Dovid Haber, writing for the Star-K, and citing Rav Moshe ...
3
votes
0answers
64 views

How does Rambam decide what defines a Mitzvah?

Rambam in Sefer Hamitzvos lists 14 rules that guided him in writing his Sefer Hamitzvos. Practically all of them focus on what does not consitute a Mitzvah Deoraytah: השרש הראשון שאין ראוי למנות ...
-5
votes
1answer
73 views

Why must a convicted Jew be executed immediately? [closed]

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
votes
1answer
256 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
votes
2answers
244 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
votes
2answers
80 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
votes
3answers
106 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
votes
1answer
93 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
votes
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
votes
0answers
40 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
vote
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 ...
1
vote
0answers
51 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
votes
3answers
664 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
vote
0answers
33 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 ...

1 2 3 4 5 17