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Questions tagged [halacha-theory]

Questions about theoretical issues about psak and general halacha concepts

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29 views

Derobonon extensions of mide'oraita laws - list

In Mas. Kiddushin, 45b, the gemara discusses a woman who has undergone eirusin but the status of her nesuin is in doubt. The question arises as to whether she can (if she married a kohein) eat of his ...
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3answers
157 views

Is hastening death of a Jew allowed for a non-Jew?

A Jew may not do anything which will hasten the death of another Jew. This is a selection from here, by Rabbi J. David Bleich (I added the bolding) The practice of euthanasia-whether active or ...
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2answers
76 views

Do cremated animal remains contaminate with Tumas Mes, Nevela or Sherets?

If I keep an urn at home containing the ashes of my deceased and cremated favourite pet, if I touch/carry the ashes does this make me tamei ?
4
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110 views

What happens to those who have not completed their conversion post to the coming of moshiach?

Given that moshiach can come at any time, what will happen to those that are in the process of conversion? Certain passages such as yevamos 24b, geirus would no longer be performed in the messianic ...
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58 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 ...
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1answer
35 views

Controversies in counting the 24 organs of freeing the slave

I've already asked a couple of questions on the counting of the 248 body organs, see the list. Lately, I asked some question on slavery and here's where those topics cross. The Gemmorah in Kiddushin ...
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1answer
50 views

What gives a rav authority to grant his own semichah?

I have heard many stories about people receiving private semichah from rabbanim, even into the 20th century, under such figures as the Chofetz Chaim, R' Moshe Feinstein, and R' Isser Zalman Meltzer; a ...
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3answers
199 views

What's worse: eating a cheeseburger or eating pork?

Both eating a non-kosher cheeseburger and pork are assur, but suppose one is stuck on a desert island and has only these two options (the bun has already been eaten). What should one do? Is eating ...
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65 views

What's so slave-ish in the Hebrew Slave?

I'm trying to compare the status and duties of a Hebrew slave that sells himself to slavery versus a man that agrees to work for 7 years (שכיר שבוע), as in B"M 9,11: "שְׂכִיר שַׁבָּת, שְׂכִיר חֹדֶשׁ, ...
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62 views

What are the practical parameters of Mitzvah Haba'ah B'Aveirah?

There are a few questions which ask about whether the concern of a mitzvah which is (or whose practice is) contingent upon the existence of a sin applies in specific cases. But are there any clear cut ...
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38 views

What prevents a needy from stealing and being sold into slavery?

Imagine a poor Jewish guy with a screaming wife and 12 little kids that went bankrupt and lost everything he had. He still needs to support himself and his family. What prevents him from selecting ...
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116 views

Why did G-d promise the former slaves to continue cultivating slavery?

This question is a different aspect of the previous question "why-parshas-mishpatim-begin-with-laws-of-slaves". A man that is discharged from a prison promises to never get back. A nation that was ...
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1answer
75 views

How was the Mekalel given the death penalty if the punishment wasn’t known?

Inspired by How was the Mekoshesh given the death penalty if the punishment wasn't known yet? The OP there asks how the Mekoshesh, the one who chopped wood on Shabbos could be put to death if he ...
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19 views

How to beware of the prohibition of Ona'a?

When learning about Ona'a (ShuA CM רכ"ז) I notice, that despite the long list of Halochos there are no measures of prevention mentioned either for the seller or the buyer(as far as I could see). I ...
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124 views

Can a “brain controlled” prosthetic be used on Shabbat?

New prosthetics are controlled by brain waves which seem to make the prosthetic an extension of the body in an "organic" way, in that we control all of our own limbs through the same brain waves and ...
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36 views

What did R' Zeira mean to forget from his Babylonian learning?

Following the previous question: The Gemmorah BM 85a: "ר' זירא כי סליק לארעא דישראל יתיב מאה תעניתא דלשתכח גמרא בבלאה מיניה כי היכי דלא נטרדיה" "When Rabbi Zeira ascended from Babylonia to ...
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70 views

Severity of covering the hair for women

I've heard Rabbi Yaron Reuben saying women who do not wear kisui rosh (putting the dispute of wigs as an exception), are like a woman who sinned before her husband. The Rabbi said that the kohen used ...
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2answers
44 views

Can one's merits or one's part in the World To Come be traded?

Say, someone is very afraid of his sins and the future punishment in Afterdeath. However, he did a lot of Mitzvos also and he's promised a part in the WTC as all Jews are. Can he trade in the ...
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40 views

Gender transition and divorce [duplicate]

If a married woman undergoes gender reassignment surgery(warning: explicit language is used) and hormonal treatments to become a male how would a halachic divorce be performed? Would one even be ...
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57 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, ...
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109 views

How could the law of marrying the rape victim ever be implemented?

I ask this in good faith as I am religious. How is it possible for this situation to come about? If you claim the rapist must receive a punishment via the fines, then we know that at least two ...
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53 views

Why the Gemmorah's disputes are left unresolved?

In the Gemmorah we can see three types of the Halachic resolution of a dispute: the issue is settled and the Halachah is clearly ruled multiple approaches mentioned but there's no clear resolution ...
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90 views

Can G-d be put in Charem

I came across this article: The Time Has Come for God to Reveal the Messiah, Says Jerusalem’s Chief Rabbi. The jist of the article that Chief Rabbi Amar and two other Rabbis announced as a ruling ...
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20 views

When and how a court's sale is invalidated?

The topic of דיינים שטעו is common in the Gemmorah. Numerous passages discuss what happens when a court gives a "wrong" ruling as a result of different mistakes, either in Halachic knowledge, common ...
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1answer
55 views

Logic and psychology of forgoing 17% (שתות)

While researching on Shtut, WIKI says that the reason for that forgiveness is either הלכה למשה מסיני or human psychology. Indeed, Rambam Mechira 12,3 writes: "הָיְתָה הַהוֹנָיָה פָּחוֹת מִזֶּה ...
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18 views

The assessment (שומה) of the judges - how it's done?

There are a lot of Mishnayos and Gemoros discussing שומת דיינים. E.g. Kesubos 99b: "מתני׳: שום הדיינין שפיחתו שתות או הוסיפו שתות מכרן בטל" "The assessment of the judges of the value of a ...
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142 views

If a Mesorah for letter pronunciation is rediscovered, would we have to change our pronunciations?

Let's say that someone finds some historical evidence that a particular system of pronunciations, whether it be currently extant or not, is the one which Klal Yisrael used at the time of Kabalas ...
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1answer
30 views

Who was responsible for keeping the original measures - weights and rulers?

The Torah obligates us to keep the proper measures in weights and rulers, like Amah and Tefach and Log and Shekel and Selah. Let's imagine there's an argument in court about house footage - one says ...
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1answer
55 views

How do we explain the application of כל הקבוע כמחצה על מחצה and כל דפריש מרובא פריש? [duplicate]

related: Does דבר שיש לו מתירין apply to כל דפריש‎? Sh O, O Ch, 439 (1). This is one of the places where we find the difference between כל הקבוע כמחצה על מחצה and כל דפריש מרובא פריש. דין מי ...
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138 views

Should Moshiach be Gdol Hador according to Rambam and R' Akiva?

Rambam Melachim 11 states that Moshiach should be one who studies Torah: "וְאִם יַעֲמֹד מֶלֶךְ מִבֵּית דָּוִד הוֹגֶה בַּתּוֹרָה וְעוֹסֵק בְּמִצְוֹת כְּדָוִד אָבִיו." "Now, if a king should ...
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1answer
101 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?...
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80 views

Even though “ayn shliach l'dvar aveirah” does the person who sent him also get a punishment?

The Mishnah in Bava Kamma 59a tells us that if Reuven sent a חרש שוטה וקטן (a person who does not understand the repercussions of his actions or under Bar Mitzva) to do a destructive action e.g ...
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1answer
194 views

How did Tzedukim practice fundamental Halachic principles not mentioned in the written Torah?

Many basic and fundamental Halachic principles are not mentioned in the Torah at all but learned by the Sages only from some [even seemingly unrelated] Psukim. For example, Kiddushin is not mentioned ...
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72 views

The Four Authorities of a theoretical Halachic Jewish State

I have found traditionally four types of authorities for the governing/ruling of the Jewish nation: A Prophet (like Moses or Shmuel) A Kohen Gadol (Pinchas) Sanhedrin with Nessi A King (Saul, David) (...
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53 views

Is there a concept of imprisonment in Jewish law? [duplicate]

Outside of a case I can't exactly recall (where Reuvein hurts Shimon and we don't know if Shimon will survive, Reuvein is held in like a prison until he gets better or dies), it seems that Jewish ...
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70 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 ...
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2answers
671 views

When, halachically, does a sect of Judaism become an independent religion?

When Christianity began many followers considered themselves Jews, the same could be said for followers of Shabbtai Tzvi. I don't believe there is anyone today who would argue that a child born to ...
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107 views

Is “tzaar ba'alei chaim” from the Torah, and if so what's the source?

Is there a mekor (scriptural source) for "tzaar ba'alei chaim" (loosely, cruelty to animals) in the Torah? Halacha L'Moshe M'Sinai (ancient but associated more strongly with the oral tradition than ...
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1answer
78 views

Where does the power of a Jewish king to sentence to death come from?

Rambam Melachim 3:8: "כָּל הַמּוֹרֵד בְּמֶלֶךְ יִשְׂרָאֵל יֵשׁ לַמֶּלֶךְ רְשׁוּת לְהָרְגוֹ. אֲפִלּוּ גָּזַר עַל אֶחָד מִשְּׁאָר הָעָם שֶׁיֵּלֵךְ לְמָקוֹם פְּלוֹנִי וְלֹא הָלַךְ אוֹ שֶׁלֹּא יָצָא ...
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42 views

Four types of sources for Halochos

In our Kolel I have found a printed page with the following content and I would like to know if it's just somebody's private summary or has a source: Four types of sources for Halochos (from the ...
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75 views

How can a cemetery be Tahor?

In the Kitzur Shulchan Aruch in 128:13 he states, regarding going to a cemetery on Erev Rosh Hashana: וְגַם מֵחֲמַת שֶׁהוּא מְקוֹם קְבוּרַת הַצַּדִּיקִים, הַמָּקוֹם הוּא קָדוֹשׁ וְטָהוֹר, ...
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44 views

Riggs V Palmer in Halacha

As per Wikipedia: In Riggs, a probate suit, the plaintiffs, Mrs. Riggs and Mrs. Preston, sought to invalidate the will of their father Francis B. Palmer; testated on August 13, 1880. The defendant ...
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88 views

How sick does one have to be to qualify for a “Mi Shebberach”? [duplicate]

Are there guidelines about how sick you have to be to be included in the mi shebberach list read during the torah service? A cold? Bronchitis? The flu? Pneumonia? I'm not asking about private ...
6
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1answer
120 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 ...
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49 views

Where ואהבת לרעך applies to one's wife?

In Kiddushin 41a we read that if the wife is/becomes repulsive to her husband he [might be] overriding/transgressing the Mitzvah of ואהבת: "דאמר רב יהודה אמר רב אסור לאדם שיקדש את האשה עד שיראנה ...
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1answer
65 views

Do women always love their husbands?

Following the previous question: "obligation-to-see-a-woman-prior-to-kiddushin" the Gemmorah (Kiddushin 41a) states that: "אבל בהא איסורא לית בה כדר"ל דאמר ר"ל טב למיתב טן דו מלמיתב ארמלו ...
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1answer
60 views

Clarification on obligation to see a woman prior to kiddushin

Kiddushin 41a: "דאמר רב יהודה אמר רב אסור לאדם שיקדש את האשה עד שיראנה שמא יראה בה דבר מגונה ותתגנה עליו ורחמנא אמר "ואהבת לרעך כמוך" Rav Yehuda says that Rav says: It is forbidden for a ...
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2answers
166 views

Additional Oral Law classification systems?

This question is a follow-up to the "no-form-for-the-oral-law" question. These are the systems of organizing the total Oral Law (as opposed to Mitzvos Classification systems) that are known to me: ...
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31 views

What part of Yossef's behavior is permitted by the Rabbinical Halachah?

This question is a follow-up to @SAH's "time-to-act-for-Hashem-and-doing-whatever-you-want". I'm trying to understand, according to Meforshim, what part of Yossef's behavior with his father and ...
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14 views

Yitroh's advice - were the chiefs limited to monetary matters?

Does "הדבר הקטן" refer to monetary matters (דיני ממונות) and "הדבר הגדול" refer to criminal matters (דיני נפשות) or were they also allowed to judge נפשות? (Shmot 18, 21): "...וְשַׂמְתָּ עֲלֵהֶם ...