Questions tagged [halacha-theory]
Questions about theoretical issues about psak and general halacha concepts
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What is the criteria of safek pikuach nefesh?
An expert in a particular field (a doctor, an actuary, etc.) can advise on the risk of mortality from a specific activity of anywhere between 0% and 100%. At what threshold of risk would the halacha ...
user17319
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Mincha ketana vs just before shekia
I have read that one can pray mincha gedola be'minyan instead of mincha ketana be'yachid.
But would praying "just before shekiya" be'minyan still be more recommended than mincha ketana be'...
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Sfek Sfeka for a Bar Mitzvah
Suppose a boy was born Bein Hashemashos. Since this is a period of "maybe it's still day, maybe it's already night," seemingly the doubt would translate into "maybe he was born on day 1,...
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Why specifically a fig on shabbos?
Why is a dried fig specifically the quantity one must carry to be liable on Shabbos? I would have thought the size of something functional - an olive, egg, or even a barley corn - would be the ...
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If somebody does not want to join an eruv
The din is that for an eruv to be kosher everyone in the 'building' has to join. In the olden times each one provided food. If somebody didn't want to, it could be taken by force. Today one person ...
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What are the parameters of shomer pesaim Hashem?
While the Torah forbids one to place himself into a situation of danger, some degree of slightly risky behavior is allowable under the concept of shomer pesaim Hashem. Are the parameters of this ...
user17319
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Tznius in the modern world
In the modern world just walking outside (especially in the summer) presents some pretty significant tznius issues. Presumably you’re allowed to go to the grocery store. Why are we allowed to (much of ...
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Why will we pasken like Beis Shammai when Moshiach comes if the reason why we follow Beis Hillel is related to the fact that they had more members
It is my understanding per this Mishna that the reason why we rule like Beis Hillel in the majority of cases is related to the rule of "following the majority". I know there are other reasons given (i....
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Should we prevent a chumra in the laws of Shabbos that exceeds the normal understanding?
The halacha is that generally a keli shelishi does not cause bishul.
The Chazon Ish says that a keli shelishi (or revii) above yad soledes bo does cook those things that are kalei habishul.
A ...
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Is typing or writing the same as "saying" for the sake of Sefirat Ha'Omer?
In an effort to ensure that we only count the Omer with a bracha properly, we are careful not to say what day it is until we have counted formally -- this is discussed and explored here.
But is ...
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What was Tamar's capital crime?
On what basis did Judah have the right to sentence Tamar to be burned (Genesis 38)? What capital offense did she commit?
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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?
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Rules in Halacha
I know in general we rule l'halacha like Beis Hillel except in a few cases. I know there are other rules where one rabbis rulings top another's in general (not referring because of the era they are ...
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Are you allowed to risk dying to save others?
I would like some clarification about the risks of trying to save someone's life by breaking a commandment, or pikuach nefesh.
In Bava Metzia 62a, Rabbi Akiva ruled that your life has priority over ...
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Is there a Rabbinical stance on "Ghost Hunting" and whether it is an allowable activity?
Strange topic but I was curious if anything existed in relation to it.
"Ghost Hunting" can be done for different reasons. Typically, it's in reference to paranormal investigators seeking evidence of ...
user20915
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Does one bentch on an achila gasa?
After eating an excessive amount to a point that would be termed achila gasa which I will leave undefined, does a person have an obligation to recite grace after meals (or another bracha achrona as ...
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Leaning (heseiba) on Pesach
related to this question
The halacha requires that on Pesach, when drinking at least the first 2 cups of wine or eating the matzah for the mitzvah, a person leans. The S"A (O"C 472:7) codifies it as
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Why is the use of indoor plumbing allowed on shabbos? [duplicate]
Use of indoor plumbing on shabbos involves moving water or waste from/to public and private domains, which could involve a biblical prohibition of hotzoa. Why is this allowed on shabbos?
user17319
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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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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 ...
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Chayecha Kodmin - Your own life comes first for countries
Although I am loath to ask a Covid 19 related question, one particular current debate caught my attention.
Most readers are probably aware of the gemara in Bava Metzia 62a where we find the rule one ...
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How physically close do people need to be for a minyan to count?
The current health situation has resulted in restrictions on large group prayers. Minyans have been included in such restrictions.
Though this is the case, certain groups have been shown praying ...
user20915
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If our leadership do not take disease outbreaks seriously, are they considered responsible for deaths that follow?
As of late, there has been a controversy in various Jewish communities around the world. Certain Rabbis and certain individuals have actively circumvented the preventative measures to help stop the ...
user20915
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If a Gett is given on condition the husband does not return what is considered "returning"?
Apologies if this is answered simply elsewhere -- I haven't studied the laws of Gittin, but this question doesn't seem to be addressed in the connected mishna in Gittin 76a.
In Ketuvot, 2b, the text ...
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Are Jewish conjoined twins permitted to marry? [duplicate]
Being that it is forbidden to marry siblings may conjoined twins marry? Are they considered siblings or one person?
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Can one separate Maaser at a distance from the Tevel to save another from eating Tevel?
I heard a class about the rabbinic prohibition against separating Maaser at a significant distance from the Tevel (שלא מן המוקף). The Rabbi mentioned that one is allowed to violate this prohibition* ...
user17319
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Why do most Siddurs vowelize Gd’s name?
I’m noticing that in most siddurs, while you’re not meant to pronounce Gd’s name as it’s written, they vowelize the letters as if it’s meant to be said. Is this for kavannah? Why would we need vowels ...
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Allegory vs. Literalism in Judaism and How to Tell the Difference [duplicate]
In the following article, the author makes a compelling argument for why Judaism doesn't always approach scripture literally. However, although there are many examples throughout the Bible for the use ...
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Is indirect "benefit" (Hana'ah) also forbidden?
Some things are forbidden via halacha in local terms, such as eating, but some things are so forbidden that we may not derive hana'ah, benefit from them in any way. Chameitz She'avar alav HaPesach, ...
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When did "Lo B'Shamayim Hi" Come Into Effect?
The concept of Lo B'Shamyim Hi (It is not in heaven) is a central tenet to the Halakhic process amongst Rabbinic Jews and is summarized nicely by this Wikipedia Article:
The phrase "not in Heaven" ...
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Volunteering to pay for an ulterior motive
I have been trying to put into words what I think might be wrong with this hypothetical -- I'm not even ready to ask about a halachic answer because I'm not clear on what the halachic question is:
I ...
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What was the source of Samson's strength?
It’s a popular notion that the source of his strength is his hair, but that doesn’t seem right to me.
Most supernatural powers are blessings by God for some purpose. It is known that Samson was a ...
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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. ...
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How could Yehoshua hold up the sky without the consequences in the natural order? [duplicate]
I heard one explanation of this passage in Sefer Yehoshua, that the "stopping" of the sun had to do with the ceasing of its light. Yehoshua arrives at Giv'on at night, and thus Yehoshua prays for the ...
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Differences in Halachic wording - "This isn't X" or "This is not Kosher X"
In Succah 8b I noticed two different wordings regarding a Succah:
א"ר לוי משום ר"מ שתי סוכות של יוצרים זו לפנים מזו -
הפנימית אינה סוכה
R' Levi said in the name of R' Meir: two craftsmen’s ...
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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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What is the finest measurement in the Talmud?
The standard Talmudic measures of length include, for example, Amah, Tefach, and Etzbah. But those measures are pretty loose, around 20% of freedom.
What object or usage, in our Halacha, requires the ...
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In case of Halachic doubt should one ask a Rabbi or assume anything will work? [duplicate]
Following comments on my other question "how-an-open-succah-oriented":
Let's imagine one is facing a new Halachic reality he never heard of: he always built Succah on his 5th-floor balcony and then ...
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Is there Biblical reference to the existence of Halachah Lemoshe Misinai?
The definition of the Law(s) of Moses Misnai in WIKI from the Talmudic Encyclopedia (see also here):
A Law given to Moses at Sinai refers to a halakhic law for which there is no biblical reference ...
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Why was Ruth's conversion acceptable?
Most rabbis do not allow conversion for ulterior motives (e.g to marry a Jew), because it is not for the sake of God.
Let us look at the words of the prototypal convert in the Tanach. What did she ...
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Does existence of a Machlokes prove the lack of established Halachah?
I'm trying to understand the methodology and the dynamics of the Halachah and when the Gemmorah presents a Machlokes that is resolved generations later I arrive at the conclusions that there was no ...
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Seeking a comparison of Jewish and America law [closed]
There are at least several questions on this site about comparisons of Jewish and American law (samples below). I seek an article or book that compares Jewish and America law (where they overlap).
...
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Does the mitzvah of knowing Torah exist as separate from mitzvah of learning Torah?
According to views of some authorities (Shulchan Aruch HaRav and others), learning without pronouncing words or listening to Torah recordings does not qualify as the mitzvah of Talmud Torah. ...
user17319
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What areas of Halochos require definition of a house/dwelling?
Following my previous question,
What Halochos require defining a Kosher dwelling/house, like "is such a house Kosher for Y"?
For example, we can surely ask it for a Succah, or a Mezuzah or for ...
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Sources for juxtaposing two opposing approaches to Jewish Halachah
Throughout different realms of Halochos I spot two opposing approaches to ruling the practical Halochos - let's call them Absolute and Personal:
The Absolute approach rules/proposes Halochos that ...
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What is the source for the omnisignificance of Torah [duplicate]
In his book, The Idea of Biblical Poetry: Parallelism and Its History professor James Kugel discusses the idea that each and every word (letter?) in the Torah posses significant meaning (pp. 104-105), ...
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How to differentiate between a "revealed" Halacha and Paskened one?
This question mimics a similar question about mathematics - is it discovered or created.
Our Rabbis ruled a lot of Halochos. Some of them are considered "the revelation of the original Halochos G-...
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How do we know something is "Halacha Lemoshe Misinai"?
When I read in the Talmud, Shulchan Aruch, etc. that a halacha is halacha leMoshe Misinai (a law given to Moses at Mt. Sinai), I compare it to a "postulate". It seems like a statement or rule that we ...
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Inventing Halachot or revealing (restoring) them?
תנא אלף ושבע מאות קלין וחמורין וגזירות שוות ודקדוקי סופרים נשתכחו בימי אבלו של משה: אמר רבי אבהו אעפ"כ החזירן עתניאל בן קנז מתוך פלפולו
One thousand and seven hundred inferences, and verbal ...
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Source of opinion that Talmud Yerushalmi was corrupted by Karaites
In the entry for Talmud Bavli/Yerushalmi in Chida's Shem Hagedolim Hashalem (c.1800, the older versions do not have this paragraph), he references a theory from maskilim of his time that the Rabbis ...
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