Questions tagged [halacha-theory]

Questions about theoretical issues about psak and general halacha concepts

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6
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1answer
109 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 ...
1
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1answer
79 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 ...
2
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0answers
43 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 ...
2
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0answers
77 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, ...
2
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0answers
51 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 ...
3
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0answers
89 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
123 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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0answers
52 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 ...
0
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1answer
70 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 ...
1
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1answer
61 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 ...
1
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2answers
167 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: ...
1
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0answers
16 views

Yitroh's advice - was every chief a Beis Din on his own?

This is a follow-up question on "Yitrohs-advise-to-moses-on-appointing-judges (Shmot 18, 21): "...וְשַׂמְתָּ עֲלֵהֶם שָׂרֵי אֲלָפִים שָׂרֵי מֵאוֹת שָׂרֵי חֲמִשִּׁים וְשָׂרֵי עֲשָׂרֹת׃ וְשָׁפְטוּ ...
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0answers
28 views

Why don't we add special Holiday sections to Al Hamichya on Purim or Chanukah? [duplicate]

Much like Birkat Hamazon, there are special Holiday sections added to Al Hamichya on all of the Yom Tov days that do not involve fasting. Unlike Birkhat Hamazon, however, Purim and Chanukah are not ...
1
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0answers
70 views

Comparing different counting of the 613 mitzvot

I would like to make a rudimentary chart comparing the 613 mitzvot as enumerated by the Ramban, the Rahag, Saadia Gaon, et al. and highlighting in different colors what mitzvot are ubiquitous across ...
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0answers
55 views

Halachic registration of people's names

Following the discussion about people's names in Halacha, Is there any obligation and a way of registering names in the Halacha? Is there an authority responsible for registering names - a Bais Din ...
3
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2answers
107 views

(How) Did Channukah events and the Makkabim change Judaism?

Besides the obvious celebration of Channukah, How's Judaism is different now because of those events: Did the Makkabim and the Chanukkah event leave any trace in the Jewish Halachic tradition? Were ...
1
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1answer
45 views

23 different Arayos Mitzvos for Jews vs one for non-Jews

Both 613 Jewish and 7 Noahides are called Mitzvos (ז' מצוות בני נוח) We have a separate Mitzvah for every Ervah (one for mother and one for sister etc), for a total of 22 (I think). Non-Jews have one ...
1
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2answers
77 views

When two opinions differ how the Halachah is made? [closed]

Lets supose that in talmud sage A say that something is permitted and sage B say that something is not permitted, what opinion should we follow? Have seen some places that the difference is absurd, ...
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0answers
30 views

How האב\הרב שמחל על כבדו is done practically?

This is a follow up to "The meaning of “האב שמחל על כבדו כבדו מחול”?. We learned that (acc. to Rashb"a) the father's מחילה על כבודו totally invalidates the Mitzvah of Kibud Av so the son is not ...
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0answers
23 views

The meaning of “האב שמחל על כבדו כבדו מחול”?

This is a follow-up question to "does-mechilah-invalidate-kibud-av". The Gemmorah in Kiddushin 32 states: "א"ר יצחק בר שילא א"ר מתנה אמר רב חסדא האב שמחל על כבודו כבודו מחול" Translating מחילה ...
5
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2answers
231 views

A poor person, Chanukah candles v. Shabbos candles, and selling clothing to buy candles

Although one who cannot afford Shabbos candles is not required to sell his clothing to fund them, one who cannot afford Chanuka candles is required to sell his clothing. (Shulchan Aruch O.C. 671.) ...
2
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3answers
66 views

Does Mechilah invalidate Kibud Av?

Following the question: "no-bracha-on-kibud-av-vaeim", some tried to say that the Sages did not set a Berocho for this Mitzvah as the father can be Mochel and there's no Mitzvah in such a case. ...
2
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0answers
132 views

Why may one not wear Tefillin after Shekiah?

The Gemara (Menachos 36b) writes: אמר ר' אלעזר כל המניח תפילין אחר שקיעת החמה עובר בעשה ור' יוחנן אמר עובר בלאו R’ Elazar said: whoever places Tefillin after sunset violates a positive ...
0
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1answer
94 views

Witnesses of Kiddushin no need to know the couple?

The Jewish Halacha does not require the witnesses to familiarize themselves with the couple prior to Kiddushin: they are not required to know the couple in person before the wedding or have any ...
2
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2answers
234 views

Origin of exemption on covering hair for unmarried women

I've studied tons of various Poskim and websites discussing aspects of covering hair for women so I am familiar with the practical Halachot. If I'm right, the default state is that all women (married ...
6
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2answers
219 views

Source why ביאה is not an option for שליח קידושין

This might sound a bit silly, but "that's the Torah and I need to learn it" (R"A). A woman can be Mekudeshet in three ways which Halachah-wise are all equal (neither makes a better Kiddushin). A ...
-2
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1answer
72 views

Marrying through a messenger without knowing whom?

Based on the basic idea of marrying through a messenger (Shaliah) both by a man and a woman (Kiddushin 41). First, the bride and the groom say to the messengers: "go bring me any man/woman". So one ...
0
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0answers
57 views

The practical (Halachic) importance of the Luchot Habrit (the Tablets)

Is there any practical נ"מ (implications) of the fact that the 10 Mitzvos are written in the Luchos, and not in the plain text of the Torah outside the Luchos? For example: because "לא תרצח" is ...
11
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2answers
258 views

How would the 'split the baby in half' situation be resolved according to halacha?

In 1 Kings 3:16-27 there is a story of two prostitutes who appear before King Shlomo, each having a newborn baby. One of the babies died and there was a dispute as to which one. There were no ...
4
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3answers
984 views

To what extent does the Torah make allowances for people in severe physical pain? [closed]

I have a severe progressive neurological disease and it's exceptionally painful. Current medical technology unfortunately is not able to provide much in the way of treatment or relief. Everyday things ...
1
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1answer
71 views

Forgetting Torah study for Ben Sorer UMoreh - the biggest sin?

Concerning בן סורר ומורה the Yerushalmi Sanhedrin 43b (8:7) says: צפה הקב"ה שסוף של זה עתיד לגמר ניכסי אביו ואת ניכסי אמו, ויושב לו בפרשת דרכים, ומקפח את הבריות, והורג את הנפשות, וסופו ...
6
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0answers
86 views

Prison in Halacha [duplicate]

I realized that nowhere (as far as I can tell) is there a reference to prison being a punishment in the Torah. The closest I even come to someone being kept in prison is the man found gathering sticks ...
4
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2answers
76 views

Revenge when the other relies on 'immunity'

Is it permitted to take revenge when the other keeps his negative behavior, relying on "immunity"? Let us take example to understand well things. Mr T and Mr R are neighbors. Mr R is an evil and ...
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0answers
71 views

What exactly the Ben Sorer uMore Mitzvah is about?

Here's a short recap on the Ben SU"M (דברים כ"א י"ח) Mitzvah order: A boy does not listen (rebels against) to his parents in general (no details on how exactly) He steals his father's money He buys a ...
2
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1answer
149 views

Why is the halacha like Beis Hillel?

It is a known rule that the halacha is like Beis Hillel unless explicitly stated. The Gemara (Eiruvin 13b) says Beis Hillel and Beis Shammai argued for three years until a bas kol called out and said ...
5
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2answers
176 views

Men making Kiddush (Shabbos day) for women after eating at shul

Women and men are both equally chayiv in kiddush, at least on shabbos. Additionally there is a commonly known rule that a non obligated person (or obligated on a lower level) cannot fulfill a mitzvah ...
-1
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1answer
85 views

Why are there no “deRabanan regulations” on the Ben Sorer uMoreh Mitzvah?

This is the first question in a series on Ben SU"M. Let me recap on this Mitzvah (Rambam Mamrim 7): A 13 to 13 and 3 months old boy that disobeys his father and mother in a very specific way of ...
3
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2answers
146 views

Can halacha be derived from gematria?

The Talmud says: Mishnah: A Nazirite vow of unspecified duration [remains in force] thirty days. Gemara: From where is this rule derived? Rabbi Mattena said: The text reads: He shall be [yihyeh] ...
3
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2answers
101 views

Deriving *halachah* from the books of the Prophets

The Talmud in multiple places uses the principle divrei Torah midivrei kabbalah lo yalfinan, which usually is interpreted to mean that halachah cannot be derived from the words of the Prophets, and if ...
10
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1answer
479 views

Tweeting on Shabbat: d'oraita or d'rabbanan violation?

There was a dangerous situation in my community on Shabbat and I knew (from the amount my house phone was ringing and my cell phone was buzzing) that people I knew across the world would be concerned ...
5
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1answer
82 views

“אלו ואלו דברי א' חיים” vs “נעשית תורה כשתי תורות” with examples

In numerous Halachic disputes I spotted two contradicting approaches: "אלו ואלו דברי א' חיים" - both approaches are legitimate and stem from the [one] living G-d. Each one is allowed to keep his way ...
1
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2answers
138 views

What happened in R' Chananya's penthouse (18 Dvarim)?

Speaking of Beyt Shamai, Yerushalmi Shabbat 9a also here: Background: "ואלו הן ההלכות שאמרו בעליית חנניה בן חזקיה בן גרון שעלו לבקרו ונמנו ורבו ב"ש על ב"ה ושמנה עשר דברים גזרו בו ביום:" ...
1
vote
2answers
190 views

Does Jewish law have a clear position on freedom of speech?

Does Jewish law have a clear position on freedom of speech? On the one hand, the Talmud itself testifies to such freedom (within broad bounds): Minority opinions are cited, followed by the majority ...
3
votes
2answers
206 views

The underlying reason for Shemitat Ksafim?

I've researched the topic for a while and I could not find a single interpreter discussing the reason (טעם המצווה) for canceling loans after the Shemitah Year. I know it is a Machloket (see my ...
1
vote
2answers
92 views

Sources for which Mitzvot require early training

I'm looking for examples the Sages prescribe for educating for keeping Mitzvos (חינוך למצוות), for example: "קָטָן הַיּוֹדֵעַ לְנַעְנֵעַ, חַיָּב בַּלּוּלָב:" Mishnah Succah 3,15 "מִשָּׁעָה שֶׁהַבֵּן ...
-1
votes
1answer
68 views

What is “Beyt Shamai/Beyt Hilel” for citing Mishnayot?

This question is intended to clarify D.S'.question - how-can-bet-shamai-argue-on-shamai: What exactly is called "Beyt Shammay/Hillel"? We don't find this term with other great Rabbis, such as R' ...
4
votes
2answers
531 views

What happens to the debts after Shmitat Ksafim?

The question is rather simple - What happens to a loan after Shmitat Ksafim (I refer only to those entitled for Shmitah): Is the debt fully annulled and the Shtar/agreement invalidated in this world'...
4
votes
2answers
283 views

What is the source for Rambam's thirteen principles?

What is the Rambam source for the thirteen principles, brought in his interpretation of the Mishna Sanhedrin 10:1? By that I mean what is his source that without these principles one does not go to ...
2
votes
0answers
90 views

Yichud, shomer by night?

For yichud issues, a (Jewish) man and his wife are mutually considered shomer: אשתו משמרתו. But do this apply by night? Basis for this question, the Gemara Qidushin 81a רב ביבי אקלע לבי רב יוסף, ...
2
votes
2answers
91 views

Were Midrashim and Aggadeta transmitted to Moshe on Sinai like the Halachic Torah She'be'al Peh?

The halachic part of the Torah She'be'al Peh was transmitted to Moshe on Sinai along with the written Torah (or in the Ohel Moed afterward). Sifra: How is Shemitta relevant to Mount Sinai? Were ...

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