All Questions
Tagged with history halacha-theory
37 questions
3
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Waiting between meat and milk
I once heard that the historical reason of why we wait between meat and milk comes from the rivalry between the Sadducees and Pharisees; In order to separate one group from the other, one of the ...
2
votes
1
answer
217
views
Did ALL the Jews at the time of the closing of the Talmud accept the Talmud as binding?
The Rambam states in his introduction to Mishna Torah that the Talmud Bavli is binding because;
כל אותם הדברים שבתלמוד הסכימו עליהם כל ישראל.
What is the definition of the word "ישראל" in ...
1
vote
3
answers
345
views
Sources regarding the Mesorah of the explanations/details of the Torah
It's difficult for me to accept that laws that I see written in a modern day Halacha sefer really originate from what G-d Told Moshe thousands of years ago. This is because there is so much time in ...
1
vote
1
answer
135
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Did the early generations do melacha on Chol Ha'moed?
The Gemara in Chagiga says:
that the Torah left it up to Chazal to figure out what constitutes as "work" on Chol Ha'moed.
"הא לא מסרן הכתוב אלא לחכמים, לומר לך אי זה יום אסור ואי זה ...
0
votes
2
answers
179
views
Is acting stringently so that "he shall be blessed" an authentic mechanism?
Many times in Halachic literature I have come across the formula in which one can follow the law more stringently than is necessary, and for that he will be blessed (תבא עליו ברכה). Does this ...
1
vote
2
answers
218
views
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 ...
4
votes
3
answers
2k
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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 ...
13
votes
2
answers
665
views
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 ...
4
votes
1
answer
141
views
Were Rabbinic Laws like Muktzeh given at Sinai
Did Rabbinic Laws such as Muktzeh exist in the time period between the receiving of the Torah and the time they were written down and institutionalised in Halacha?
Are there different opinions on ...
3
votes
2
answers
167
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 ...
-2
votes
1
answer
169
views
Were children ever given the honor of reading the Torah scroll in the first century? [closed]
Given that in the first century, Jewish boys were taught the Torah from ~6 to 10 in the synagogue, was there ever any likelihood of an exceptionally-literate and gifted pupil being selected to read ...
8
votes
1
answer
377
views
Would suicide be considered acceptable if it was done to prevent yourself being sacrificed to an idol deity?
This is an oddly specific question but the thought came to me and I wanted to know what your opinions on it would be.
Historically speaking, human sacrifice was a regular occurrence in various pagan ...
8
votes
3
answers
982
views
Rabbinic Opinions on Smoking, before the 1950's
Prior to the studies which convincingly connected consistent cigarette smoking with a variety of illnesses, including cancer, the frequent use of cigarettes was all too common, including amongst ...
5
votes
1
answer
295
views
How did they learn Torah before everything was taught in its entirety?
Halachos are spread throughout the Torah. Many times the Gemara uses pesukim that are scattered all around to figure out the true application of pesukim. So if, for example, we only had the section ...
5
votes
1
answer
306
views
Are there any American minhagim? [closed]
I am curious about the nature of American minhagim/customs.
Are there any minhagim that are specifically of American origin, and what are their qualifications? Most people receive their minhagim ...
4
votes
1
answer
165
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Where did Rambam get his wisdom from? [closed]
Rambam's Mishna Torah is a foremost halachic source. I've been very interested lately in the history of Halacha – I've just begun learning Mishna Torah for the first time – and was wondering if anyone ...
4
votes
1
answer
121
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Why do we refer to Chazal as a monolithic group?
In discussions of Torah, halacha, etc., people often say, "According to Chazal..." as though all the thousands of rabbis of an 800-year period spoke with one voice. But you almost never hear people ...
0
votes
3
answers
1k
views
How to Reconcile if/when the Jewish Day Was to Begin at Sunset?
Question:
Are there any historical documents that detail the differences in opinions on when the "Jewish Day" began? (Perhaps between Sadducee and Pharisee/Rabbinic definitions, etc).
What the ...
11
votes
1
answer
998
views
When and how was the Shulchan Aruch accepted
After the Shulchan Aruch was put together by the Beis Yosef and then following that with the glosses of the Rema, when did this sefer became "accepted" as the basis for deciding halachic matters in ...
5
votes
3
answers
301
views
Prior to the Men of the Great Assembly (and after Moses, our teacher), could halacha be decided by prophecy?
I think that I remember hearing that during the times of the Men of the Great Assembly, it was decided that prophecy would no longer be used to determine halachic rulings, i.e that before then it was ...
5
votes
1
answer
1k
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Was Gematria taken from other cultures?
The wikipedia entry of gematria starts by stating the following:
Gematria [...] is an Assyro-Babylonian-Greek system of code and numerology later adopted into Jewish culture that assigns numerical ...
7
votes
0
answers
225
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Why are "Chiddushei" seforim rarely cited in the Nosi Keilim?
I noticed that when quoting Rishonim, Beis Yosef/Nosei Keilim tend to focus on Poskim (Rif (and main commentary)/Rosh/Rambam, Mordechai, Teruma, Rabbeinu Yerucham, etc.) and responsa.
Very rarely do ...
3
votes
3
answers
181
views
Source of the term בכתמים שומעין להקל
In the halachos of Niddah, there is a term which I have come across not infrequently. The term is בכתמים שומעין להקל, which roughly translated means "in [the halachos of blood] stains we listen to ...
4
votes
2
answers
212
views
What is the religious significance of the existence of many denominations and sects?
For much of the past 2000 years, when most of contemporary Halacha was being formulated, there was only a single denomination\sect of Judaism. (Leaving aside Ashkenzi vs Sephardi, which is mostly a ...
7
votes
2
answers
2k
views
Hammurabi in Jewish sources
The Hammurabi code is one of the oldest preserved codes of law dating back to 1772 BCE. This is roughly the time after the flood (-2105BCE), the tower of Bavel (1765BCE) and the Patriarchs.
Although ...
11
votes
4
answers
942
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Can halacha change based on scientific research?
Shabbat 39a says: "With regard to heating food in the sun itself, everyone agreed that one is permitted to place food in the sun to heat it, as it is certainly neither fire nor a typical form of ...
3
votes
1
answer
181
views
concept of Breira unknown to the Tana'im?
Breira is the concept that a choice can be made in the future that will retroactively determine the state of something in the the present (assuming I understood and articulated it correctly). There is ...
11
votes
1
answer
666
views
Why is the Shulchan Aruch definitive?
Why do we (almost all Jews) consider the Shulchan Arukh, not written until the 16th century, to be the final word on halakha?
Our halakha is derived from Torah Shebikhtav and She'be'al Peh. SA ...
8
votes
3
answers
2k
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Was Rambam affected by Islam?
Was Rambam's philosophy affected in any way by Islamic culture or religion? If so, could that influence have influenced his interpretation of halacha?
This question is inspired by an ongoing ...
5
votes
5
answers
651
views
Saying Rishonim or Achronim were "wrong"
People are very careful (and rightfully so) to say when they don't understand the words of the Achronim or Rishonim to not say they are/were "wrong". But rather to say "I don't understand what he ...
5
votes
1
answer
507
views
Ashkanazim paskening like Rema
Was it always a straightforward presumption ("davar pashut") that in general the Ashkanazim should decide Halachic questions ("pasken") in accordance with the Rema over the Machaber/Beis Yosef (when ...
3
votes
0
answers
253
views
How did the modern day Beis Hora'ah phenomenon develop?
Here in Eretz Yisrael, we find Batei Hora'ah in many cities - places where a moreh hora'ah sits either during special times or perhaps the whole day or different rabbonim throughout the day answering ...
1
vote
4
answers
675
views
Authenticity and authority of Oral tradition
Is there a methodology used in Judaism to authenticate traditions (that it orginated from person to whom it is attributed) and deem it halacha or a correct position? For example, Muslims have what ...
6
votes
1
answer
133
views
Was divrei kabalah practiced before the nevi'im?
The Nevi'im sometimes got prophecies and wrote them down in Nevi'im or Kesuvim, and from those prophecies, we learn divrei kabalah. We learn things like oneg, mimtzo cheftzecha, and daber davar on ...
11
votes
1
answer
229
views
How commonly used are manuscripts in psak?
How Halachically valid are recently discovered manuscripts? For example, if one found the original manuscript of the Rambam and he rules differently than the currently known text, do modern Poskim ...
5
votes
1
answer
444
views
What is the source for the current Shiurim that we have?
There are generally two types of Shiurim, the "classic" type (R' Avrohom Chaim Noeh) which says that when we measure an Amah nowadays it is roughly the size of an Amah in the time of the Beis ...
12
votes
2
answers
464
views
Why are most mitzvas impossible to keep?
Nowadays, one can only keep so many Mitzvos (271). That is less than half of the commandments of the Torah. I don't know if there is any statistic regarding how many Psukim discuss currently relevant ...