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Questions tagged [lomdus]

Questions about the theory of Talmud study or general Talmudic concepts. Also for questions about a particular line of Talmudic-style reasoning.

7
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1answer
109 views

Why is the principle of Svarah a source for some Halachik concepts but not others?

There are instances in the Talmud (usually fleshed out by the Rishonim) where we learn a concept that is **so logical** that we don't need a pasuk or drasha to teach it to us, THAT'S how logical it is....
5
votes
3answers
169 views

Is the mitzva of 'Shikcha' the act of forgetting, or the act of not going back to collect what was forgotten?

Someone asked me a riddle: what mitzva can be done without kavana? Answer: Shikcha. I contended that the mitzva is the act of seeing what was forgotten and not going back to collect it, therefore it ...
4
votes
1answer
114 views

Is there a Mesorah of Kal VaChomers?

The Gemara (Pesachim 66a and others) write that one can deduce a Kal VaChomer on his own (and doesn't require a tradition). On the other hand, there's a rule that the Kal of a Kal VaChomer cannot be ...
4
votes
2answers
170 views

Why is one who touched doubtful Tumah in a public domain considered Tahor?

The source that doubtful Tumah in a private domain is Tamei is the Gemara in Sotah (28b - see there for translation): מה ת"ל והיא נטמאה והיא לא נטמאה אם נטמאה למה שותה אם לא נטמאה למה משקה מגיד לך ...
18
votes
3answers
572 views

Formal Logic and Gemara

I've recently tried to fuse my background in programming with my Gemara learning, resulting in what I now call computational gemara. You can read more about the idea here. An older article I wrote ...
1
vote
1answer
74 views

How could Peretz have had children before going to Egypt? [duplicate]

וַיְהִי בָּעֵת הַהִוא וַיֵּרֶד יְהוּדָה מֵאֵת אֶחָיו וַיֵּט עַד-אִישׁ עֲדֻלָּמִי וּשְׁמוֹ חִירָה. בראשית לח:א וַתָּסַר בִּגְדֵי אַלְמְנוּתָהּ מֵעָלֶיהָ וַתְּכַס בַּצָּעִיף וַתִּתְעַלָּף ...
2
votes
1answer
101 views

Why is the Hekesh not on Rabbi Yishmael's list?

Rabbi Yishmael has a list of 13 ways the Torah's expounded. Why is the Hekesh not included?
0
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2answers
135 views

Converts like newborn children

there is the principle גר שנתגייר כקטן שנולד דמי does anyone know of commentaries on that ? Is it just a legal principle, or does it mean that there is an ontological change (i.e., is the convert just ...
7
votes
4answers
239 views

חזקה מעיקרא vs ספק

I am in the middle of מחלוקת with someone as to, if I originally had a חזקה and now there's a ספק to whether that status is still true, whether I maintain that original status or my status changes to ...
1
vote
1answer
42 views

Why does the gemara record an “Ileima” suggested answer?

Sometimes to answer a question the gemara will start out by saying "ileima...". The structure of such an answer is as follows: "If you want to answer this way, you can't for such and such a reason, ...
2
votes
0answers
58 views

How does a chiyuv due to chinuch work? [closed]

We frequently see statements in halacha like "the minor's obligation to do the mitzva is only rabbinically imposed (mid'rabanan), because it's only because of chinuch (=the obligation to educate one's ...
6
votes
2answers
368 views

logic behind kol kavua k'mechtza al mechtze

there is a principle in halacha regarding doubts that if something is separated from a kavua (fixed place) it is treated as 50/50% chance even if the permitted is the majority. but if it is found in ...
1
vote
0answers
86 views

How common is Yichud?

דתניא רבי יוסי ברבי יהודה אומר משום ר' אליעזר המקנא לאשתו מקנא ע"פ עד אחד או ע"פ עצמו ומשקה לה על פי שנים השיבו חכמים לדברי רבי יוסי ברבי יהודה אין לדבר סוף מ"ט דר' יוסי ברבי יהודה אמר קרא בה בה ולא ...
7
votes
1answer
97 views

Why don't we rely on Anan Sahadi for murder cases?

The Rambam writes in his Sefer HaMitzvos Lavim #290: "Even if A pursues B with intent to kill, and B takes refuge in a house, and the pursuer follows him, and we enter after them and find B in ...
2
votes
1answer
42 views

Questions about the fence dividing a subdivided field

Mishna Bava Basra 7:4 says: האומר לחברו חצי שדי אני מוכר לך--משמין ביניהם, ונוטל חצי שדהו. חצייה בדרום אני מוכר לך--משמין ביניהם, ונוטל חצייה בדרום. ומקבל עליו מקום גדר, וחריץ ובן חריץ. וכמה הוא ...
3
votes
1answer
52 views

Internal contradiction in Mishna Bava Kama 3:11?

The mishna in Bava Kama 3:11 brings a case: היו שניים רודפין אחר אחד, זה אומר שורך הזיק, וזה אומר שורך הזיק--שניהם פטורין; ואם היו שניהם של איש אחד, חייבין Two [oxen] were pursuing one [ox, ...
2
votes
0answers
127 views

Lomdus and Halacha

To what degree are the works of R. Chaim Soloveichik and other 19th and 20th century "lamdanim" reckoned with by poskim? I.e. are they generally accepted as providing correct interpretations of Gemara ...
3
votes
3answers
150 views

The משלח is dead, long live the משלח!

Tosfos (Gittin 13a, s.v. לא יתנו) write that דאע"ג שמינה המגרש בחייו השליח לא חשיב להיות כמותו אחר מותו כאילו הוא עצמו קיים אלא חשיב גט לאחר מיתה Even though the husband appointed his ...
11
votes
3answers
532 views

Is “pikuach nefesh” on shabbos “hutrah” or “dichuya”?

Whenever two mitzvos come into conflict with each other, and one is given precedence over the other (such as in the case of bris milah on Shabbos, or any עשה דוחה לא תעשה (=positive commandment that "...
5
votes
1answer
113 views

Yibum & Chalitzah: Questionable hekesh with wife's sister

In Yevamoth 3b, we learn that the reason for exempting fourteen women (of the fifteen enumerated in mishna 1:1) and their co-wives from yibum (levirate marriage) and chalitzah (the decision not to do ...
4
votes
1answer
109 views

Yibum and Chalitzah: stringency or leniency?

In Yevamoth 8a, we discuss a group of women (enumerated in mishna 1:1) with whom neither yibum (levirate marriage) nor chalitzah (the rejection of levirate marriage) takes place. According to the ...
3
votes
0answers
132 views

What's wrong with Rashi's explanation of Hechsher Mitzvah?

A Daf Yomi Shi'ur that I listen to went into details about Hechsher Mitzvah when we reached Yevamoth 6a. Essentially, Rashi says that the Gemara's term, "Hechsher Mitzvah", is referring to a scenario ...
5
votes
1answer
74 views

Why does שבת דף לז ע״א reject a valid proof?

The Bavli, Shabas 37 amud 1, wonders about the permissibility of placing a pot of food adjacent to a stove-oven (rather than atop or in it) when the stove-oven has good fuel in it that has not been ...
1
vote
0answers
54 views

Source for split between דיני ממונות and דיני נפשות

There's a fairly commonly quoted idea in נזיקין masechtos, that a difference exists between דיני ממונות (monetary cases) and דיני נפשות (capital cases); that by דיני ממונות the חייב [whoever is חייב] ...
8
votes
2answers
154 views

I thought Gezeirah Shavah requires Mesorah

In Masecheth Rosh Hashanah (9b), the Gemara uses a Gezeirah Shavah from Tishrei, with the word שנה, to support the Mishnah's ruling that 'Orlah is counted from Tishrei. In response, however, the ...
0
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2answers
247 views

RaMBa“M's ”Wondrous Point“ about cooking ”treif" meat from a Kosher animal with milk undermined by a simple Gemara?

Beitzah 12b seems to undermine RaMBa"M's Nekudah Niflaah that cooking and enjoying (not eating) Basar Tehorah Neveilah with milk is Mutar. Beitzah 12a-12b has R' Yohanan appalled at the suggestion ...
2
votes
1answer
79 views

Tosafoth's unique opinion that Building is biblically allowed on Yom Tov, contradicted by a simple Gemara in Beitzah?

Beitzah 9b seems to undermine a famous Tosafoth in Shabbath 95a that introduces a fascinating Hiddush that Boneh (construction) on Yom Tov should be Mutar, but is forbidden because of rabbinic ...
2
votes
1answer
53 views

How does Ezra's decree prove Hefker Beith Din Hefker?

The Gemara in Shekalim 3a seeks to prove the concept of Hefker Beith Din Hefker. To that end, it cites the incident in which Ezra decreed that anyone who refused to gather in Jerusalem would forfeit ...
10
votes
4answers
194 views

Does Rashi's commentary on a quoted mishna reflect the true explanation?

Often the Bavli will quote a mishna from another maseches (tractate) or another part of the same maseches. Does Rashi's commentary on the Bavli's quotation of the mishna reflect his interpretation of ...
1
vote
1answer
155 views

Why does the RaMBa"M allow one to derive benefit from cooked mixtures of milk and meat of improperly slaughtered animals?

As noted in this other question and its comments and answers, the RaMBa"M allows one to derive benefit from the cooked mixture of milk and meat of an animal of a Kosher species that was not ...
6
votes
1answer
293 views

What is the source of Chazaka?

There are many halachic chazakas. Most of them are halachic assumptions, such as: Keeping things the way they always were - Either financial (Chezkas Marei Kama) or religious (Chezkas Tahara, Chezkas ...
2
votes
1answer
118 views

Mishna Demai 5:11: why can't you take teruma from vadai on demai?

(Lomdus alert: this question is not for beginners.) In Maseches Demai (5:10-11) we learn that taking teruma from a vadai (=untithed produce) on demai (=possibly untithed produce) does not work, even ...
8
votes
3answers
658 views

Difference between Pesik Reshe Delo Niha Le, Pesik Reshe Delo Ichpat Le, & Melacha She'en Sarich LeGufa

What is the practical difference between actions considered Pesik Reshe Delo Niha Le, Pesik Reshe Delo Ichpat Le, and Melecha She'en Sarich Legufa? What is an example that can demonstrate the ...
1
vote
1answer
107 views

What would be the problem with these strange walls?

The Gemara discusses whether a fence made with just Shesi (horizontal component) or just Eirev (vertical component) is a wall. Some opinions say that its not. Then there is another Gemara which ...
3
votes
0answers
73 views

Charging interest to “your brother”

A deleted post from a long time ago made the claim that [W]e are [allowed to charge interest to other Jews] but not from immediate family. Even from another Jew, if he or she is not a member of ...
0
votes
3answers
1k views

Is hair part of the human body or not?

Inspired by this answer, I'm curious. We hold that hair of a married woman is 'Ervah (ערוה). Yet it is not 'Ervah for an unmarried woman. According to the Gemara in Shabbath (Bab. 95a), braiding the ...
6
votes
1answer
253 views

What is “blood that moved from one place to another”?

I'm learning laws of salting in the Shulchan Aruch. One concept I'm battling to understand is "דם שפירש ממקום למקום" - blood that moved from one place to another. Here's a good example of my ...
4
votes
1answer
182 views

Woman going out on Shabbath with a “Moch”

The Gemara (שבת, פ׳ במה בהמה) has lengthy discussions about animals going out with covers tied to their udders or other extremities, and repeatedly (briefly) mentions a Zav wearing a sac to catch his ...
3
votes
1answer
82 views

Pesik Resheih DeLa'Avar (inevitable consequence relating to the past)

The RaM"a (Y"D 87:6) cites an opinion that one may shouldn't stoke a flame beneath a non-Jew's pot, for fear that there's some milk and meat residue in it, and you might come to cook said milk and ...
6
votes
2answers
397 views

Kiddushin 'Al Tnai and the effect of Nissuin

I just read a comment online asking, in a particular 'Agunah situation, why there was not an agreement before the wedding to allow a rabbinical court to a annul the marriage. Is this a legitimate ...
4
votes
1answer
104 views

Why are disputes in pairs?

The final paragraph of this answer: We do have the tools to derive from the Torah what those Halachos are (Moshe Rabeinu taught them to us), but these rules are very general in nature and therefore ...
3
votes
3answers
354 views

Why check pockets on Shabbos?

It says in Shabbos (12a) that one should always check his pockets on Friday so he won't accidentally carry on Shabbos. I don't understand the purpose of this checking. Even if one did carry ...
8
votes
3answers
291 views

Which word in “אלו ואלו דברי אלקים חיים” is חיים modifying?

"אלו ואלו דברי אלקים חיים" is generally translated as "These [and these are both equally] the words of the Living G-d" or some variation thereof. Is that correct, though? Is it not possible that it ...
3
votes
1answer
80 views

Three reasons not to enter ruins (Berachoth 3a)

In Berachoth (3a) a Beraitha states that there are 3 reasons not to enter ruins - that it is unseemly, that walls might collapse, and that unsavory characters might lie in wait and harm the person. ...
4
votes
1answer
128 views

Kohanim on first shift can't say Shema'?

The first Mishnah in Berachoth quotes R' Eli'ezer's opinion that the time for reciting Shema' in the evening extends only until the end of the first shift (the Kohanim would serve in the Beith ...
7
votes
4answers
1k views

Source for the prohibition against Nivul Peh (foul mouth)

What is the source for the prohibition against Nivul Peh (using foul language)? Is it Biblical? Rabbinic? "Asmachta" (based on a principle derived from the Torah but ultimately not considered a ...
11
votes
2answers
173 views

Is Dina D'Malchusa a din in Gavra or in Cheftza?

Let's say that Reuvain owes Shimon money in American law, and Dina Demalchusa applies, does that mean: Reuvein has a halachic monetary obligation to Shimon which is as strong as any other obligation, ...
11
votes
4answers
1k views

Neder vs. Shevua

Inspired by this answer (and more generally its question): What is the difference between a Neder (vow) and a Shevua (oath)? It seems to me that it is generally described as "issur cheftza" (neder) ...
4
votes
1answer
271 views

The blessing of Shehechiyanu

Is Bircat Shehechiyanu a bircat shevach (a blessing of praise)? If it is, why sometimes do we make the beracha before the event (or in some cases an action representing an event, such as putting up a ...
7
votes
1answer
147 views

Is the Mitzva of Tzitzit on the Gevra or the Cheftza?

Is the Mitzva of Tzitzit an obligation on the clothing or on the person?