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.

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2
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0answers
39 views

Brisker seforim on chullin

I want to learn the style of brisker lomdus in conjunction with chullin. What are some good seforim for this? I asking specifically an analysis connected to the daf
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4answers
159 views

What is the exact difference between a chazakah and a rov?

I was asked this question by a friend of mine and at first I thought it was so simple (and maybe it is, maybe I just don’t have enough Torah knowledge to know the answer) but when I tried to explain ...
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2answers
65 views

Is Menorah an obligation on the person or on the object?

Is the obligation of lighting a Menorah an obligation that the person should light (chovas gavra), or that there should be a Menorah burning at his front door (chovas cheftza)?
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39 views

Are the eight nights of lighting Menorah one Mitzvah or eight?

By Sefiras HaOmer, there is a dispute whether it’s a single Mitzvah to count fifty days, or whether one fulfills the Mitzvah of counting each day independently (Rosh, Pesachim 10:41, et. al.). As a ...
7
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4answers
265 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 ...
6
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1answer
322 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 ...
8
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2answers
182 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 ...
7
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1answer
146 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....
14
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3answers
625 views

Asei Doche Lo Sasei vs. Mitzvah Habaah Beaveirah

These are two concepts in Judaism: עשה דוחה לא תעשה - that if there is a Mitzvah Asei in the Torah, and a Mitzvas Lo Sasei, we say that the Asei overrides the Lo Sasei, and one should do it. For ...
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3answers
628 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 "...
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3answers
470 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 ...
19
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3answers
625 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 ...
7
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2answers
428 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 ...
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2answers
1k views

How did Rambam eliminate “ben gilo” from the halacha?

The gemara in Elu Metzios (Bava Metzia 30b) says: אמר מר (אשר) ילכו - זה ביקור חולים. היינו גמילות חסדים! לא נצרכה אלא לבן גילו ,דאמר מר בן גילו נוטל אחד מששים בחליו ,ואפי' הכי מבעי ליה ...
8
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3answers
759 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 ...
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4answers
203 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 ...
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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 ...
4
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1answer
127 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 ...
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3answers
174 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 ...
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3answers
160 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 ...
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2answers
189 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 ...
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1answer
122 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 ...
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2answers
182 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, ...
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1answer
82 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 ...
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4answers
1k views

What is the practical difference between nebelah and terefah?

The second mishna on Chullin 32a explains that if an animal is rendered invalid by any death which does not occur through proper ritual slaughter it is nebelah while if it is rendered invalid for some ...
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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 ...
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1answer
112 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?
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2answers
139 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 ...
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1answer
45 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, ...
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0answers
64 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 ...
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74 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 ...
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0answers
91 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 ...
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1answer
99 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 ...
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1answer
43 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
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1answer
57 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, ...
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0answers
133 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 ...
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1answer
118 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
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1answer
125 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 ...
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0answers
158 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 ...
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1answer
75 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 ...
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0answers
55 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] ...
2
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1answer
83 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 ...
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2answers
261 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 ...
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1answer
111 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 ...
2
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1answer
58 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 ...
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1answer
163 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 ...
3
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3answers
369 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 ...
6
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1answer
263 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
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1answer
186 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
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1answer
85 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 ...