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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.

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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 ...
12
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) ...
7
votes
3answers
449 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 ...
11
votes
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 ...
8
votes
3answers
720 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 ...
10
votes
4answers
200 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 ...
12
votes
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
votes
2answers
179 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 ...
11
votes
3answers
602 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 "...
10
votes
2answers
2k views

What is a hakira?

In the parlance of Talmud study and lomdus, what does the word "Hakira" mean and how should it be used? Why are Hakiras useful?
6
votes
1answer
297 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 ...
5
votes
3answers
172 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 ...
11
votes
2answers
179 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, ...
4
votes
1answer
106 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 ...
4
votes
1answer
276 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 ...
4
votes
2answers
183 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 ...
7
votes
1answer
138 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....
4
votes
1answer
129 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 ...
3
votes
0answers
150 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 ...
1
vote
1answer
78 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 ...
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 ...