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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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Rishonim and lomdus

Did the rishonim appreciate the intricate way of learning with lomdus? To ask it with an example; would the rashba appreciate opening a reb baruch ber?
moshechaim's user avatar
3 votes
0 answers
102 views

(how) does מיגו still work?

A מיגו is a logical argument used multiple times throughout the Rishonim and Achronim (for example, the Sha"Ch has a very long discussion about it here: https://www.sefaria.org.il/...
Lo ani's user avatar
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2 votes
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Rabanan cancelled out his mitzvah -- does it matter if his problem was active or passive?

There's the well-worn discussion of cases where someone did a mitzvah when the rabbis said not to, e.g. blowing shofar or taking lulav when the otherwise-right day was shabbos. This is usually linked ...
Shalom's user avatar
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2 votes
2 answers
275 views

How does Ishto KiGufo work?

How does Ishto KiGufo (ones wife is considered like his own body) work? Meaning, how come in some cases where you can't use a shliach, your spouse may do it for you (see Tur YD 234:1), and yet ...
SMS Posek Hador's user avatar
2 votes
1 answer
97 views

Looking for a Sefer on Chagim/ Yom Tov

I enjoy learning Rav Soloveitchik's Hararei Kedem and Rav Zevin's Ha’moadim Be’halachah to prepare for Yom Tov. Does anyone have any other recommendations for sefarim similar to these? Specifically, ...
Max Hirsch's user avatar
5 votes
2 answers
227 views

Tadir Kodem. Why?

What is the reason for the principle תדיר ושאינו תדיר תדיר קודם? Why does תדיר go first? Please provide sources if possible.
Yehuda's user avatar
  • 748
7 votes
1 answer
262 views

How do we know the Rambam is so exact?

There are many yeshiva systems and darchei halimud (most famously Brisk) who analyze the Rambam "k'chut hasa'arah" - that is to say, exacting to the point that if the Rambam uses one word, ...
Yehuda's user avatar
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4 votes
0 answers
155 views

“Einstein ketzos”

Shalom chevra, I have heard that the ketzos hachoshen on the sugya of matana al menas lehachzir is called the “Einstein ketzos”. If someone knows why that is, and can let us know that would be great!
Mevakeish's user avatar
  • 414
0 votes
3 answers
187 views

Is there a difference between mitzvos that are counted in Taryag and mitzvos that aren't? [duplicate]

There are sources that say that there are many more mitzvos than 613, and only some are counted. My question (or chakira) is, is there any difference between the ones that are counted and the ones ...
Dovid's user avatar
  • 456
1 vote
1 answer
60 views

Kila'ei Hakerem - why 16 amos radius?

Mishna Kila'im 5:5: הַנּוֹטֵעַ יָרָק בַּכֶּרֶם אוֹ מְקַיֵּם, הֲרֵי זֶה מְקַדֵּשׁ אַרְבָּעִים וַחֲמִשָּׁה גְפָנִים. אֵימָתַי, בִּזְמַן שֶׁהָיוּ נְטוּעוֹת עַל אַרְבַּע אַרְבַּע, אוֹ עַל חָמֵשׁ חָמֵשׁ. ...
Shaul Behr's user avatar
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1 vote
0 answers
42 views

After a טמא מת gets הזאות and is still טמא until טבילה והערב שמש, is this a new טומאה or the remains of the original טומאה?

Are the הזאות really מטהר him completely, only now is חל a completely new טומאה? Or is this טומאה that he still has the remainder of the old טומאה; the הזאות aren't מטהר him completely and leave over ...
Dovid's user avatar
  • 456
2 votes
1 answer
68 views

Can a Yisroel perform shira for his own korban? Also, if a Yisroel does shira in the Beis Hamikdash (not for himself), is his shira kasher בדיעבד?

About the first question, if a Yisroel can perform shira on his own korban: According to the Meishiv Davar chelek 4 siman 11 Leviim are simply hired by Yisroelim to perform shira (therefore he says ...
Dovid's user avatar
  • 456
2 votes
2 answers
267 views

How can a table be a sheni l'tum'ah?

Mishna Berachos 8:3 says: בֵּית שַׁמַּאי אוֹמְרִים, מְקַנֵּחַ יָדָיו בַּמַּפָּה וּמַנִּיחָהּ עַל הַשֻּׁלְחָן. וּבֵית הִלֵּל אוֹמְרִים, עַל הַכֶּסֶת:‏ Bet Shammai says: he wipes his hand with a towel ...
Shaul Behr's user avatar
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4 votes
0 answers
32 views

נגעים of houses - is the house מקבל טומאה from the נגע, or are the נגע and the house together one object of טומאה

Is the house מקבל טומאה from the נגע, or are the נגע and the house together one 'item/חפצא' of טומאה? Same question essentially by נגעי אדם and נגעי בגדים as well. See Kisvei HaGrach siman 65. Please ...
Dovid's user avatar
  • 456
1 vote
0 answers
40 views

Trying to find a mekor that if someone is leaning on something, it's considered as if he is fully standing on it

I'm learning the gemara in Zvachim 19b that says that if a Kohein is leaning on another Kohein, his avoda is kasher if not for the din amida of לשרת. My question is if this is considered like he is ...
Dovid's user avatar
  • 456
3 votes
2 answers
304 views

Is this case of double bal tosif, bal tosif?

There are two definitions of Bal Tosif: 1 - Do the mitzva with a change in its form (for example: getting a 5th species along with the Four Species) 2 - Do the mitzva with intention when it's not its ...
Julio GB's user avatar
  • 436
3 votes
1 answer
115 views

Eidim Zommemin (first set) on Eidim Zommemin (second set)?

Eidim Zommemin are conspiring witnesses, which have a whole Perek of Gemara that talk about them: the first perek in Makkot. My question is: the first set says edut. The second one claims they are ...
talmidforlife's user avatar
4 votes
1 answer
325 views

Why does a Migo/ Migu Work?

There is a Halacha of Migu, which comes up in many masechtot. See here. My questions is: logically, it seems that a Migu should work and it makes a lot of sense. However, is there a special verse that ...
talmidforlife's user avatar
6 votes
2 answers
291 views

Why do we have an explicit rule of Safek Brachos Lehakel if we already have a greater encompassing rule of Safek D'Rabanan L'kulah?

I understand that Safek brachos lehakel might simply be a corollary of Safek D'rabana L'kulah, however I assume there is some nafka minah between the two. The only reason we would have safek brachos ...
Aaron Heideman's user avatar
2 votes
0 answers
81 views

Is there a list of important sugyos in the mishneh Torah [closed]

I heard Rav Lichtenstein made a list of important sugyos in the mishneh Torah to learn. Does anyone have it or something similar?
Richard Franklin's user avatar
2 votes
0 answers
126 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
Richard Franklin's user avatar
9 votes
5 answers
574 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 ...
Shmuel Koppel's user avatar
1 vote
1 answer
89 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 ...
DonielF's user avatar
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0 votes
2 answers
96 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)?
DonielF's user avatar
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7 votes
2 answers
295 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....
alicht's user avatar
  • 12.1k
5 votes
3 answers
236 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 ...
user3148057's user avatar
4 votes
1 answer
190 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 ...
ertert3terte's user avatar
  • 40.5k
4 votes
2 answers
243 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 ...
ertert3terte's user avatar
  • 40.5k
20 votes
3 answers
873 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 ...
theideasmith's user avatar
1 vote
1 answer
129 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 וַתֵּשֶׁב ...
Shaul Behr's user avatar
  • 4,388
2 votes
1 answer
229 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?
ertert3terte's user avatar
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0 votes
2 answers
242 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 ...
Curious Guest's user avatar
9 votes
5 answers
362 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 ...
huddie96's user avatar
  • 741
1 vote
1 answer
55 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, ...
Gavriel's user avatar
  • 9,728
2 votes
0 answers
94 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 ...
msh210's user avatar
  • 73.4k
7 votes
3 answers
827 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 ...
ray's user avatar
  • 21.3k
1 vote
0 answers
105 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 ...
ertert3terte's user avatar
  • 40.5k
8 votes
1 answer
157 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 ...
ertert3terte's user avatar
  • 40.5k
2 votes
1 answer
53 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 ...
Shaul Behr's user avatar
  • 4,388
3 votes
1 answer
68 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, and the ...
Shaul Behr's user avatar
  • 4,388
4 votes
0 answers
165 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 ...
mevaqesh's user avatar
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3 votes
3 answers
209 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 ...
MTL's user avatar
  • 19.1k
11 votes
3 answers
1k 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 "...
MTL's user avatar
  • 19.1k
5 votes
1 answer
182 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 ...
magicker72's user avatar
  • 10.1k
4 votes
1 answer
193 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 ...
magicker72's user avatar
  • 10.1k
3 votes
0 answers
352 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 ...
Seth J's user avatar
  • 41.6k
5 votes
1 answer
88 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 ...
msh210's user avatar
  • 73.4k
1 vote
0 answers
64 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] ...
MTL's user avatar
  • 19.1k
8 votes
2 answers
325 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 ...
Seth J's user avatar
  • 41.6k
0 votes
2 answers
375 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 ...
Seth J's user avatar
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