Questions tagged [machlokes]

Questions concerning arguments within Judaism and their outcomes.

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Where in his works does Maimonides address how to understand אלו ואלו דברי אלקים חיים and the nature of makhloket more broadly (besides intro to PhM)?

Given what Maimonides says in his introduction to his Commentary on the Mishnah (Perush ha-Mishnayot) it seems like he is not a pluralist when it comes to truth in a makhloket (halakhic debate). He ...
GUT's user avatar
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Is there a consensus on what it means for a machlochet (dispute) to "endure"? Or is even this, ironically, a topic of debate? [duplicate]

I only just learned about this wonderful passage from Pirke Avot. And I see that it is, of course, invoked often when discussing the topic of conflicts and arguments. Most seem to agree on the meaning ...
abalter's user avatar
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What is involved behind the decision making process of halacha in the Talmud?

Throughout the Talmud we find occurrences such as these: The halacha is xyz because the verse in a certain chapter of Tanach says something similar to it; Rabbi Y disagrees and says the halacha is zyx ...
Ani Yodea's user avatar
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1 vote
1 answer
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Why does the Mishnah record minority opinions?

I know it’s a simple question but why did R’ Yehuda feel the need to record dissenting opinions in the Mishnah? I feel the way the Rambam summarized all the rulings of the Talmud, disregarding ...
A s's user avatar
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Rabbi Yaron Reuven - Severe torture in gehinnom

I was out to eat the other day and in the restaurant, where one can take more sauces, there was a pile of dvd'd that people can take for free with the Tikkun Habrit movie on it. I ended up watching ...
Seeker's user avatar
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Lifnei iver and converts

Is it lifnei iver if you enable someone to violate a strict interpretation? this question asks a related question about Lifnei iver about machlokets. The answer seems to be you can’t have someone ...
Kirk's user avatar
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Controversies about eruvin

I was curious why an eruv is often extremely controversial (not in terms of the secular world, I mean within the Frum world), it seems anytime a new Eruv is built there’s always a chorus rabbinic ...
Kirk's user avatar
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What are the peculiarities of a school or company of the prophets לַהֲקַ֚ת הַנְּבִיאִים֙ (1 Samuel 19:20)?

What are the peculiarities of a school or company of the prophets לַהֲקַ֚ת הַנְּבִיאִים֙ (I Samuel 19:20)? What did one learn in a school of the prophets? How did one become a student in a school of ...
ninamag's user avatar
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Did Korach's controversy "endure"?

The Mishnah says: Every controversy that is leshem shamayim -- for the sake of Heaven -- will endure. But one that is not for the sake of Heaven will not endure. Which is a controversy that is for ...
Maurice Mizrahi's user avatar
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A difficult Rema in SH OHC 268:3

I was recently wondering what we should do if we accidentally began אתה חונן on Shabbat, although we have only said אתה, do we have to finish אתה חונן even on Fri night/Mincha (because they also start ...
Rabbi Kaii's user avatar
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3 answers
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How can all explanations of the Torah be True when they contradict each other (eilu v'eilu)?

I've read multiple questions/answers that discuss Eilu V'eilu. However, the seem to always come back to the discussion of how it applies to Halacha. My question is stemming from somewhere else. If ...
yalow's user avatar
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Why argue over whether people want their wheat wet?

Stuff becomes muchshar l'kabel tum'a, contaminable, if it becomes wet by the owner's will (or at least by human will). Machshirin, chapter 3, mishna 5, in my own, loose translation: Suppose someone's ...
msh210's user avatar
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5 votes
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Six fundamental disagreements - The Rogatchover

I heard (in the name of the Rogatchover) that there are six fundamental disagreements upon which all the disagreements in Shas are based. Assuming that this is true, does anybody know what they are?
gordon613's user avatar
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How should rabbis answer questions on disputed issues?

You have a halachic question. Unknown to you, there is a dispute on the matter. Some rule as (A) and some rule as (B). You ask your Rav. He will give you one of three answers: (1) The answer is (A)...
Maurice Mizrahi's user avatar
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1 answer
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Where Can I find this Machlokes about the 13 Middot of Drush?

Several years ago, I came across the following machlokes between Rashi and Tosfot in Shas Bavli. Rashi said that all 13 middos of drush require a mesorah except for Kal Vachomer, and Tosfot said all ...
chessprogrammer's user avatar
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Seeking advice from our Sages and Tanach about the dangers of 'national polarity'

Regardless of where you sit on the political divide regarding the situation in the United States it seems as if the country is being devoured by polarity. I am searching for advice from chazal ...
chanina Yaacov's user avatar
1 vote
1 answer
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Eruvin 51a: Using Deception to Assert an Opinion?

The Gemara in Eruvin 51a relates the following: (Source(s) from Sefaria) רַבָּה וְרַב יוֹסֵף הֲווֹ קָא אָזְלִי בְּאוֹרְחָא. אֲמַר לֵיהּ רַבָּה לְרַב יוֹסֵף: תְּהֵא שְׁבִיתָתֵנוּ תּוּתֵי דִּיקְלָא ...
TrustMeI'mARabbi's user avatar
5 votes
2 answers
299 views

Why is there no tayku in the Jerusalem Talmud?

From one count I have seen there are more than 300 times in the Talmud Bavli where a discussion ends with “תיקו” (let it stand, ie the question remains) yet, to my knowledge there is not a single time ...
rikitikitembo's user avatar
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2 answers
153 views

How can the Gemara argue here, isn't it all facts?

The Gemara in Gittin 22a brings a machlokes in regard to fruits getting nutrients from a tree that is half in ארץ ישראל and half in חוץ לארץ. ומאי טעמא דרשב"ג דמפסיק צונמא מאי טעמא דרבי דהדרי ...
Dani's user avatar
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7 votes
2 answers
283 views

Why do we try to reconcile machlokes

There seems to be an implied "rule" (or at least strong desire) in Torah (derech halimud) to limit machklokes wherever possible and moreso what seems "at all costs" My question is simply - Why? Here'...
Chaim's user avatar
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Why do we seem to force different shittos into a single approach [closed]

This seems to take different forms: Reconciling - One of the beauties (in terms of enjoyment) of learning is trying to reconcile sugyas or shittos that appear to be contradictory. Patch work - ...
Chaim's user avatar
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Are Rabbi Akiva's opinions disproportionately followed? [closed]

I understand that Rabbi Akiva was the foremost rabbinic leader of his time, and after the Bar Kochba revolt his students were the primary Tanaaim, and they also were responsible for organizing the ...
A L's user avatar
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2 votes
1 answer
171 views

Rambam's Mussar to Son

Where precisely does the Rambam give mussar to his son about avoiding conflict? This article from Klal Perspectives quotes Kisvei HaRambam, Mussar l’bno Rav Avraham saying Do not sully yourself ...
NJM's user avatar
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3 votes
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Are there any debates about the presence of entire words in Scripture?

Besides for the odd letter, such as an extra Vov or Yud, what Scriptual verses that we would find in Tanach today, were once or still debated by Halachic Authorities as to what is the correct text. Or ...
Yehuda's user avatar
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3 votes
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List of instances where Rambam argues on the Rif

It is mentioned (Yad Malachi: Klalei HaTalmud 148, 154, 301, 307, 330, 415, 550) that the Rambam seldom argued on the Rif. Is there a comprehensive list which enumerates how many times they argue - ...
Chaim's user avatar
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6 votes
4 answers
2k views

Is anyone against the rational teachings of Maimonides?

I am new to Judaism and am intrigued by Maimonides and his teachings but I do not know the opinions of this particular teacher - a man of such vigor and influence - by the many different congregations ...
Cameron Carter's user avatar
2 votes
0 answers
47 views

Can banning a Sage be made in G-d's honor?

We hold that (Avot 5,17): כָּל מַחֲלֹקֶת שֶׁהִיא לְשֵׁם שָׁמַיִם, סוֹפָהּ לְהִתְקַיֵּם... אֵיזוֹ הִיא מַחֲלֹקֶת שֶׁהִיא לְשֵׁם שָׁמַיִם, זוֹ מַחֲלֹקֶת הִלֵּל וְשַׁמַּאי. Every dispute that ...
Al Berko's user avatar
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4 votes
2 answers
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Where in Shas was the psak din of Rabbi Meir vs. Rabbi Yehuda accepted?

I think I remember that, in disputes between Rabbi Meir and Rabbi Yehuda, we follow Rabbi Yehuda except in two occasions. Is this correct and where are these two instances?
Stanley Cohen's user avatar
1 vote
1 answer
75 views

Loshon Hora: Chafetz Chaim & Dissenting views

The sefer "Chofetz Chaim" is accepted worldwide as the leading authority in the Hilchos Shemiras Haloshon arena. However, as with every area in halacha, there are specific details which are subject to ...
chortkov2's user avatar
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6 votes
2 answers
169 views

How do I decide between conflicting opinions?

Let's say there are two opinions about a halachic matter and different rabbis rule differently according to one or the other. Let's also say everybody knows that. What should I do, or must I do, or ...
Maurice Mizrahi's user avatar
4 votes
2 answers
138 views

How did the initial Mishnaic disagreements arise?

The Wikipedia on Tannaim says this Until the days of Hillel and Shammai (the last generation of the Zugot), there were few disagreements among Rabbinic scholars. After this period, though, the "...
user9806's user avatar
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Is the passage repeated during the reading of Zachor the only place such a question arises?

When we read Parshas Zachor shortly before Purim, we repeat a passage. According to the Mishneh Berurah 685, there is a dispute concerning the vowels that belong here. One possibility would seem to ...
Chaim's user avatar
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-1 votes
1 answer
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What is the preferred attitude towards the Sources?

PTIJ? I don't know. You tell me. I hope this stays up long enough for me to get an answer or two. You can approach a text with some levity (which does not preclude seriousness), with neutrality, ...
Maurice Mizrahi's user avatar
0 votes
2 answers
120 views

How studying Torah without Machlokot is possible?

The idea of Machloket-less study and transmission of the Oral Torah is very basic in Judaism. I spot two approaches: That of Sanhedrin 68b - there were Machlokot and different approaches and schools,...
Al Berko's user avatar
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2 votes
1 answer
101 views

How does the Temple Institute choose among disagreeing interpretations on Temple construction?

I was looking over R. Aryeh Kaplan's Chumash and I think he lists ... six different possible layouts of which tribe's name went on which stone in the breastplate (choshen). Similarly -- is the mor in ...
Shalom's user avatar
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7 votes
2 answers
313 views

Koren Siddur on Kal Atzmotai Tomarna

(Note: likely not relevant to those who Daven/read Hebrew with an Ashkenazi pronunciation.) This Shabbos I was asked to lead Pesukei Dezimrah at a shul I was visiting, and I was given a Koren Siddur ...
רבות מחשבות's user avatar
1 vote
0 answers
88 views

Why the Gemmorah's disputes are left unresolved?

In the Gemmorah we can see three types of the Halachic resolution of a dispute: the issue is settled and the Halachah is clearly ruled multiple approaches mentioned but there's no clear resolution ...
Al Berko's user avatar
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1 vote
2 answers
211 views

How can we say something is a machlokes Rashi vs Tosfos, if Rashi can't respond or defend himself?

Many Tosfos contain questions about what Rashi says, followed by them giving their own answer. But how can we honestly say something is a "machlokes Rashi vs Tosfos" when Rashi doesn't get a chance ...
alicht's user avatar
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2 votes
2 answers
258 views

How a Machlokes in Halacha is resolved?

How does accepted Halacha come to be when there is a dispute? More specifically - we notice different approaches in terms of practice: when it comes certain mitzvot: to how to put up a mezuzah, we ...
Draizy-Levi Pine's user avatar
13 votes
4 answers
804 views

How could Rav be disproved?

Frequently, when the Gemara tries to disprove Rav from a Mishna, it answers that he's considered a Tanna and can argue on a Mishna. But there's this case in Berachos 37a, where Rav and Shmuel both ...
ertert3terte's user avatar
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1 vote
1 answer
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Location of Rambam on machlokes and loshon hora. Only one in three chance of ill intent

I seem to remember that the Rambam speaks about avoiding machlokes (quarrels) and loshon hora (bad speech). He says something like this: there are three possibilities in any statement about the ...
Avrohom Yitzchok's user avatar
2 votes
0 answers
89 views

Sources on the parameters of Eilu VeEilu

There's a concept in the gemarra known as Eilu VeEilu: יצאה בת קול ואמרה אלו ואלו דברי אלהים חיים הן Ultimately, a Divine Voice emerged and proclaimed: Both these and those are the words of ...
robev's user avatar
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6 votes
2 answers
1k views

What's controversial about Chemdat HaYamim?

This answer from @Oliver mentions The controversial book Hemdat Ha-yamim... What is Chemdat HaYamim, and what is controversial about it? I know this is a very simple question but I wasn't ...
ezra's user avatar
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1 vote
1 answer
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Quiet Birchas Kohanim

According to many mainstream authorities, the widespread practice of Ashkenazic Kohanim outside of Israel of refraining from birchas kohanim is a minhag ta'us and possibly even forbidden biblically as ...
Loewian's user avatar
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7 votes
1 answer
206 views

How come Bais Hillel is usually lenient and Bais Shammai usually stringent?

It seems like the Bais Hillel had a tendency to be lenient in Halachic matters vs the Bais Shammai, it was a sort of a presumption to them in which they were almost always successful to back up with ...
Bach's user avatar
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7 votes
1 answer
571 views

What's the deal with horseradish at the seder?

Every Pesach seder I've been to, including ones run by Chabad and Hillel, has used horseradish root as the maror. But this seems to be controversial -- maybe horseradish isn't ok at all, or maybe ...
Monica Cellio's user avatar
3 votes
0 answers
90 views

Arguing with the Rishonim

Is there an accepted understanding among Orthodox Jews that an Achron cannot argue with a Rishon (Torah scholars who lived between the years 1000 and 1500)? If so,what is this concept based on and ...
Mark A.'s user avatar
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3 votes
2 answers
2k views

when is the halacha like Bais Shammai and not Bais Hillel?

When is the halacha like Bais Shammai and not Bais Hillel? Are there overarching principles that apply? What are the cases? Is there a good reference that summarizes them?
Bas613's user avatar
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2 votes
2 answers
178 views

Holding like the majority opinion for a d'oraita?

In cases where there is a discussion among the Rishonim/Acharonim as to whether something is forbidden from the Torah (d'oraita), is it acceptable to go in accordance with those that deem it ...
Fei23's user avatar
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0 votes
1 answer
1k views

Sefer on Igros Moshe

I was told that a while back a Sefer came out that went through a couple of the teshuvot in Igros Moshe and refuted some of the answers given. Due to some harsh remarks the author made in the ...
huddie96's user avatar
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