Questions tagged [machlokes]

Questions concerning arguments within Judaism and their outcomes.

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34 views

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 - ...
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4answers
568 views

Why was a bat kol able to settle the dispute between Battei Hillel and Shammai?

Eiruvin 13b recounts an argument between Beit Hillel and Beit Shammai. The argument grew very heated until a bat kol intervened and stated the famous line elu v'elu divrei elohim chayim ("These and ...
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0answers
47 views

How could a Halachah be ruled in Sanhedrin without the Nassi?

Sorry for my fixation on Tanuro Shel Achnai. The Gemmorah says that at the time of the incident R' Gamliel (the Nassi) was in the high seas (B"M 59b): ואף ר"ג היה בא בספינה. עמד עליו נחשול לטבעו ...
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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 ...
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26 views

Why the Tanuro argument was over the question of ritual purity?

As we know in the Gemmorah, R' Eliezer had many arguments against Chachamim (see Brochos 1,1), but what sparked the fire was the Machlokes over the ritual purity of an oven (Tanuro Shel Akhnai, B"M ...
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1k 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 ...
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2answers
389 views

May I rely on the halachik leniency of others?

If "Reuven" believes the halacha to be one way and "Shimon" believes it to be more lenient may Reuven rely on Shimon to do something for him based on this leniency? Here is a 100% fictional ...
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890 views

Does Judaism recognize other religions?

Does Judaism acknowledge that there are some other religions that come from G-d? If yes, how? Which religions are that? Please give me some examples. And what are the reference for this claim?
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4answers
135 views

Why do different halachic authorities arrive at conflicting rulings?

Rabbi A says strawberries are ha'adama; Rabbi B says that strawberries are Ha'etz. The halachic texts are replete with such differences in "opinion". What's the underlying reason that different ...
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43 views

Harsh words beetween Chazal [duplicate]

I was wondering if anyone has any references during a machlokes in Shas when the Chachamim would speak harshly to one another. And if so, why is it still a machlokes lshaym shomayim?
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193 views

Who was the “Tana Dvei Rabbi Yishmael”?

What are the teachings labeled "Tana Dvei Rabbi Ishmael"? Are they Braisos or Amoraic teachings? On one hand, on Shabbos 26b we find it arguing on Rabbi Shimon ben Elazar (a Tana). On the other ...
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2answers
90 views

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?
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111 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 "...
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125 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 ...
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1answer
48 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 ...
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1answer
87 views

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, ...
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33 views

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 ...
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2answers
59 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,...
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1answer
74 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 ...
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1answer
87 views

Machlokes Hatanaim when Kriat Shema should be said

The first Blat of Berachot tells us about a Mahlokes when Krias Shema should be recited. There are almost 10 shitos there. What is the Machlokes-is there a Sevara for each shita? For instance, the ...
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4answers
635 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 ...
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166 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 ...
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202 views

Why does the Mishna/Gemara so rarely mention the practical Halacha?

The Mishna frequently mentions different opinions. Some opinions are generally rejected Halachicly (Rabbi Elazar, Beis Shammai). Why doesn't the Mishna mention who the Halacha follows (in general). ...
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53 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 ...
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66 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 ...
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71 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 ...
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1answer
704 views

Rav Moshe's Psak on Fertility Treatments

I recently read an interview with Rav Dovid Feinstein and he referenced a two year period of Rav Moshe's life that were troubling due to backlash he received following a controversial psak regarding ...
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1answer
80 views

Mekor for R' Haim on Tannaim vs Amoraim

I've heard that R' Haim Soloveitchik said that although there is no law stating that Amoraim may not argue with Tannaim, nevertheless it isn't customary for an Amora to contradict a Tanna. Does ...
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2k views

Rav Shach and Lubavitsher Rebbe [closed]

From a purely Torah perspective. What was the disagreement between Rav Shach and the Lubavitcher Rebbe? Like, from a halachic point of view what were their opinions and why? I know they disagreed ...
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2answers
117 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 ...
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3answers
220 views

If two rabbis tell you opposite things which do you listen to?

If you ask two rabbis the same question and they give you opposite answers (one says mutar the other says assur). Which do you listen to?
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3answers
123 views

Why no argument between Bet Shamai & Bet Hillel regarding how to count the Omer?

For Chanukah, Bet Shamai says that on the 1st night we start with 8 candles and each successive night one less. Bet Hillel says we start with 1 and increase each successive night. Why was there no ...
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1answer
44 views

Why the different wording for the three proofs atop שבת דף מ ע״א?

The Bavli, Shabas 40 amud 1, cites a disagreement between Rav and Sh'muel. It then brings three proofs to Sh'muel's view. Each proof quotes what appears AFAICT to be a b'raysa, and each proof is ...
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1answer
268 views

Is it wrong to hang a Mezuzah diagonally?

I heard we're supposed to hang a mezuzah the same way as the door bolts. The door bolt is either horizontal or vertical. I know that the strong debate over whether it should be vertically or ...
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1answer
152 views

Rema more meikel than mechaber in bb"ch?

Is Rema more lenient than mechaber anywhere in the laws of milk and meat? Usually, it seems, he is stricter.
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1k views

Why don't we just follow the shittah of Moshe Rabeinu?

My question can apply to virtually all mitzvos where there is a disagreement in the standard way to fulfill them. If one reads the hakdama (introduction) to the Rambam's peirush mishnayos (commentary ...
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406 views

Why is there a dispute as to which tefillin are the correct ones?

Since the mitzvah of tefillin is observed every day except for Shabbos and festivals, there should have been continuous knowledge as to the correct order of the parshas. So how did it come about that ...
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1answer
44 views

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 ...
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1answer
240 views

Are there traditional Orthodox websites that counter thetorah.com?

thetorah.com promotes arguments for the view that the Torah (and other books of Tanach) were written by multiple authors over a long period of time. They do this while still seeing themselves under ...
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1answer
366 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 ...
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1answer
65 views

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 ...
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1answer
329 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 ...
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1answer
154 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 ...
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2answers
127 views

Tannaim vs Amoiraim

Can an Amora argue with a Tanna? From the Talmud it would seem that an Amora cannot argue with a Tanna and that is why it tries to fit in all Amoraic statements into the words of the Tannaim.
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55 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 ...
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2answers
628 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?
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2answers
114 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 ...
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1answer
443 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 ...
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2answers
435 views

Can the Rabbinic council and tradition hold the authority to overrule God's words and scriptures?

How does orthodox Jews see rabbinic disagreements and on what basis do believers determine which school of thought to follow? Does majority decides what is truth, and since even today there exist many ...
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1answer
201 views

Game theory in the Tanaim

I read an article a while back (maybe over a year ago?) in the Mishpacha English Magazine (I'm pretty sure, although it may have been in the Ami) that discussed a certain machlokes Tanaim about how to ...