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votes
1answer
92 views

Do halachic authorities actually believe in eilu v'eilu?

This answer https://judaism.stackexchange.com/a/93714/13680 states the following viewpoint [...] HKB"H does not care about the truth anymore, as long as they arrived at their conclusion sincerely ...
3
votes
0answers
40 views

Case Study: Kashrut of Tapioca Starch

I have heard different answers from representatives of the cRc and the Star-K regarding the kashrut of un-certified tapioca starch. While both agree that it requires a hechsher for Pessach, the Star-K ...
3
votes
0answers
46 views

Why Poskim don't work and write in groups?

At any given moment there are several leading (and hundreds of secondary) Rabbis and Poskim. Each one running his own Yeshivah, writing his books and issuing his own Psakim. I understood that the ...
1
vote
0answers
20 views

Can an artificial intelligence serve as a judge and/or posek? [duplicate]

If the vast corpus of halachic material including information on how sources are weighed and how halacha has been decided through the ages was compiled and processed through an artificial intelligence ...
1
vote
2answers
119 views

Why doesn't “Yatir Bechorot Yatir” semicha exist nowadays? (ie besides “Yoreh Yoreh” & “Yadin Yadin”)

The gemara in Sanhedrin 5a teaches us about 3 different levels of semicha: “Yoreh Yoreh”- primarily in Yoreh Deah, but can also include Shabbos, Niddah etc- which allows the person to issue rulings ...
2
votes
1answer
51 views

What gives a rav authority to grant his own semichah?

I have heard many stories about people receiving private semichah from rabbanim, even into the 20th century, under such figures as the Chofetz Chaim, R' Moshe Feinstein, and R' Isser Zalman Meltzer; a ...
1
vote
2answers
76 views

When two opinions differ how the Halachah is made? [closed]

Lets supose that in talmud sage A say that something is permitted and sage B say that something is not permitted, what opinion should we follow? Have seen some places that the difference is absurd, ...
6
votes
1answer
193 views

Retroactive psak and conversions

B"H I constantly read about Orthodox conversions which are retroactively nullified by the Israeli Rabbanut, sometimes affecting multiple generations. I am not writing this question to express nor ...
7
votes
1answer
117 views

Situations where your own opinions define Jewish law

I am asking this question to evoke a list of situations in which one's personal feelings, intuitions, beliefs, and/or tastes have a role in creating the halacha. I can think of a few on my own. With ...
2
votes
3answers
402 views

How authoritative is the Kitzur Shulchan Aruch?

The Kitzur Shulchan Aruch makes some clear statements that do not reflect the range of opinions. For example, Ch 53 #2, "...in the case of...vegetables, which are eaten after they are cooked, when the ...
3
votes
1answer
162 views

Is it lifnei iver if you enable someone to violate a strict interpretation?

Are there potential issues of m'sayea lidvar avera or lifnei iver if one enables, aids, or abets a violation of some machmirus? I don't mean a chumra or minhag, but a stricter position on some halacha ...
3
votes
1answer
264 views

If you get a psak, then hear that it is wrong, what must you do?

If I get a personal psak from "my" rabbi, then hear something--let's say from a dayan who is advising me on a different, but related matter--to indicate that "my" rabbi's psak was somehow flawed, what ...
4
votes
0answers
69 views

Why do we follow the “basra'a” - later one?

We know in Shas that in various situations, when there is a machlokes as to how to pasken, we follow the opinion of he that was chronologically later. (Ex. see Tosafos to B'rachos 13b s.v. Amar Rava.) ...
3
votes
1answer
152 views

Same Rabbi (Posek) for husband and wife

Do a husband and a wife need to have the same Rabbi (Posek) or can they have their own Rabbis?
4
votes
1answer
87 views

How much weight must we give to the Council of Sages opinions

As I understand it, there is no hierarchy within Judaism, per se. In fact, following a controversial decision by Rav Elyashev, he mentioned to a friend of mine that his rulings really only apply to ...
5
votes
1answer
433 views

Under what circumstances can Ashkenazim rely on Sephardic poskim?

Is there any reason an Ashkenazi Jew should not hold by the psak of a Sephardi rov--or vice versa--for decisions relating to general matters (not ostensibly to do with particular minhagim)? If so, ...
6
votes
3answers
226 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?
5
votes
1answer
108 views

How to answer practical questions on the street

I don't know how common this is, but I've occasionally been approached on the street by regular people whom I do not know (who presumably make the assumption that since I wear a kippah, I'm a rabbi) ...
3
votes
3answers
325 views

Is one allowed to be Machmir against a psak?

The Halacha follows Rabbi Yehoshua that a Mamzer is only if one marries an Erva that is Chayav Kares. The Halacha follows the opinion that the descendants of a non-Jew living with a Jewess are Kosher ...
1
vote
2answers
163 views

Seforim who write “not for Psak”

Whats the point of Sefarim who print Piskie Halacha and then they write not for Lemasshe-whats the point then?
6
votes
1answer
936 views

How does “getting a heter” work?

I have heard of the concept of "getting a heter" to do something that is not ordinarily permitted, but I don't have a good idea of what it means. I am interested in explanations of what this process ...
5
votes
1answer
185 views

picking and choosing halachic rulings

I have heard many times from Rabbinim and in lectures that to pick and choose rulings is forbidden. I would like a halachic source for this. I can understand that one should be consistent, but if one ...
10
votes
4answers
137 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 ...
6
votes
1answer
162 views

Is becoming a “Talmid HaRambam” limited to the Rambam?

This answer explains (very nicely) the justification and practice of those who consider themselves followers of the Rambam, as opposed to any other opinion. In the cited responsa of the Beis Yosef, ...
5
votes
1answer
342 views

Why do we find specifically “Rambamists” as opposed to any other Posek? [duplicate]

This answer explains (very nicely) the justification and practice of those who consider themselves followers of the Rambam, as opposed to any other opinion. In the cited responsa of the Beis Yosef, ...
2
votes
2answers
249 views

When did we start to be machmir?

When looking into the Talmud in the most places after bringing a machloket it says that the halacha is like x. On the other edge of the time when reading the Mishna Brurah it looks like he doesn't ...
2
votes
1answer
142 views

What was the Shita of the Rema

The beit yosef has a very clear Shita. There are 3 important poskim:rosh.,rif,and rambam. He goes after the majority of these Poskim in case of a machloket. When looking into the rema(darkei ...
5
votes
0answers
97 views

Poskening Leniently

For situations where a Rav is searching for a lenient ruling, such as in cases of major financial loss or aguna, etc., what are the guidelines that he must follow? Is he allowed to rule like a single ...
8
votes
2answers
139 views

Aiding what you consider sin but he doesn't

There is an action. Let's call it "hoobling". Some pos'kim say hoobling is permitted and others say it's forbidden. (Note: not "say one should ideally be strict". They say it's forbidden.) Suppose ...
2
votes
0answers
91 views

Psak halacha from a havah amina in the Gemara

The Gemara will often begin a sugya with an initial understanding (havah aminah) of a mishnah or halacha and as the Gemara continues will change until it reaches the maskanah. Often, the maskana will ...
3
votes
0answers
117 views

What to do when the Rabbi is on vacation

If a person has one Rabbi to whom they ask all of their questions, and that person is unreachable, for whatever reason, and an urgent, time-sensitive question arises, what should their course of ...
0
votes
0answers
67 views

CYLOR and Mesorah

Assume that someone has a she'elah, however their local rabbi does not follow their mesorah. How would one approach the issue of a psak? For example, let's say my LOR is a Chabad shaliach and I need ...
1
vote
0answers
90 views

D’oraita Sources for Halacha

We often see that the author of a p'sak maintains that a ruling is d’oraita even in cases when there is no link to any of the 613 mitzvot listed by Rambam, etc. Must every halacha ruled as a d’oraita ...
5
votes
3answers
337 views

Can a person decide the Halacha (pasken) for him\herself?

Request for sources: Assuming one does not have semicha, (ordination) but is learned: Can one decide the Halacha for him\herself (after analyzing the issue and investigating the sources), or is one ...
7
votes
1answer
3k views

Yoreh Yoreh vs. Yadin Yadin

I've heard a lot of people talking about the two different semichahs that one might receive: יורה יורה ("Yoreh Yoreh") and ידין ידין ("Yadin Yadin"). What is the difference between them? [Sourced ...
2
votes
1answer
106 views

Do any poskim recommend giving a conditional divorce?

For someone who married without a halachic pre-nuptual agreement, are there any halachic authorities who recommend giving a conditional get (bill of divorce) which stipulates that it would go into ...
2
votes
0answers
37 views

Codifying in a variant-text based machlokes

The בית חדש in O.C. 168 writes the following: אלא דלהלכה ודאי במידי דתליא בגירסאות אזלינן לחומרא הכי והכי In something which is dependent on variant texts we are stringent in both directions. ...
5
votes
0answers
192 views

makhloket poskim and hatarat nedarim

Recently, the OU decided to certify quinoa for Pesach. Formerly, the OU held by the view of Rav Yisroel Belsky that quinoa is kitniyot, or at least that Rav Belsky's view created sufficient doubt to ...
3
votes
0answers
172 views

How does one 'learn' how to paskin?

When a person goes through smicha (in order to become a Rabbi) they learn (at least) the laws of kashrus. Depending on the program this can include more or less amounts of information (more or less ...
4
votes
3answers
144 views

Halachah: What's the difference between this site and looking up a question in a book?

Per our oft-cited FAQ, and our frequent use of the disclaimer to consult one's own rabbi in matters of practical Halachah, we do not, as a matter of policy, accept questions, or provide answers, ...
3
votes
4answers
442 views

Why aren't we Mahmir (stringent) with just Mikvah when ruling leniently on a technicality in Niddah cases?

I know from experience and some introductory study of the laws of Niddah that rabbis typically try to find leniencies wherever possible in issues of family purity. In many instances, a Posek will rely ...
8
votes
1answer
163 views

How do you weigh authority in halacha?

Are there any hard and fast rules as to how to assign relative importance of one authority over another in formulating a psak halacha? For example if the Rambam and the Rashba argue over a specific ...
4
votes
2answers
222 views

Pinchas and Halacha In Front Of One's Rabbi

The Gemara in Eiruvin 63a,b learns that one is not allowed to paskin a halachah in front of one's Rebbi. Multiple examples and details are brought. In particular, Elazar haKohen taught the soldiers ...
13
votes
3answers
1k views

Why are people going back to paskining like the Rambam?

I have heard personally (and seen in chat) people (who are not Teimanim [for whom there is a tradition to rule like the Rambam]) ruling like the Rambam. I have heard that he has the authentic ...
5
votes
1answer
290 views

Ashkanazim paskening like Rema

Was it always a straightforward presumption ("davar pashut") that in general the Ashkanazim should decide Halachic questions ("pasken") in accordance with the Rema over the Machaber/Beis Yosef (when ...
3
votes
0answers
204 views

How did the modern day Beis Hora'ah phenomenon develop?

Here in Eretz Yisrael, we find Batei Hora'ah in many cities - places where a moreh hora'ah sits either during special times or perhaps the whole day or different rabbonim throughout the day answering ...
6
votes
2answers
265 views

When can you turn a dispute into a safek?

In this answer, I proposed that since there is a machlokes rishonim on a certain issue, it counts as a safek (doubt), although the Shulchan Aruch rules strictly. DoubleAA commented, saying that he ...
3
votes
2answers
505 views

Paskening from Talmud vs. Shulchan Arukh

Sometimes poskim will pasken from the Talmud (gemara) instead of the Shulchan Arukh. However, I thought that we pasken from the Shulchan Arukh and not from the Talmud. What is the proper way for ...
3
votes
1answer
143 views

How does one define illness?

Is there a benchmark that one can use when consulting a Rav to discuss the possibility that his observance of certain laws needs to be considered as though he has an illness?
13
votes
1answer
371 views

Can one follow the Mishnah Berurah without asking a shaila?

When one has a question in halacha and finds an answer in the Mishneh Berurah (or Aruch HaShulchan, or similar work), why can he follow the answer provided? Why doesn't he need to ask his rabbi first? ...