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The Gemara (Bava Kamma 2b, as explained by Rashi) seems to agree with you that we can't learn a Torah-level law (דברי תורה) from Prophets and Writings (דברי קבלה), but it clarifies that it is possible to use it to learn גילוי מילתא, to use the Prophets and Writings to clarify what the Torah means. We can't use Prophets and Writings to learn something new is ...


6

Some of the disagreements in earlier answers seem to stem from different understandings of peer review. From the definition stated in the question, it seems totally reasonable to think of disagreements in the mishna and gemarah, or in the rishonim, achronim, and later works, as constituting peer review. Those who disagree are typically "people with similar ...


4

In his commentary to that Mishnah Rambam writes: והביא את המעשה הזה לחזק בו סברת רבן גמליאל ושהוא הורה כן It brought this incident to strengthen the view of Rabban Gamliel and [to show] that he ruled this way [even in an actual case]. The significance of this perhaps becomes more apparent when considering the Talmud's analysis of this clause on 9a: ...


3

More than 50% of mishnayos have multiple tanaim disagreeing. That's peer review. R' Meir says something, R' Yehuda reviews it and says something else. When nobody disagrees explicitly, the assumption is they reviewed it and agreed (הלכה כסתם משנה). It's exactly the same in the Gemara.


3

Just being published in the Talmud is a form of Peer Review. Not everything that Rabbi Akiva ever said has been written & published, only the things that his peers felt were valuable. And everyone who publishes a Sefer gets an Haskamah / approbation from their mentors & peers. Jews have been practicing peer review for millennia.


3

I believe the basis for the claim stems from the Bavli (Niddah 13a): רב יהודה ושמואל הוו קיימי אאיגרא דבי כנישתא דשף ויתיב בנהרדעא אמר ליה רב יהודה לשמואל צריך אני להשתין א"ל שיננא אחוז באמתך והשתן לחוץ. היכי עביד הכי והתניא...? אמר אביי עשאו כבולשת... כיון דבעיתי לא אתי להרהורי. והכא מאי ביעתותא איכא... ואב"א ביעתותא דשכינה ואיבעית אימא אימתא דמריה עליה ...


2

Never; at least in Israel many still do it. There even are kabbalistic intentions for (versions of) it, refer to e.g. the Sim Shalom or the Avodath Hakodesh siddurim.


2

The Mishna specifies that the reading should be only in Hebrew because it's true, as you said, that it's done in Hebrew. So it has to be on the list. This is so obvious, as you stated, that this is one of the items on the list that - when discussed in subsequent Mishnayot - where no textual proof is offered that it has to be read in Hebrew. Moreso, you ...


2

IMHO Rabbi Sherqi's explanation is a סברא (i.e. conjecture). As he states elsewhere in the shi`ur, when one's intellect is focused (or להבדיל while mourning) one's base desires are diminished. I think this can be attested to by any emotional healthy person. I don't recall Rabbi Sherqi offering a specific source - Rabbinic or otherwise - for his conjecture. ...


2

A square really is a shadow a cube makes when you shine a light on a side of it. The same cube, with the light pointing at a corner will really cast a hexagonal shadow. The Truth of "Divrei E-lokim Chaim" (the Words of the Living G-d / of the G-d of Life) is richer than reality can hold. Converting that Truth into a rule of behavior, a halachic ruling, is ...


2

I don't have an explicit source for this, but the following understanding of truth, when it comes to halacha and decision making, seems to me to be consistent with the way it was understood by Chazal: Any one statement (statement B) can be comparably more true than another statement (statement A) by taking into account all the factors contributing to ...


1

Peer-review as we know it today was quite impossible in the past. Also in science is is very recent. For Halachic decisions, the basic "peer-review" in Judaism is the Beis Din, and in the past all Rabbis who wrote responsa either wrote them as part of sitting in a Beis Din, or expected them to be approved by a responsible Beis Din. For theoretical ...


1

As other answers have mentioned the Bat Kol in the dispute did not settle the matter, it merely accorded with the majority opinion. However the question in general of to what degree one disregards a Bat Kol when resolving a halachic matter is a dispute between Rebbi Yehoshua (who holds you only ignore a Bat Kol when it conflicts with the halachic principle ...


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