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14 votes

What is the exact difference between a chazakah and a rov?

There are many types of chazakos and rovs, so it's good to define our terms before we compare them. What both of them have in common is they tend to address sefeikos, or uncertainties. Chazaka D'...
robev's user avatar
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8 votes
Accepted

How do we know the Rambam is so exact?

This approach, which sees the Rambam as having been precise, systematic and rigorous, in his restatement of the halakhah in the Mishneh Torah, has roots way further than Brisk or the other ...
Deuteronomy's user avatar
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6 votes
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Why does a Migo/ Migu Work?

R. Asher Weiss writes here: וע"כ דהוי סברא ... דהלא אף אם הפה שאסר וכו' עדיף ממיגו פשוט שסברא אחת המה, אלא דמיגו אי בעי שתיק עדיף ממיגו דאי בעי טעין, אך מ"מ סברא אחת הן וילמדו זמ"ז, ...
Joel K's user avatar
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6 votes

What is the exact difference between a chazakah and a rov?

There are indeed opinions which essentially understand certain forms of chazakah as a rov. For example, R. Yisrael Isserlein writes in Terumat HaDeshen 207: חזקה שאינה פוסקת שהיא באה מכח הרוב כמו ...
Joel K's user avatar
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5 votes

Does Rashi's commentary on a quoted mishna reflect the true explanation?

Besides for the Tosafos Yom Tov cited by @Menachem there are a couple of other sources: R. Yechezkel Landau, in his commentary to Berachos 20a, writes: ונראה לפי הכלל שאני רגיל לומר לתלמדיי שדרכו ...
Alex's user avatar
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5 votes

Are the eight nights of lighting Menorah one Mitzvah or eight?

The Tur (672) write : אם עבר כל הלילה ולא הדליק לא ידליק ביום המחרת דשרגא בטיהרא מאי אהני וכן לא ישלים בלילה של אחריו That is, if he did not light up all the night, he wont light up the day, nor in ...
EzrielS's user avatar
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4 votes
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Eidim Zommemin (first set) on Eidim Zommemin (second set)?

No, this is not possible. Once the second set of witnesses testifies that the first pair is lying, the first witnesses become invalid witnesses and cannot testify anymore. Sanhedrin 27a: עד זומם אביי ...
H. Eugene Walters's user avatar
4 votes

How does Ishto KiGufo work?

To the second question the Birkat Asher on Devarim 12:12 asks your question: .אתם ובניכם ובנֹתיכם ועבדיכם" וגו'. ומעין זה בפסוק יח "אתה ובנך ובתך ועבדך" וגו'. ואילו האשה אינה מוזכרת כלל,...
Avishai Tebeka's user avatar
3 votes
Accepted

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

Rambam Hilchot She'ar Avot HaTumah 7:2-3 (my emphases): אֵין לְךָ וְלַד טֻמְאָה שֶׁמְּטַמֵּא כֵּלִים אֶלָּא מַשְׁקִין טְמֵאִים בִּלְבַד. וְטֻמְאָה זוֹ מִדִּבְרֵיהֶם ... כֵּיצַד. אִם נָפְלוּ לַאֲוִיר ...
Joel K's user avatar
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3 votes

Is the mitzva of 'Shikcha' the act of forgetting, or the act of not going back to collect what was forgotten?

The Tosefta (Peah 3:8) seems to support the person who asked you the riddle: מעשה בחסיד אחד ששכח עומר בתוך שדהו ואמ' לבנו צא והקריב עלי פר לעולה ופר לשלמים אמ' לו אבא מה ראית לשמוח במצוה זו מכל ...
Alex's user avatar
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3 votes

Formal Logic and Gemara

What you're describing is a formal notation for Aristotelian or syllogistic logic - see the beginning of Kleene's Intro to MetaMathamatics. Yes, you're right, the Gemara is always building a series of ...
Ari Heitner's user avatar
3 votes

How does Ishto KiGufo work?

The Shulchan Arukh (Orach Chayim 73:2) gives an example of how to apply this rule: If one was sleeping with his spouse, he may recite [the Shema] by turning away his face to the other side. And [this ...
Maurice Mizrahi's user avatar
2 votes

Converts like newborn children

Yes, the statement has Halachis implications. For example: Does a convert who had children before converting need to have more children Yevamos 62a Does a child born before conversion prevent the "...
ertert3terte's user avatar
  • 40.6k
2 votes

Source for the prohibition against Nivul Peh (foul mouth)

I cannot find mention of nibbul peh in Rambam's Mishneh Torah, or in other lists of the mitsvot, such as Yereim, Semag, Semak, Ramban's addenda to Sefer Hamitsvot, etc. I therefore assume that ...
mevaqesh's user avatar
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2 votes

Is Menorah an obligation on the person or on the object?

Defining chovas gavra as an obligation on the person to light a candle (potentially only at the person's own doorway - similar to tefilin requiring the person's own arm), and chovas object/cheftza as ...
AKA's user avatar
  • 628
2 votes

Is Menorah an obligation on the person or on the object?

In order to answer, it is important to clarify the question. Although it is obvious the Torah only obligates people (objects can have no obligations or restrictions), the question is about the exact ...
chortkov2's user avatar
  • 9,812
2 votes

Why is the principle of Svarah a source for some Halachik concepts but not others?

Your question and its formulation are excellent. You deserve a real answer, or at least an honest attempt to provide one. The three examples that you gave are used in different contexts. Each will ...
user17093's user avatar
  • 121
2 votes

Is the mitzva of 'Shikcha' the act of forgetting, or the act of not going back to collect what was forgotten?

You and your friend are both correct that there are 2 Mitzvos, Lo saase - to not return to collect the forgotten sheafs (which is liable to lashes should you burn your field and not be able to replace)...
user15464's user avatar
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2 votes
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Formal Logic and Gemara

I would say that what you've done is pretty impressive. So capturing the logic of Gemara as you have done is an interesting project. However, that being said, Gemara, and specifically learning is not ...
Daniel Freedman's user avatar
2 votes

Is "pikuach nefesh" on shabbos "hutrah" or "dichuya"?

The Sugia of hudcha or hutra is in Yoma 6b up to 8a and in Pessahim 77a. The issue there is the proportion in which uncleanliness is allowed for a korban tsibbur with fixed time. The gemara shows two ...
kouty's user avatar
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2 votes

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?

See Erechin 11a. It would seem to be a machlokes as to whether a Yisrael can sing the shira. It is also a machlokes if the shira is meakev the korbon. See Rambam Sefer HaMitzvos Asei 23 and Sefer ...
Dovid Munk's user avatar
2 votes

Looking for a Sefer on Chagim/ Yom Tov

As Joel K said, Moadim Uzmanim is the most classic. For many years, the chiddushim of Rav Kulefsky were published in small pamphlets that were distributed and studied across America. Here is an ...
N.T.'s user avatar
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1 vote
Accepted

Kila'ei Hakerem - why 16 amos radius?

R. Ovadiah miBartenura explains why this case is different to that of the earlier mishnah: ואע״ג דתנן לעיל הזורע ארבע אמות של עבודת הכרם אינו מקדש אלא שתי שורות, היכא דזורע בין הגפנים מקדש ט״ז כשיעור ...
Joel K's user avatar
  • 43.9k
1 vote

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

Chazal were גוזר that a כלי that comes in contact with משקין that are a ראשון become a שני לטומאה. והכלים שנטמאו במשקין כלים דאיטמאו במשקין דמאי אילימא במשקין דזב דאוריי' נינהו דכתיב (ויקרא טו, ח) וכי ...
Elie Poltorak's user avatar
1 vote

Is this case of double bal tosif, bal tosif?

The Mishnah Berura in 664:22 when discussing adding the Hoshanos to the lulav and shaking them together, says that outside the zman of the mitzvah there is no bal tosif if you don’t have specific ...
Chatzkel's user avatar
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1 vote

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?

By brachos we have a couple different issues which need to be balanced. There's the obligation of making the right bracha before eating, the prohibition of eating without a bracha, and the prohibition ...
Binyomin's user avatar
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1 vote

Is there a Mesorah of Kal VaChomers?

Disclaimer: I have no specific source that says what I am about to say. This is just my understanding of the sugya in a way which I think explains how it is logical. Let's start from the beginning so ...
Alex's user avatar
  • 49.6k
1 vote

Why is one who touched doubtful Tumah in a public domain considered Tahor?

Why? Let's say there's no extra stringency of Sotah. Why doesn't it fall back to the old classical "Safek DeOraisa Lechumra"? The summarized answer is "because of chezkat Tahara", but it is not ...
kouty's user avatar
  • 22.8k
1 vote

Formal Logic and Gemara

As explains the Ramchal in the end of the third chapter of Derech Tevunot, one needs to translate the Gemara language in a formal language, formal from some point of view. To make each sentence clear. ...
kouty's user avatar
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1 vote

How could Peretz have had children before going to Egypt?

How old were Er and Onan when they died? points to Ibn Ezra to Breishis 38:1 who says that they were born before Yosef was sold and that they had children at 12.
sabbahillel's user avatar
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