16
votes
Accepted
Is "pikuach nefesh" on shabbos "hutrah" or "dichuya"?
This is a rather large dispute among the Rishonim, the early commentaries.
See the Rashba (שו״ת ח"א תרפט):
ולי נראה שהכל תלוי במחלוקת אם נאמר שבת דחויה או נאמר שבת הותרה אצל
חולה. אם נאמר שבת ...
- 15.3k
13
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'...
- 19.2k
7
votes
logic behind kol kavua k'mechtza al mechtze
Rabbi Aqiva Eiger (shu”t #136) says that there are two types of doubt, and each has its own mechanism for birur, for clarification.
The case of qavu’ah is one where the reality was once established. ...
- 9,175
7
votes
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 ...
- 5,255
6
votes
Accepted
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, ...
- 40.4k
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 ...
- 40.4k
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 ...
- 48.7k
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 ...
- 1,011
4
votes
Accepted
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 ...
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,...
- 1,512
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 ...
- 48.7k
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 ...
- 626
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 ...
- 40.4k
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 ...
- 19.1k
2
votes
The משלח is dead, long live the משלח!
it would be interesting according to R Yosef engel ( Lekach Tov, Klall 1) who entertains a third option as to how shlichus works, in that the shliach remains an independent entity, while his creation ...
- 69
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 ...
- 22.6k
2
votes
Why does the gemara record an "Ileima" suggested answer?
The proof essentially functions as a process of elimination: by showing that the alternate explanation is not viable, you demonstrate the validity of the acceptable explanation. Also, if the gemara ...
- 17.5k
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 "...
- 40.1k
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 ...
- 524
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 ...
- 7,679
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 ...
- 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)...
- 11.3k
2
votes
Accepted
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 ...
- 154
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 ...
- 41
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 ...
- 7,372
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 ...
- 2,901
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 ...
- 48.7k
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 ...
- 22.6k
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. ...
- 22.6k
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.
- 42.7k
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