Hot answers tagged

14

The Keset HaSofer, by Rabbi Shlomo Ganzfried, rules (6:4) that when multiple children disagree about the reading of a letter we follow the majority. I suppose if there are only 2 children, we wait עד שיבוא השלישי ויכריע ביניהם -- until a third one comes and resolves the contradiction.


12

The Talmud (Pesachim 54b) states that only for Tisha bAv must we be stringent for Bein Hashemashot. There is an opinion in Rishonim that only regarding the Bein Hashemashot at the beginning of the day is Tisha bAv unique, but all fasts require being stringent at the end because we have to wait until it is certainly night to uproot the current status (chazaka)...


12

This question is discussed by Rabbi Kaganoff “One must desecrate Shabbos even if there is only a slight possibility that the situation is dangerous. One does not need a professional opinion or an expert physician. Whenever one is uncertain whether the situation is dangerous, he is required to desecrate Shabbos (Shu’t Tashbeitz 1:54).” Once you suspect ...


9

רמ"א, תורת העולה, ח"א פרק ו The Rema in תורת העולה, ח"א פרק ו says וכבר כתב חכם אחד שלא טעם טעם שמחה מי שלא טעם התרת הספיקות השכליות and a wise man said that someone who has not tasted the resolution of (intellectual?) doubt has not tasted joy, in connection with שמחת בית השואבה ! Metzudat David is from “18th century David Altschuler” and the ...


9

One of the Rabbis in the Talmud reacts to this verse in a similar way to you (חגיגה ד ב): רבי אמי כי מטי להאי קרא בכי (צפניה ב, ג) בקשו צדק בקשו ענוה אולי תסתרו ביום אף ה' אמר כולי האי ואולי Rabbi Ami would weep when coming to the following verse: "...seek righteousness, seek humility. It may be ye shall be hid in the day of the LORD'S anger." ...


8

R Yair Spolter and R Shraga Simmons discuss such a case in their series of lessons of blessings (here) and answer one does not need a new blessing. A bracha includes whatever foods you intended to eat at the time you said the bracha. [...] What if you had no specific intent? [...] It depends. In certain situations we assume that – even though you had ...


7

Shaalos Uteshuvos Radbaz 3:444 says that perhaps the Riva felt that his time was up and knew that he would die either way and therefore did not eat. "אפשר דריב"א ז"ל הרגיש בעצמו דאפילו שיאכל ימות ד'לב יודע מרת נפשו', והיינו דקאמר: ברי ושמא ברי עדיף. כלומר: הברי שלי [שאמות] עדיף משמא שלכם [שאולי תצילו אותי], ולפיכך לא רצה לאכול".‏ The "ברי" was ...


7

Some General Guidelines: Safek pekuach nefesh - if the situation is possibly life-threatening, one should act to save a life. Safek d'orayta l'chumrah - if it's a doubt about a d'oraysa, he should be stringent. Safek Brachot l'hakel - if it's a doubt about saying a blessing (of Rabbinic origin), don't say it. Shev v'al ta'aseh adif - if you're in a ...


7

This question is addressed by several acharonim. R. Jacob Reischer argues that since a kohen who does not perform the blessing is as if he has violated three positive commandments, the Sages said that a safek kohen should do it. And since he is doing it m'd'rabanan, there is no problem with making a beracha: Shu"t Shevut Yaakov 1:93 אלא ודאי צ"ל אף על גב ...


6

When one has a door between two rooms there is a list of criteria to determine which side is considered the right side of the door. You should evaluate them in order. As soon as one is met, you have determined the right side and can ignore all of the rest of the list. They are as follows: 1. Pnimi Chitzoni - That is to say, you consider it as if you enter ...


6

A giyur lechumra is usually intended for someone who's already fully observing Judaism. The execution is the same -- circumcision or drawing blood for men; declaration of mitzva acceptance and immersion in a mikva witnessed by three rabbis. If someone's already keeping everything but for instance oops, found out they were adopted, then the rabbis assume the ...


6

I would say that this is a question of the definition of testimony. We have the halachos in a number of places, including the talmud and Rambam hilchos Yibum, hilchos gittin, and hilchos nashim, about the circumstances as to who is believed if they come before bais din and testify that a person is dead. The implication of all of these is that the witness is ...


6

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. So in principle, there is a specific halakhah assigned already to this case. The doubt is in what that halakhah is. In this situation, we do not invoke rules ...


5

As already stated, this site does not replace a Rabbi. But here are some sources. The Mishan in Mas. Orla (3:10) says: ספק העורלה--בארץ ישראל אסור, ובסוריה מותר; ובחוצה לארץ יורד ולוקח, ובלבד שלא יראנו לוקט. If in doubt, then fruit that could be Orla are forbidden in Eretz Yisrael, but permitted in the Diaspora. That's also have the Shulchan Aruch ...


5

In The Laws of Ribbis (chapter 4, section D, paragraph 25, page 88), Rabbi Yisroel Reisman writes: It is important that both the borrower and lender keep accurate records of how much is owed. When records are not kept, there may be uncertainty regarding the balance which is owed. In this case, the borrower may pay the lender an amount of money which is ...


5

According to the Dvar Avraham (1:34), the reason one does not count ספירת העומר מספק is because if you do not know for certain what number it is, that is not considered "counting" at all. According to this reason, if there was an actual doubt, you would not be able to count at all. As the Dvar Avraham explains, אבל לפי דברינו הנ"ל נראה לומר דבר חדש דדוקא ...


5

To add to Avrohom Yitzchok's answer: The B'nei Yissaschar (Sivan 5:13; cf. Kisleiv 3:19) attributes this statement to the Rambam: ואמר הרמב"ם מי שלא טעם טעם התרת הספיקות (בתורה) לא טעם שמחה מימיו Translation: And the Rambam said, "Whoever has not tasted the taste of resolving doubts (in Torah), has not tasted joy all his days." I don't know where in ...


4

When there is a doubt, we rule based on habits. If you've done X all the time for the past 30 days or so, we assume you are in the habit of doing it. If you are not, then we assume you forgot. The level of doubt required is very small, the slightest lack of kavana, is enough to cause a situation of doubt. However, in practice, since we assume (I'm not ...


4

The 100% in 100% polyester and 100% silk suits refers to the visible part of the suit. Underneath that is an entire world of stuffing, reinforcement and other junk. The easiest place to see some of these is under the lapel; under the felt is something stiff, and it's not silk/polyester. These hidden parts are made from whatever material the factory can buy ...


4

Ba'al Hameor and Ravad (both at the end of Pesachim) assume that the communities counted only one day, starting from the first day of Yom Tov. Whether or not they did this with a beracha would probably depend on whether or not you make a bracha on a mitzvah done out of doubt (Rambam to Milah 3:6 says no and the Ravad there argues; Ran Shabbos 23a agrees with ...


4

Contemporary poskim discuss how to approach statistics -- we tend to work with concepts of mi'ut hamatzui -- a "commonly occurring though less than 50% event", for which we do need to check; vs. mi'ut sh'eino matzui -- a rare event, for which we don't. Many poskim treat 10% as the cutoff line for mi'ut sh'eino matzui, based on a fascinating application from ...


4

Believe it or not, the gemara discusses cases where an individual can have 2 polar opposite statuses at the same time (for example see here). There are a number of cases brought in the gemara (Gittin 41b, Mishna Pesachim 8:1, etc.) of a person that is 'half slave, half free'. Of course, if you are a slave then by definition you are not free and vice versa. ...


4

Shulchan Aruch Harav also says the same thing, and adds a second reason. וכל מקום שחור ומברך צריך לאמר ג"כ ברכה רביעית שהיא מדברי סופרים כדי שלא יבואו לזלזל בה, ועוד שכך היתה התקנה שבכל פעם שמברך ברכת המזון יברך ד' ברכותה The first reason I understand him to be saying not that you would treat Benching as a whole disrespectfully, but that you would ...


4

As Zeev said: Rambam, Laws of Reading the Shema 4:8 ח כל הטמאים--חייבין בקריאת שמע, ומברכין לפניה ולאחריה והן בטומאתן, אף על פי שאפשר להן לעלות מטומאתן בו ביום, כגון הנוגעים בשרץ או בנידה וזבה ומשכבן וכיוצא בהן. ועזרא ובית דינו תיקנו שלא יקרא בעל קרי לבדו משאר הטמאים, עד שיטבול; ולא פשטה תקנה זו בכל ישראל, ולא היה כוח לרוב הציבור לעמוד בה--לפיכך בטלה. ...


4

Chaf-K says that the bracha applies to all kailim that the person had in mind when he siad the bracha. One who is being tovel more than one utensil should be careful not to talk between the first utensil and the second. 35 One who is toveling keilim and new keilim are brought to be toveled which he did not intend to tovel at the time he recited ...


4

I think there might be a slight misunderstanding of the requirement. According to the Talmud (Menachot 33a), a mezuzah that is hung like a bolt is pasul (improper). In other words, the mezuzah should not be hung like a bolt. There is then, as you mention, a disagreement between Rashi and Rabeinu Tam about what a bolt looks like. Rashi says that a bolt is ...


3

There is a dispute as to whether beracha me'ein shalosh (al hamichiya etc.) is rabbinic or Biblical. Some Rishonim, for example the Rashba, hold it is Biblical, while others, for example the Rambam, hold it is Rabbinic. So there is a halachic safek about the existence of a Biblical requirement to make a beracha acharona of me'ein shalosh. The Magen ...


3

Although in Hilchos Sefiras Ha'Omer we find that one makes a bracha based on a sfek sfaka (Mishne Berura 489:38), in general one may not rely on a sfek sfakah to make a bracha (Mishne Berura 215:20). Rav S.Z. Auerbach (Halichos Shlomo, Pesach 11, note 24) explains that with Sefiras Ha'Omer nearly all Poskim agree that one makes a bracha even if he forgot to ...


3

The Rashba (Toras HaBayis, Bayis 4, Shaar 1, 11b. Also in his chiddushim on kiddushin 73a d"h mamzer vaday) says it's a Torah principle. The Ran (Kiddushin 15b according to the Rif pages) also holds it's a Torah principle. The Rambam (Perek 12 in hilchos tumas hames, halacha 12) holds it's a principle from the Rabbis. The Pri Chadash (Klalei sfek sfeka, ...


Only top voted, non community-wiki answers of a minimum length are eligible