Category: Process

Halachic Process, part I 0

Halachic Process, part I

“Eilu va’eilu divrei E-lokim Chaim, vehalakhah keBeis Hillel — These and those are the words of the ‘Living’ G-d, but the halakhah is like Beis Hillel.” The voice rung out from heaven that even...

Halachic Change 0

Halachic Change

Pesaq “changes” in a number of very different ways. I put the word in quotes, because I’m including things I do not consider an actual change in pesaq. R’ Herschel Schachter writes in a...

Safeiq deRabbanan 0

Safeiq deRabbanan

R’ Aharon Rakeffet has a 10 year series on responsa literature and the art of making a halachic rulings. The classes are available on YUTorah.org. The following is primarily from his shiur of Dec....

What is Judaism? 0

What is Judaism?

Since Mosheh received the Torah in the Sinai, the Torah has evolved. It evolved according to the rules set out in the Torah itself, but still, halakhah has grown, courts of greater number and...

Chidush and Shinui 0

Chidush and Shinui

Rabbi Yochanan ben Beroka and Rabbi Elazar ben Chisma went to Peki’in to visit their rebbe, Rabbi Yehoshua. Rabbi Yehoshua asked them to repeat something they had learned in the beis medrash since their...

Types of Halachic Rulings 0

Types of Halachic Rulings

The following taxonomy of kinds of halachic ruling was culled from the Rambam, Hilkhos Mamrim ch. 2, and includes thoughts learned at a shi’ur given by R’ Yonasan Sachs (of RIETS and the Agudath...

Midrashei Halakhah 0

Midrashei Halakhah

There are two kinds of medrash (which should technically be called “midrash” to be grammatically correct). Midrashei Aggada are non-halakhic statements, those of mussar, Jewish thought, Qabbalah, and the like. The thought is usually...

Appropriate and Inappropriate Kulos, Good Chumros and Bad 0

Appropriate and Inappropriate Kulos, Good Chumros and Bad

It is this rupture in the traditional religious sensibilities [caused by the Holocaust and the subsequent displacement in geographic location] that underlies much of the transformation of contemporary Orthodoxy. Zealous to continue traditional Judaism...

Eilu vaEilu – part I 0

Eilu vaEilu – part I

Before giving my own thoughts, I would like to discuss two recent articles on Eilu va’eilu: Moshe Halbertal on “The History of Halakhah, Views from Within: Three Medieval Approaches to Tradition and Controversy“ R’...

The Legislative Authority of a Bas Qol 0

The Legislative Authority of a Bas Qol

A brief summary of the Encyclopedia Talmudit entry on “Bas Qol”, the paragraph about its impact on halachah:An Achna’i-style oven was made from pieces of pottery that were not cemented together. So, the question...