Title | Quizlet CONT Halakha 2nd sem |
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Course | Contemporary Jewish Law |
Institution | Yeshiva University |
Pages | 5 |
File Size | 114.2 KB |
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Quizlet...
Cont. Halakha 2nd Semester Study online at quizlet.com/_6s6zbb 1.
3. Cases Pru urevu Meyuchas Acharav
a. If you have children with a Goy b. Children with a shifcha c. If IVF is done where we follow the egg donor 1. Still a kiyum of sheves
2.
4. Why do we not say to get divorced when they don't have children after 10 years?
a. RW - taking the - Meshech Chochmah women can't take a second husband so that's why they cant be obligated in pru urevuh. RW - so from this now he is stuck, because he would have to get rid of his wife in this case
3.
5. What is Sheves
a. One child - there is no PruRv by it but still sheves i. But it's a nice thing not an actual chiyuv
4.
6. Why Does the Rambam allow people to stop having children after having a girl and a boy?
a. Because its only sheves which is not a bonfied chiyuv b. You can skip an onah here or there
5.
7. Can the women say I do not want to have a children?
a. Rambam - you are allowed to marry a women who is not fertile so there will be shalom bayis i. RW - if so then to keep shalom bayis to stay married - we can give up sheves with pru urevu b. Chasam Sofer - if she would be mitztaar or has hard preganacies then after pru urevuh was done then she can drink a birth control thing c. Rav Moshe - if it's a tough pregnancy after the first one she can stop having children for 3 years, OR if she was sickley she doesn't have to have at all d. Rav Heinken - after one child has a two year delay after first baby (Rav Moshe did not agree)
6.
8. What contraceptive devices are Mutar?
a. IUD b. Spermecide c. Pill - staining issues d. Condom is ASUR e. Diaphram - Mutar
7.
9. Can you delay for financial reasons children right away?
a. Rw - No i. Rambam - loh yuisah Ketanim and the pill makes her a katanah ii. Shulchan aruch - leherbos iii. Rambam - onah veonah
8.
10. Is there a time a. If they are trying to steal from you we don't have to listen to the Midinah?
9.
11. What is the source for Dinah demalchutah Dinah?
a. Sanhedrin - King can levy a tax i. Ran in Nidarim - no Taxes b. Shmuel - says it
10.
12. Nature of Dinah DeMalchutah Dinah now adays?
a. Rav Shechter - Modern day Taxes is from a din of shutfin because we are in a democracy and we are all in this together
11.
13. What are the Perameters of Dinah Demalchutah Dinah?
a. Allows the definition of Money (ribis and mayser sheyney) b. Jew and Goy c. Choshen Mishpat would not be in Dinah Demalchutah Dinah d. 2 jews when it is litikun hamidinah i. Bancruptsy, rent control ii. Or Halakha doesn't talk about it (not everyone agrees) iii. Umdenah or Minhag Hamidinah that everyone will accept e. To keep order (china killing drug dealers) i. Like BM - im being mevaar kotzim, its not Meseyrah 1. It needs to be assur according to halakha though 2. UNLESS its an anti-semetic issue then that would be Meseyrah f. Chilul Hashem - if there is a subpoena g. Pedophile - makeh es chaveyr or he is metzaar et harabim
12.
14. Is issur Deoeysah of doing Melacha on Chol Hamoed
a. Gm' Chagiga i. "Chag hamotzt teshmor shevat yamim" ii. Kol melacho loh tasu b. Toes - all above are asmachta i. Alyahs 4 vs 5 ii. Exceptions - hefsaid iii. Yerushlaim - ASRU melacha chachamim c. Rishonim who say Chagiga is Deoreys i. Rabanan are still allowed to define the day and have those exceptions
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15. Is Tircha an issue on Chol Hamoed?
a. Not allowed to move apartments and yisod of Chol hamoed b. Muktzah and gezeyras don't
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16. What is permited on Chol hamoed?
a. Davar Haavid b. Tzorech moed c. Sheynu Yochal ??? d. Tzarchey Rabim
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17. How does Tzoreyehc Moed work?
a. Maasah hedyot works b. Maazah uman is not allowed i. Unless its Ochel Nefesh tzorech haguf ii. Color but not cut
16.
18. Docot appointment Apointments for tzoreych moed?
a. Rav Moshe - No routine check up b. Rav Elyashiv - you are allowed to do medical places
19. When does Davar haved not apply?
a. Maysah uman is allowed b. Two issues i. Excessive teyrcha is not allowed ii. Michabayd melachto lmoed let me send it in on chol hamoed
17.
20. Business allowed on Chol Hamoed?
a. Davar haved might be allowed but should be done btziniah
19.
21. Why does Tzorchey Rabim work?
a. If we don't make it mutar it will never get done
20.
22. Where can you apply tzorchey rabim
a. Tzoreych haguf i. Mikvas ii. Trip 1. Cant build a shul
21.
24. Can you have positions of Leadership for women
a. Srarah b. Tznius - Kol kvados melech pinimah c. Mesorah d. Halakha - Dayan
22.
25. Whats the issue of Srarah
a. Som Tasim alecha melech or Malkah b. Rambam - any positions of authority c. Rav Moshe - we don't hold like this Rambam, Mikar Hadin - only tzorech Gadol
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26. What is Miynoy?
a. Rav Soloveitchik - appointed position is a problem, depends on the issue
24.
27. Women Rabbi?
a. Rambam - smicha ledoros deynay knasos i. That would be an issue
25.
28. Women paskining?
a. Women - is allowed to say what the positon is in halakha
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29. Women saying Kadish?
a. Chavos Yair - terrible thing because weakening of Mesorah b. Rav Heinkin - not in shul c. Rav (Aharon) Soloveitchik don't cause problems let them do it
18.
27.
30. Bas Mitzvah?
a. Rav Moshe - problem with bar mitzvah parties don't start a new thing b. Tzreydey eish - if its for inspiring and not in the shul its awesome c. Rav Ovadeyah - we have been doing this forever
28.
31. How many couples deal with infertility?
a. 15%
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32. Whats the most common issue
a. Picos - she doesn't oviolate
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33. What is Halakhic Infertility
a. Ovulation happens 14 days before the next period b. So if she goes to mikvah after sheveh nikiem on day 12 then she will be able to be pregnenant those days, but if she has a 25 DAY cycle and she ovilaites on day 11 - she is still a niddah cause she didn't go to the mikvah
31.
34. How do we medically solve Halakhic infertility?
a. Estrogen supliments (that suppress FSH) which delays ovuilation
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35. How do we Halakhickly solve Halakhic infertility?
a. Hefsaysk on day 4 rather than day 5 b. Tell her to do less bedeykos c. Wear colored underwear
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36. Lets say non of these work?
a. IUI - shoot the zerah in folopian tubes
34.
37. How do you get the Zerah for IUI?
a. Beyah and have a condom where you freeze the sperm b. Loh senaf - issue c. some allow masterbation d. most don't (maybe electornic stimultion of the prostate)
35.
38. IFV - is that Pru Urevu
a. Rav Yaakov Emden - no yichus b. Rav moshe - there is i. Nm' will be bris milah on shabbas
36.
39. IVF Women and a kohen?
a. R' Shechter - machmir not miyuchas b. Rov Poskim - say its ok
37.
40. How many years do you have to wait?
a. 5 or 10
38.
41. Can you charge Ribis ro a Non Jew?
a. Machlokes if mutar or mitzvah - we say neutral
39.
42. What is Ribis Ketzutah?
a. When it is predetermined to have intrest (this makes it deoreysah)
40.
43. What is derbanan Ribis?
i. If its after the loan was made b. Or if it's a check and not physical money
41.
44. Whats NM' between deoreysah and derbanan ribis?
a. Deoreysah - its yotet through dayanim b. Derbanan - stays with the person, and heter with tzdakah instituions
42.
45. Are you allowed to give someone a loan if they will give someone else another loan that you want them to do, what if you tell them to pay a charity?
a. Yes b. HOWEVER - you cant tell them to pay a charity with the ribis because that's like a din areyv
46. What is a heter eskah
a. Resturctres a loan to be an investment b. Only for financial purposes on personal loans (goes against the whole problem of loans) c. Chatzi mamon - chatzi halvah i. We then say that there's an anticapted return of 300% or something like that, and you owe me that amount unless you swear a shvuah deoraisah on a sefer Torah that the investment failed or bring eidim to that effect. d. Have to pay the loveh a dollar for maiging the investment also
43.
44.
47. Where can issues come up in heter iskah?
a. If we know what the return is going to be that's going to be an issue
45.
48. Coperations with Heter iskah?
a. Bank has no liablity so you can take it
46.
49. What are the three types of Tumah?
a. Magah b. Maseh c. Ohel
47.
50. Which ones apply to non jew which one to jew
a. Magah massah apply to every body b. Ohel - only to a Jew (machlokes)
48.
51. Are you allowed to touch a second dead body
a. Raavid - all tmaei meis so you are not touching b. Ramah - no tumah by akum i. Should be a sfakyk skaykah (medical school) 1. Should not be used - according to Rav Moshe
49.
52. Kohen Hospital visits?
a. If its under the same roof then it's a problem b. Even if the doors are closed and we use the sfayk sfaykah what about sof tumah latzays (service elevators would help) c. Shush Yakov - no chiyuv to bury a goy, so you don't know d. R. Shechter - rov goyim are in the hospital which is a chumarah and chumrah on top of it e. Rav Moshe - you are allowed to in tzorech gadol,
50.
53. Pregnant eishes Kohen
a. Rokeyach - sfeyk Sfeykah if it's a girl or boy or even alive i. Might not work with ultra sounds b. MAgin Avraham - tumas beluah i. Shut Acheizer - its herkavos is the issue not acutally tumah
51.
54. Does the issue of tuma also apply to cheyrev kechalal?
a. Mutar for kohanim to touch it (Toes Nazir)
52.
55. Flying over cemetery
a. Rav Shechter - that's not karuv lemays even though it is tumah
53.
56. Driving over a cemetery
a. Ohel Zaruk is lav shmey ohel b. Car is medal so not chotzey
54.
57. Airplane aluminim might not be medal -
a. Tefech of airspace b. Ohel zaruk is the issue i. Relative
55.
58. Is shechita a mitzvah or a matir?
a. Rambam - Mitzvah b. Raavid - its at best a lav to not eat neveylah i. It might hinge upon doing Kulo vs Rov 1. Since he says lichatcheylah to do kulu and not just rov might be indivitive that it a mitvah ii. Bracha on Shichta 1. You can make a bracha on a matir like eruv chatzaytos
56.
59. Do you make a bracha on a known triefa?
a. Rov Rishonim - don't say a bracha b. Rashi - you do say a bracha because tumas neveylah you are removing
57.
60. Why does Shecheytah of a Nochrey not work?
a. Toes - not shayich to she b. Rambam - machsheves of a goy is avodah zarah, but at least assur in achila i. NM' - Jew and Non Jew shecht together 1. Rambam - would ruin it (Shulchan aruch) 2. Toes - the Jew would
58.
61. What about Shecheytah of a Katan
a. Even though he is not bar zvicha cause he can eat neveylah still he is for tumah
59.
62. What about a Mumar for Shecheytah?
a. Like a Akum b. Chidah
60.
63. Kusey for shecheytah?
a. Even though he is not bar zvicha cause he can eat neveylah still he is for tumah
61.
64. What kavanah do you need?
a. You don't have to have kavanah to do something - like mikvah
62.
65. What are the five Psulim of shecheytah
a. Sheheyah - Pausing b. Ikkur - pegam (or behag - issue with the trachea) c. Hagramah - wrong area d. Hadrasah - pushing down e. Chaladah - knife was covered and not revealed
68.
71. Where does the sugyah of brain death come up
a. Yomah - how far do you have to be bodeyk i. Heart ii. Or breathing 1. Rashi - Once you check his nose you don't have to check a. What is the siman he is not breathing - i.e that's the SIMAN i. You could not use his thing b. Mishnah ohelos - head is off there is tumah i. Rabanut - brain death is dead ii. Rav Bleich - any movement except for decapitiation is alive c. Rav Shechter - might have to have all three of them (brain heart and liver)
69.
72. What does the gemarah in Rosh Hashanah mean about molad before chatzot
a. Baal Hamor and Kuzari international date line, 1. for Rosh Chodesh to happen the Molad has to happen before shecheytah where it happens somewhere in the world ii. 6th hour - day 1. Chazon ish - 90 degrees west is the date line (china)
70.
73. Different date lines
a. Baal Hamoar - goes in the end of china b. Chazon Ish - 90 degrees you go to the perimeter of the land mass (china and Australia will be on the side) c. Rav Tuchensky - 180 degrees Hawaii (tibor Haaretz) d. R. Simon - Bearing Straight
63.
66. Whats the problem of Sheheyah?
a. Pause in the middle - but if you do Rov Simanim, and then you do it i. Rashi - its still a problem it is a posel
64.
67. Hagramah after rov simanim -
67. Hagramah after rov simanim a. It should be ok
65.
68. Kisoy hadam for chayah and an of?
a. One act can work for both
71.
74. NM' of date line
Japan to Ny you already davend Monday morning
66.
69. Kisoy Hadam with a shliach
a. Most people say yes b. Shach says no -
72.
75. Mayim Sheuvin is it deoreysah or derbanan
67.
70. Why Bedyekah on lungs
a. You do because its more common but everything else there is a rov that things are fine
a. Some say atu bekli is deoreysah (rov) b. Some say its derbanan
73.
76. Are Pipes ok for mikvah?
a. Its fine b. Unless its wood because it could have nicks in it and be a beis kibul
74.
77. What do you do with a. Hashakah Dirty water b. Zerah c. Bor al gabi bor
75.
78. How does Hashakah work?
a. Bor teveylah connevting it to bor mey geshamim
76.
83. What is the condition of mecheyrah
a. Behag - not every year b. Most rishonim - it's a bonfied micheyrah
77.
84. How do you sell chamayetz outside your bayis?
a. Trumas hadeshen - rent the place to the goy, so it transfers b. Bach - you have to give over a key
78.
85. How do you transfer the chameytz
a. (from the same thing as Bechor) b. Rebey Yochanan - Maos Konos for Jew but not Jews its mesheycha c. Reish Lakish - Mesheycah is deoreysah and Maos Konos i. Rashi - Goy is by a kesef ii. Toesfos - Goy is misheycha
79.
86. What other kinyanim can you do
a. You have to do both mesheycha and kesef b. Kinyan Chatzer i. Kitzot might be shlichos and wont work c. Kinyan Agav - kinyan chashuv does it on the metatlin i. Might be only mederbanan 1. Rashba - makom in the beis is fine d. Chalipin i. It might be only for a Goy i. Mesheycha e. Situmtah,
80.
Are you allowed to teach women torah?
a. Sotah - tefulus b. Rambam - rov nashim, and torah shebaal peh c. Prisha - only us teaching, if they want to go for it - awesome d. All halakhjas that apply to them Shulchan aruch shiur e. Rav Soloveitchik - they wont see the safistication inTorah so nowadays you gotta f. Rav Moshe - kedusha vs feminism
81.
Is Pru Urevu the Beiah or the birth of the baby?
Minchas Chinuch - Birth 9 months later is the birth Rav Willig - The beayah is the mitzvah
82.
NM' (4) of whether beiah or birth is the mitzvah
a. Chaytzey eved Chatzei beney Choren cant marry a shifcah. Toes' asks shouldn't that be asay docheh loh taasay. Answer asay is the gemar beyah the loh taasay is the horaah. i. Minchas Chinuch - WHAT IS TOES talking about that asay is at the birth ii. Rav Willig - obviously toes doesn't hold like that b. Fulfil Pru urevu before Geyrus counts i. MC - you see its having children ii. RW - Once you have children you don't have obligation but no schar for it c. Fulfil obligation of Pru urevu with Mamzir i. Minchas Chinuch - Shouldn't it be a mitzvah Habah beveyrah? NO ITS children ii. RW - beyah is the mitzvah, you had children you don't have a chiyuv anymore d. If there is no maaseh beyah it still works 1. Beis Shmuel - look its not the beyah ii. RW - no its still question of schar...