Stein Final KEY TERMS

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44 Terms

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תקנות

Rabbinic commandments that were made by the Rabbis. Examples of Takanot are Purim or Chanukkah

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לא תסור

  1. Don’t deviate from what the Rabbis say (Gives Rabbis Authority)

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גזירות

Protective Rabbinic laws. Example law: Can’t write on Shabbat - the gezerah: don’t touch pencils on Shabbat

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דרשות

Rabbinic interpretations that have become Deoreita because the Torah gives them permission to make opinions.

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Deoreita

Torah Law

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Derebbanan

Rabbi law

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מקום צערה

Place of pain, where you can break a derabanan law in a backhanded way.

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מקום פסידה

Place of financial loss, where you can break a derabanan law in a backhanded way.

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מקום מצוה; כבוד הבריות

Place of Mitzvah, where you can break a derabanan law in a backhanded way; pride

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ברכה אחד מאין שלוש

All Hamechiya (Shorter blessing) - for the shivat haminim

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בוראי נפשות

Bracha Achrona made for all other foods that arent bread of the 7 foods of Israel. (bread = hamotzei)

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מינהג נביעם (understand yisod Neviim)

Minhag Nevi’im (custom of the prophets) or Takana (rabbinic rule by the prophets).

Q: Why don’t we say a bracha on Arava?

A: Because Hashem didn’t command it in the Torah.

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חלב ישראל

Milk produced by a Jew. Rav Moshe Fienstein says its ok as long as FDA or a reliable source guaranties its from a cow. Rashi says its an intermarriage problem. Milk from non-Jews is called Chalav Akum

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בישול אכום

Food cooked by a non-Jew, not allowed. BUT, have to be respectful! (Kavod Briot). A however, a Jew just needs to be involved by cooking process somewhat for it to count as okay. (even just turning on stove) If its raw it doesnt count needs to be cooked foods. (fruit) Again- Preventing non-Marriage (Rashi)

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אין גוזרין גזרות על הציבור

You cant decree a decree on a ccommunitee that can not with hold it

If the people dont follow the Halcha dont bother making the decree

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נותן טעם

Molecules staying on our dish and utensils. This is why we use separate silver for milk and meat. Not cancelled because it is too significant.

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שור תם

innocent animal. 50% responsiblle

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שור מואד

100% liable because it has a history (3x).

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חולחין

means split in doubt (simchus). Chachamim say that you need evidence to prove something (Hamotzei Mechavaro Alav Haraya).

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!!סברה הוא

It is logical! Sevara creates a law (sevara makes Halcha, include this is big questions in how halacha is made)

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יהרג ואל יעבור

These are the 3 cardinal sins that may never be violated.

Murder, Adultery, and Idolatry.

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קודש הילולים להשם

Holy- Praise Hashem!

Tried to be used as source for making Brachot.

In the end it is the source for desanctification of food you made. (only in Israel- trade with Cohenim IF they sang in Biet Hamikdash about it)

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חילול

means ‘desanctification’- of food you grew. (only applies in Israel- trade with Cohenim IF they sang in Biet Hamikdash about it)

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מאילה

Stealing from Hashem. If you dont desanctify then you are stealing.

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מרי מר אסיק

Gangster who is a central figure in Bava Metzia story. Because he was intimidating witnesses, Hamotzei Mechaveiro is overturned and MBA needs to prove that Murray WASN’T his brother.

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רב חסדב

Rabbi who overturned Hamotzei Mechaveiro in Bava Metzia

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פרוזבול

A legal document instituted by Hillel to override the cancellation of loans in Shmita so people would still give out loans. (Deorieta)

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שמיתה

a rule that every 7 years the land should rest and all loans should be forgiven. (Abaye says that this is derebannan)- henceforth why it is okay that Hillel did a Pruzbol- he overrode a Derebbanan to uphold a Deoreita.

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שביעית בזמן הזה

“The seventh year in this time” Shmita nowadays is just derabbanan.

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א אין לדיין אלא מה שעינו רואות

“a Judge has only what his eyes can see” A judge should make decisions on what is in front of him and what is happening in todays world.

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רב יוסף קרא

He looks back to the Rambam Riff and the Rash to find consensus on rulings and he writes the Shulchan Aruch

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רב משה איסרליס

He made two codes of Halacka called the Darchei Moshe and the Mapa based off of current rulings and minhagim

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הלכה כבתראי

‘The halacka is like the later ones’- The latest generation… As opposed to the past generations.

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How much does an owner have to pay if his שור תם causes damage?

owner has to pay 50% of damages

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How much does an owner have to pay if his שור מואד causes damages?

100%

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Under what circumstances can you violate a Deoreita law?

Pikuach Nefesh.

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What are the 3 יהרג ואל יעבור Laws?

  1. Murder

  2. Idolatry

  3. Adultery

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Do you always have to make a Bracha Achrona after eating?

No! Only if you ate more than Kazayit.

שבעת המינים: אל המכיה (7 tribes)

bread: המוצי

Everything else: בוריי נפשות

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Does one always have to make a Bracha Rishona before eating?

Yes- it is Hashem’s food and you must acknowledge before eating.

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Why are we allowed to drink milk that was made by a non-Jew?

Because the halachic problem was about if a non-Jew would put a different kind of milk instead of cows milk- say pigs milk (not kosher)… However, R’ Moshe Feinstein rules that with a good government they regulate this. (FDA)

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What is the reason for prohibition of Bishul Acum?

  • Food made by a ‘non-Jew’ leads to intermarrriage and intimacy.

  • They dont know Kashrut

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What are the leniencies to Bishul Akum

  • If a Jew turns on the stove (or is apart in a significant way)

  • if the fruit is raw (salad)

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Why can’t I eat something that was cooked in a non-kosher pot if all ingredients are kosher?

The Non-Kosher stuff is transferred and is too direct. Noten Ta’am

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Do you say a bracha on a mitzvah that is minhag?

No. You cannot bless on H’s name without a commandment. (you can if it is derebbanan)