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2
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0answers
43 views

Understanding how halacha & mitzvot are derived

Halacha and mitzvot have many sources and I could use some help breaking this down. At a high level we have biblical commandments and rabbinic commandments. We have 613 biblical mitzvot, there are ...
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1answer
73 views

Are We Biblically Commanded to Study the Oral Law According to Maimonides?

Rambam writes in Hil. Talmud Torah (1:7) that one must pay to teach his son the entire written Torah. וְחַיָּב לְלַמְּדוֹ בְּשָׂכָר עַד שֶׁיִּקְרָא תּוֹרָה שֶׁבִּכְתָב כֻּלָּהּ Kessef Mishna ...
4
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1answer
42 views

Where did the Rambam get his Biblical structure of prayer?

The Rambam in Hilchos Tefilah 1:1-3 describes the Biblical mitzvah of prayer. In Halacha 2 he writes: ומגיד שבחו של הקדוש ברוך הוא, ואחר כך שואל צרכיו שהוא צריך להן בבקשה ובתחינה, ואחר כך נותן ...
3
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3answers
110 views

Torah Study Of Rabbinic Laws

Does one fulfill the Biblical precept to study Torah while studying Rabbinic precepts? R. Mordechai of Vilna writes that one does not. Are there disputants? Please answer with exact sources or ...
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1answer
36 views

Does anyone hold that you could be “masneh al mah shekasuv baTorah” in all cases?

The gemara on Bava Metzia 94a brings a discussion about "מתנה על מה שכתוב בתורה," about someone who makes a condition that is contrary to something that is written in the Torah. דתניא האומר לאשה ...
7
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1answer
80 views

Pikuach Nefesh and different levels of Halacha

Here's a theoretical: if someone has to save a life and has two equally easy options, both of which violate halacha, one d'oraita and one d'rabbanan. Should he choose the d'oraita or the d'rabbanan?
4
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1answer
52 views

Safek De'Oraysa Le'Chumra

The classic example of safek de'oraysa le'chumra is when there is an agreement that a de'oraysa exists but there is a debate as to which cases constitute the de'oraysa. In such a debate we paskin ...
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2answers
91 views

Is Ketubah a biblical obligation accd to Rambam?

The Rambam, before starting Hilchos Ishus writes הלכות אישות. יש בכללן ארבע מצות, שתי מצות עשה, ושתי מצות לא תעשה. וזה הוא פרטן:‏ .א: לישא אשה בכתובה וקידושין Does the Rambam hold that ...
3
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1answer
39 views

Halachic categorization of safek dioraisa…

Is the dictum of safek dioraisa l'chumrah (and its inverse safek d'rabanan l'kulah) a principle from the Torah, or a din d'rabanan? How does this change how we react in these sefeikah situations?
3
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2answers
66 views

Biblical versus rabbinic transgressions

Does the distinction between biblical versus rabbinic transgressions have implications or consequences today? In the past, the punishment for them was different I believe.
4
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0answers
227 views

To what extent is homosexuality forbidden among non-Jews?

All homosexual behavior is forbidden among Jews, but some actions are clearly Torah prohibitions (e.g. mishkav zachar), while some might be Rabbinic in nature (e.g. lesbian relations). Are all of ...
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1answer
319 views

Why does the “Dorff teshuva” of the Conservative movement say that homosexual relations are a *rabbinic* prohibition?

In a teshuva issued by the Conservative Movement entitled Rituals and Documents of Marriage and Divorce for Same-Sex Couples by Rabbis Elliot Dorff, Daniel Nevins and Avram Reisner, it is claimed in a ...