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Understanding how halacha & mitzvot are derived

Since this isn't getting a lot of traction maybe I should approach the question differently. I know that mitzvot can be divided into two basic categories, d'rabbanan and d'oriata. Of the mitzvot ...
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79 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 ...
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46 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 ...
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124 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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42 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 ...
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1answer
89 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?
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72 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
93 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 ...
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1answer
45 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?
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2answers
70 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
265 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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335 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 ...