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-3
votes
1answer
31 views

if we have safek dioraisa l'chumrah, why do we need safek d'rabanan l'kulah? [closed]

If we already know safek dioraisa l'chumrah, why do we need safek d'rabanan l'kulah?
4
votes
2answers
41 views

Does the use Rabbi Yishmael's principles retain the de'oraiso character of the original statement?

If we use one of Rabbi Yishmael's 13 principles of interpreting the Torah to learn from a Torah law (de'oraiso), does the inferred law also have the status of a de'oraiso? (Related: Where can I find ...
0
votes
1answer
64 views

Are nedarim considered Biblical or Rabbinic laws?

If you make a neder (a personal vow), is following it considered a matter of Biblical (d'oraysa) or Rabbinical (d'rabbanan) law? Please bring sources.
3
votes
0answers
44 views

Is the concept of Safek D'oraisa l'chumra relevant when dealing with a machlokes d'oraisa / d'rabbanan? [duplicate]

There are cases where Rishonim disagree as to whether a particular law is from the Torah or a Rabbinical decree. In such cases, must one be strict due to the possible violation of a Torah prohibition? ...
1
vote
0answers
149 views

Are there Published Legal Defenses Resolving Objections Against Rabbinic Authority?

Are there Rabbinic "apologetic or polemic works" that focus only on the rational validity, and logical objections raised by other Jews1 -- against: (1.) the Rabbinate's authority in Judaism over other ...
1
vote
0answers
103 views

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 ...
0
votes
1answer
87 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
votes
1answer
48 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
votes
3answers
134 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 ...
0
votes
1answer
44 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
votes
1answer
95 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
votes
1answer
109 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 ...
2
votes
2answers
99 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
votes
1answer
51 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?
4
votes
4answers
97 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
votes
0answers
309 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 ...
1
vote
1answer
361 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 ...