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7

The Talmud addresses this issue in Bava Kamma 41a: ת"ר ממשמע שנאמר (שמות כא, כח) סקל יסקל השור איני יודע שנבילה היא ונבילה אסורה באכילה מה ת"ל לא יאכל את בשרו מגיד לך הכתוב שאם שחטו לאחר שנגמר דינו אסור באכילה From the fact that it says "the bull shall be stoned" do I not know that it is neveilah (unslaughtered), and neveilah is forbidden to eat? ...


7

Orthodox Jews live their lives based on rules explained/instituted by great Rabbis many years ago. Throughout the generations many learned people have continued to interpret and apply those laws. While in theory anyone could say anything they want today, people would only listen if you are learned, serious and respect precedent. While nowadays there is no ...


7

As far as I know there are currently no rabbis who are actively involved in legislating rabbinc-level laws. Those laws were set in stone centuries ago. As DoubleAA mentioned in the comments on your question, rabbinic laws could theoretically be repealed by a court under certain circumstances; however, there is not currently a court as great as the Sanhedrin ...


5

THIS JUST IN: According to Orchos Shabbos chapter 9 siff 13, one must warn their chinuch aged child not to use building blocks such as Lego or the like to build a house or anything which has an Ohel of a tefach by a tefach if they are going to be using the space inside of it. And if they make this edifice it is not allowed to dismantle it. This is after ...


4

I think the wording was imprecise vis-a-vis "amendments." There are the original laws of the Torah, which can never be violated. If the Torah says "thou shalt not", that means "thou shalt not", no matter what! Later laws can be added in the form of new prohibitions or obligations, but they have lesser standing than the original laws of the Torah. For ...


4

This is answered directly by Rambam in his introduction to the Mishna Torah. This authority to make new laws was taught directly by Moshe Rabbeinu as cited below from Deuteronomy 17:11. "The mitzvot given to Moses at Mount Sinai were all given together with their explanations, as implied by [Exodus 24:12]: "And I will give you the tablets of stone, the ...


4

The comments, above, approach the correct analysis. This question is discussed in detail in Talmud Shabbat 23a, near the middle of the page (as seen in the Sefaria site). There is a statement that says that one makes the blessing "Who has sanctified us with His commandments and commanded us to light the Chanukah light." It is a given that Chanukah, ...


4

It depends on the circumstances. Obviously, n'darim in general are a matter of biblical law: they're mentioned in the Tora. Yad, N'darim 1:4. On the other hand, some rules were established by the rabbis as safeguards against violating biblical laws of n'darim. Ibid., :27.


3

There are two issues at play here. First is whether the tfilin are kosher now. Second is how they will keep over time. On the second, it is clear that pshutim don't hold very well over time and for sure not as well as gassot which can last dozens of years when well maintained. On the first issue, whether pshutim are kosher at the moment you buy depends who ...


3

While the talmudic passage quoted above is certainly relevant in this case, I don't think that it is necessary to even resort to such a source in this case. According to it's own interpretive methodology, the question was flawed from the beginning. The question was why the pasuq in Shemoth 21:28 needed to state "wa-lo ye'okhel eth besaro - and its meat ...


3

According to the answer at Frumtoronto.com Rabbi A Bartfeld quoting Rabbi Shlomo Miller compares it to Lego and says that it is permitted.


3

For your first question about needing to be told that the bull cannot be eaten, see this answer. Your other question is asks why we care about ownership; we care because there are uses for the carcass besides food. An animal that you can't eat, but are allowed to benefit from, can be sold to non-Jews. Non-Jews have no prohibition against eating it. They ...


3

Shokhet cites Sh'miras Shabas K'hilchasah as saying that, to save a life on Shabas, if there is no difference in speed or quality of care, that one should choose to do a rabbinically prohibited action, instead of one that is Biblically prohibited. (Note the "if there is no difference". Otherwise, saving a life takes priority.) Note that, as Daniel ...


3

The Lechem Mishna to the Rambam Hilchos Melachim 10:9 says that the fact that a non-Jew is not allowed to keep Shabbos or learn Torah is, in fact, a Rabbinic prohibition. So according to that, there are in fact Rabbinic enactments that apply to non-Jews, but perhaps it is only, like those two, where specified.


3

A "Gezere" never makes a leniency, it only has the power to tighten the borders of a commendment. Best examples are at Shabbos, e.g. according to the Torah, one may tear a cloth in Shabbos if he/she doesn't have in mind to sew it back, better than it was before (דרך קולקל). It's the Rabanan that prohibited it. The concept of Gezere, is derived from the ...


2

The links you provide have to do with giving up one's life to prevent committing a sin. I'll answer according to your question on rabbinical violations that carry a death penalty. There is a baraita found throughout the Talmud (such as Ber. 4b) which states: וכל העובר על דברי חכמים חייב מיתה Anyone who transgresses the pronouncements of the Sages ...


2

Besides for all the other good answers, there's another issue, mentioned by the Ramban in וָאֶתְחַנַּן - Devarim 4:2 on the Passuk forbidding one to add or subtract Mitzvoth - לֹא תֹסִפוּ עַל הַדָּבָר אֲשֶׁר אָנֹכִי מְצַוֶּה אֶתְכֶם וְלֹא תִגְרְעוּ מִמֶּנּוּ When discussing how to deal with Rabbinical additions, the Ramban states: ומה שתקנו חכמים משום ...


2

To add to Michael Bloch's important points regarding purchasing t'fillin from a reliable seller and borrowing t'fillin for use in the meanwhile: I'd advise you to CYLOR, but it seems from the Mishna B'rura (32:172) and his extended discussion in Bei'ur Halacha on 32:38 (s.v.v. "יעשה" and "מעור אחד") that one can rely on the lenient opinions regarding ...


2

This authortiy only exists in legislating gezeiros, ie laws legislated to protect the accidental violation of a deOraisa whether through error or habit. (And, the Taz adds, if the mitzvah will still usually be performed.) Such as not blowing shofar when Rosh haShanah is on Shabbos so as to avoid the possibility that someone caught up in finding someone to ...


2

In all the examples in your question, Tosafot points to the Gemara in Yavomat 89b which brings various examples and counter examples. But at no point does the Gemara seem to bring a Pasuk to support the concept. 2 conclusions of that Gemara - and an answer to your question: Their power comes - in monetary issues - from the ability of Beth Din to disown ...


1

When she's mentioned in M. Sukka, her husband is NOT. B"SD I think he was not alive during that incident recorded there (especially when they are discussing matters of education & her husband is not at all addressed).



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