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The Rashba (Toras HaBayis, Bayis 4, Shaar 1, 11b. Also in his chiddushim on kiddushin 73a d"h mamzer vaday) says it's a Torah principle. The Ran (Kiddushin 15b according to the Rif pages) also holds it's a Torah principle. The Rambam (Perek 12 in hilchos tumas hames, halacha 12) holds it's a principle from the Rabbis. The Pri Chadash (Klalei sfek sfeka, ...


2

There is a dispute as to whether beracha me'ein shalosh (al hamichiya etc.) is rabbinic or Biblical. Some Rishonim, for example the Rashba, hold it is Biblical, while others, for example the Rambam, hold it is Rabbinic. So there is a halachic safek about the existence of a Biblical requirement to make a beracha acharona of me'ein shalosh. The Magen ...



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