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There are times in the Gemara that laws are derived from Psukim in Nach. They are called "Divrei Kabbalah".

What status do they have (are they considered like Torah Laws or like Rabbinic laws).

For example, when in doubt, can one be lenient (like Rabbinic laws) or must one be stringent (like Torah laws)?

  • @DoubleAA Mimtzo Cheftzecha and Davar Davar – Shmuel Brin May 1 '12 at 18:12
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    Isn't it called divre sof'rim? – msh210 May 1 '12 at 18:24
  • @msh210 Divrei Sofrim is a-whole-nother mess of unclarity. I have been thinking of asking that myself recently. – Double AA May 1 '12 at 18:27
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    @msh210 See Rambam Ishut 1:2 but also the Koteret to Hilchot Eiruvin (just to show that it isn't at all clear what's going on here). – Double AA May 1 '12 at 18:29
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    I didn't say there weren't answers (and there are others who argue on that and give different suggestions). I was just pointing out that what @msh210 suggested seems to be a separate discussion from your issue of divrei kabbalah. – Double AA May 1 '12 at 18:35
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Unsurprisingly, it is a machlokes--the Turei Even in Megillah (5a, 5b, 19b) holds that we treat it like a de'oraisa, and there is some support for his view in the Meiri (19b)--but since following his principle answers questions of rishonim like Tosfos and the Ran, apparently they did not think it was true. [Unless you say that they agree to the principle, but disagree about the application to reading megillah--a machlokes of its own.] A number of other acharonim agree with the "Turei Even's principle," see, e.g., Taz, orach chaim 687:2, Avnei Nezer, orach chaim 516:21.

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