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Questions tagged [deorayta]

Questions regarding biblical law.

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1answer
26 views

If one is in doubt whether they had already recited maariv should they say the blessings of shema with the shema or not?

one reason one might not do so is that the blessings of shema were instituted by the rabbis and with a safek d'rabanin one is often linient against a safek d'orysa (bracha levatala) one reason one ...
12
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2answers
137 views

In the Talmud is there a way to distinguish when a verse is brought as מקור or אסמכתא?

The Talmud is full of the standard procedure of the Sages interpreting Tanakh verses to learn various laws and behaviors. Is there a way to tell when a Rabbi cites a Pasuk as a traditionally known ...
1
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2answers
90 views

Is Mikvah a rabbinical law or Torah law?

Many Jewish Laws today require Mikvah, such as Shabbat, YomKippur, Nidah, Conversion etc. Is Mikvah a rabbinical law or Torah law? From the Torah, we don't see the above law, however, today, it is ...
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0answers
19 views

The cutoff for eating חדש was delayed after the בית המקדש; what about the cutoff for its taking root?

We used to bring a flour-offering called the "omer" on the sixteenth of Nisan. The halacha, as practiced when we had a bes hamikdash, is that any grain that took root after the omer is brought one ...
2
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1answer
53 views

The prohibition of eating the Korban Pesach uncooked/boiled and the definition of Issur DiOraysa

The Sefer HaChinuch writes regarding the prohibition of eating the Korban Pesach uncooked and/or boiled the following (Mitzva 7) (Partial Quote) (Source from Sefaria.org) ענין הזה, שלא יאכל אותו ...
0
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1answer
87 views

Pirkei Avot 2:1 - What does “major” vs. “minor” mean in terms of Rabbinical vs. Torah mitzvot?

Follow up to this M.Y. question. In summary, Pirkei Avot says that we should not compare "major" vs. "minor" mitzvoth for we don't know the reward given to mitzvoth. Frequently, we actually DO ...
2
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2answers
101 views

Holding like the majority opinion for a d'oraita?

In cases where there is a discussion among the Rishonim/Acharonim as to whether something is forbidden from the Torah (d'oraita), is it acceptable to go in accordance with those that deem it ...
2
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0answers
152 views

Halachic status of divrei sofrim

As this answer explains, "divrei sofrim" refers to a category of halachos instituted by rabbis, but understood as having a Divine imprimatur because prophets were involved in their legislation. They ...
7
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2answers
292 views

Is the Oral Law from Sinai considered d'oraisa or d'rabbanan?

Are halachos that were received at Sinai (or in the desert shortly after) but not recorded in Tanach--such as the method for kosher slaughter alluded to in Deuteronomy 12:21--considered rabbinical or ...
3
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1answer
132 views

Does the Torah Address the Issue of Circumcision on the Sabbath?

Question - a Reference Request from Scripture: Does the written Torah, (or Scripture), ever address the issue of Circumcision on the Sabbath? Does Scripture indicate whether Sabbath Restrictions ...
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0answers
29 views

Interrupting a rabbinical mitzvah to perform a Biblical mitzvah [duplicate]

In general, one does not interrupt a mitzvah (with the exception of Torah study) in order to do another mitzvah. However, this answer, in its citation of the Ran, alludes to some complications of this ...
2
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0answers
80 views

Machlokes Deoraisa vs Muttar - non-Jew vs Jew

If one Rav paskens somemthing is Asur Deoraisa and another Paskens totaly mutar, beshas hadechak is it better to get a non jew to do it or a jew whose rav holds its muttar? For example, if a certain ...
3
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2answers
68 views

Relative status of biblical and rabbinic transgressions

In the opening chapter of Sefer Tanya, the rebbe notes that failure to perform a positive biblical commandment is worse than performing a rabbinic transgression. In his words: “Even one who ...
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1answer
71 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?
6
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2answers
104 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 ...
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1answer
98 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
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0answers
52 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?
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0answers
185 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 ...
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2answers
150 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 (and ...
4
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1answer
92 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 שבח ...
4
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3answers
208 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
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1answer
58 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
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1answer
135 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?
6
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1answer
221 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 le'...
2
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2answers
142 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 ...
4
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1answer
106 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
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4answers
152 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.
8
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0answers
548 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
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1answer
465 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 ...