Questions tagged [deorayta]

Questions regarding biblical law.

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613 Mitzvot corresponding to the 248 and 365 body parts [duplicate]

Where can I find a chart or list in English of each mitzvah and which body part the mitzvah corresponds to including bones and organs?
Jonathan Eshaghian's user avatar
1 vote
1 answer
86 views

Why doesn't the Gemera bring 3 more proofs for if צער בעלי חיים is Biblical or Rabbinical?

The Gemera in Bava Metzia 32a-33a has the famous dispute about if צער בעלי חיים is a Biblical or Rabbinic prohibition, and both sides brings proofs one way and the other. My question is, we don't find ...
Avishai Tebeka's user avatar
2 votes
3 answers
234 views

Morning Netilat Yadayim - Rabbinic or Biblical?

Though there's a reference for morning netilat yadayim within the Zohar, is it a rabbinic decree, or a Torah based mitzwot for ALL Yisrael outside of the kohenim?
Mikayah Yisrael's user avatar
2 votes
1 answer
386 views

Why do we check clothing for Shaatnez - isn't it a מיעוט (שאנו מצוי)?

Is it really necessary to check clothing for Shaatnez (the biblically forbidden admixture of wool and linen)? In all my years of shopping (in Jewish and non-Jewish stores, US and worldwide) I have ...
Yoreinu's user avatar
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2 votes
1 answer
117 views

How much beer/whisky would one have to consume to be chayav m’doaraisa?

How much beer/whisky would one have to consume to be chayav m’doaraisa? Also why biblically is there a prohibition on liquid chometz if it’s in the form of a liquid and not leavened bread? We know by ...
David Feigen's user avatar
3 votes
0 answers
55 views

Is it preferable to learn torah related to biblical obligations over learning torah related to rabbinic obligations?

If all things are equal is there any reason to give preference to studying torah about a biblical obligation over studying torah about a rabbinic obligation? In general we give precedence to biblical ...
rikitikitembo's user avatar
2 votes
0 answers
77 views

List of all the times the principle of "svara" is used in Shas

There's a principle of "svara" in Shas, which exists on a d'oraisa level (see this related question). A few examples of svaras: 1) המוציא מחברו עליו הראיה - "the burden of proof rests upon the ...
alicht's user avatar
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1 vote
1 answer
70 views

Which (non get/kiddushin) shtaros exist on a d'oraisa level?

Besides a get (written explicitly in the Torah Deuteronomy 24:1) & a shtar kiddushin (learned from a get via a hekesh Kiddushin 5a)- are there other shtaros that exist on a d'oraisa level, and if ...
alicht's user avatar
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2 votes
1 answer
103 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 ...
Dude's user avatar
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11 votes
2 answers
304 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 ...
Al Berko's user avatar
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1 vote
2 answers
997 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 ...
Questions's user avatar
1 vote
0 answers
26 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 ...
msh210's user avatar
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2 votes
1 answer
94 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 קדם ...
TrustMeI'mARabbi's user avatar
0 votes
1 answer
122 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 ...
DanF's user avatar
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2 votes
2 answers
170 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 ...
Fei23's user avatar
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6 votes
5 answers
2k views

Is a bathtub a good mikvah on a Biblical level?

The Torah requires a mikvah to be used for specific cases of tumah. I heard in a lecture that there is one opinion who thinks that it is good even halachikly, but I don't know the reason for that. ...
Emet v'Shalom's user avatar
2 votes
0 answers
477 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 ...
SAH's user avatar
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8 votes
2 answers
803 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 ...
SAH's user avatar
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3 votes
1 answer
258 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 ...
elika kohen's user avatar
2 votes
0 answers
39 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 ...
SAH's user avatar
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2 votes
1 answer
150 views

Machlokes Deoraisa vs Muttar - non-Jew vs Jew

If one rav paskens something is Asur Deoraisa and another Paskens totally 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 ...
SE is Evil - Support Monica's user avatar
3 votes
2 answers
90 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 ...
Shimon bM's user avatar
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-2 votes
1 answer
144 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?
Diddy's user avatar
  • 11
6 votes
2 answers
143 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 ...
Avrohom Yitzchok's user avatar
7 votes
2 answers
454 views

Is reciting Shema a mitzva d'oraisa?

The first paragraph of the Shema (itself from the Torah) includes the instruction to say the Shema twice daily "when we lie down and when we arise." This would seem to indicate that the recitation of ...
Yehuda W's user avatar
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0 votes
1 answer
110 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.
SAH's user avatar
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3 votes
0 answers
69 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?
jj2's user avatar
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2 votes
0 answers
227 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 ...
elika kohen's user avatar
1 vote
2 answers
227 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 ...
mevaqesh's user avatar
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4 votes
1 answer
136 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 ...
Y     e     z's user avatar
6 votes
3 answers
311 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 ...
mevaqesh's user avatar
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1 vote
1 answer
82 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 ...
MTL's user avatar
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8 votes
1 answer
177 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?
Noach MiFrankfurt's user avatar
6 votes
1 answer
542 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'...
Gavriel's user avatar
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2 votes
2 answers
173 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 ...
Bochur613's user avatar
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4 votes
1 answer
225 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?
Eilu V'Eilu's user avatar
4 votes
4 answers
256 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.
ast's user avatar
  • 173
10 votes
1 answer
1k 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 ...
user avatar
2 votes
1 answer
688 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 ...
Daniel's user avatar
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