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Questions tagged [derabanan]

Questions connected to laws that were instituted by the Rabbis (not Biblical).

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Why are there no “deRabanan regulations” on the Ben Sorer uMoreh Mitzvah?

This is the first question in a series on Ben SU"M. Let me recap on this Mitzvah (Rambam Mamrim 7): A 13 to 13 and 3 months old boy that disobeys his father and mother in a very specific way of ...
2
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2answers
145 views

Have there been instances were decisions in the Sanhedrin or Rabbinical decisions concerning Jewish practice have been reversed upon later review?

I was curious if there were examples or instances where one generation of Rabbis established an interpretation of the law which were followed accordingly, only to have another generation reverse the ...
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2answers
60 views

Why should a הערמה be allowed and what are the guidelines for its use?

Gemoro Shabbos 139b speaks about cases of הערמה translated below as “artifice” or maybe “cheating”. The scholars said to R. Ashi: See, sir, a Rabbinical disciple. whose name is R. Huna b. Hiwan — ...
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1answer
24 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 ...
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129 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 ...
2
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1answer
74 views

Did Avraham Avinu daven all the tefilos or just Shacharis?

We learn (Brachot 26b): תניא כוותיה דרבי יוסי בר' חנינא אברהם תקן תפלת שחרית שנא' וישכם אברהם בבקר אל המקום אשר עמד שם ... יצחק תקן תפלת מנחה שנאמר ויצא יצחק לשוח בשדה לפנות ערב ואין שיחה אלא תפלה ....
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2answers
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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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50 views

Terumoth and Maasroth in Babylon

The Ohr Zarua (328) attempted to justify the prevalent leniency regarding the consumption of chodosh (new grain) in Europe by suggesting two novel arguments: that Europe must have had a tradition to ...
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40 views

Sources for contemporary applications of משום איבה

My answer to Eating with non jews gives an example of a prohibition to prevent intermarriage and the use of the concept of משום איבה to relax the prohibition. More generally, on the one hand, ...
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53 views

Shvus dshvus dshvus

I've heard that shvus dshvus dshvus (like asking a non jew to do a melacha (EDIT- drabbanun) with a shinui is permissible. Is that only bidieved or lichatchilah as well? Also is it a machlokes? ...
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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 ...
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2answers
136 views

What is considered “a case of need” when it comes to violating a double rabbinic prohibition?

A shvus dshvus (rabbinic prohibition on top of a rabbinic prohibition) is allowed במקום צורך (in a case of need). But what is considered במקום צורך? And is a shvus dshvus allowed for anything besides ...
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1answer
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Why do we recite “v'tzivanu” in mitzvos which come from the Rabbis? [duplicate]

'בָּרוּךְ אַתָּה ה' אֱלֹקֵינוּ מֶלֶךְ הָעוֹלָם, אֲשֶׁר קִדְּשָׁנוּ בְּמִצְוֹתָיו וְצִוָּנוּ וגו Blessed are You, L-rd our G-d, King of the universe, who sanctified us with His commandments and ...
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1answer
118 views

At what point are people responsible to keep a new Rabbinic holiday?

When a new Rabbinic holiday is instituted, such as Chanukah, it naturally took time for Jewish people in far away lands to learn of the new holiday, it's rules and mitzvot. It may also have taken time ...
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1answer
113 views

If a Jew violates a Rabbinically established “fence” on a law, is that the same as sinning against Hashem?

This question is in no way a challenge to Rabbinical authority. This question has more to do with the philosophy of sin and how Hashem holds us accountable for our actions. If you commit an act ...
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1answer
76 views

what is “מְזִיגַת הַכּוֹס” (“pouring a drink”)

what is "mezigas hakos" ("pouring a drink/cup") does it mean?: any drink or only wine or only pouring water in the wine sources please (specifically in these cases: Issurei-Biah-21-5 ...
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What's the heter to ask a non jew to fix a sukkah on yom tov

The Mishnah Berurah 637:1 says its forbidden to build a sukkah on yom tov or to fix the schach if it fell off. However, through a non jew יש להתיר, he says it's permissible. Im curious what is the ...
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4answers
390 views

What is the difference between a takana and a gezera?

What is the difference between a takana and a gezera in both definition and application?
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1answer
99 views

Is there a prohibition on eating meat and poultry together?

Although I knew about the prohibition of eating fish and meat together, and also about the quite serious restrictions in my community on eating dairy and fish together, I had never heard that we are ...
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Why is Tisha b'Av stricter than other mitzvos with regard to rabbinical prohibitions for a choleh?

Why is Tisha b'Av apparently stricter than other mitzvos--including Shabbos--with regards to rabbinical prohibitions for a choleh? On Shabbos, one who is in a state of choleh kol gufo (debilitating ...
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1answer
83 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 ...
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48 views

Brachos l'vatala and repeating (all or part of) the Amidah [duplicate]

If saying a superfluous Amidah results in brachos l'vatala, as suggested here ("However if one is davening after 1/2 hour after Chatzos he isn’t Yotzei and his Brachos are L’vatalah. See Biur Halacha ...
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1answer
84 views

Music on Shabbos

The Gemara in Eiruvin 104a quotes a dispute regarding whether one may make music on Shabbos: Rav Menashe is stringent and forbids any production of sound, while Rava is relatively lenient and only ...
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1answer
111 views

The Number of Rabbinic Mitzvot

Of all of the different mitzvot that the sages instituted, there are seven in particular that get singled out. They are known as the seven rabbinic mitzvot, and are so delineated from the others ...
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141 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 ...
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2answers
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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 ...
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1answer
120 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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1answer
141 views

Why do women wash before family purity bedika on Yom Kippur?

Rechitza--washing/bathing--is, it seems, Biblically prohibited on Yom Kippur. And yet I learned that a married woman who is due to make a bedikah--the twice-daily inspection for blood during niddah, ...
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0answers
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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 ...
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1answer
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What is a shevut d'shevut, and why is it permitted?

I understand there is a notion called shevut d'shevut (and the related gezeira l'gezeira), whereby, in some cases, one may violate a rabbinic prohibition if and only if this is achieved through ...
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1answer
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WHAT IS THE LOGIC?

The gezaira of Raba is that when Purim Sukkos or Rosh hashana fall out on shabbos. we do not blow shofar or shake lulav or read the meggila. Why? Because we are worried that he may not know what to ...
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2answers
175 views

Why do the seder on shabbos?

When Purim that falls out on shabbos we do not read the Meggila. When Rosh hashana falls out on shabbos we dont blow shofar. When Succos is on shabbos we dont shake lulav. Why? because of Takana ...
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1answer
75 views

Does the command to heed the sanhedrin apply today?

In the times of the Sanhedrin (High Court in Temple times) there was a commandment to heed their words (Deut. 17:11). According to the law which they shall teach you, and according to the judgment ...
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0answers
77 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 ...
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2answers
65 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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485 views

How do I repeal rabbinic laws? Who to contact? What is the process? [closed]

How do I repeal rabbinic laws? Who to contact? What is the process? Please give me specific names and direct contact information. I need real decision makers who can really change the laws. Online or ...
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2answers
179 views

Are Magna-Tiles allowed on Shabbat?

There is a Rabbinic prohibition on constructing a temporary canopy (ohel arai; see e.g. Shabbath 137b) a tefach or greater with walls that are also a tefach or greater. Considering that this is often/...
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0answers
51 views

How does a chiyuv due to chinuch work? [closed]

We frequently see statements in halacha like "the minor's obligation to do the mitzva is only rabbinically imposed (mid'rabanan), because it's only because of chinuch (=the obligation to educate one's ...
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2answers
195 views

Is it Halachically permissible to use tefillin peshutim if one cannot afford better tefillin?

I would like to buy my first Tefillin. I was raised in a semi-secular household, and thus do not own a pair of my own. However, being a student, I am tight with my money. I understand that there is ...
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3answers
487 views

What is the basis that allows Rabbis to create laws?

I understand that the Torah gives instructions to obey Judges for legal cases and questions, but what is the basis that Rabbis have for creating new laws, such as for celebrating Chanukah with a ...
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1answer
95 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.
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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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182 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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81 views

Is lighting a new flame on Yom Tov a Biblical or Rabbinic prohibition? [duplicate]

Is lighting a completely new fire on Yom Tov a Biblical or a Rabbinic prohibition? Please cite your sources.
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0answers
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Should driving be permitted on Yom Tov for a choleh she-ein bo sakanah?

Since hav'arah (i.e. sparking a new fire) is only de-rabbanan on yom tov (according to some opinions), should there be more halakhic leeway for driving to obtain medical care on a holiday (not on ...
3
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2answers
81 views

Source for Rabbis being able to say not to do a Deoriata

What is the source for Rabbis being able to say that one is not allowed to do a mitzvah deorita? Examples that come to mind are blowing shofar on Rosh Hashana on Shabbat, lulav on Sukkot (at least ...
3
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1answer
101 views

Queen Heleni was married to her brother--but I thought she kept all the derabanans

According to Wikipedia, Heleni HaMalkah was married to her brother. Since she was a convert to Judaism, on a Torah level, her familial relationships were severed. However, as far as I know, there is ...
3
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3answers
139 views

What does Exodus 21:28 mean if an Oral Torah was given at Sinai?

One of the claims Rabbinic Judaism makes is that Oral Torah contains instructions for how to "properly slaughter" animals. The laws of shechitah are not in the Written Torah, yet one of the proofs for ...
2
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0answers
36 views

Shinui and Shemittah: Is there such a thing?

I don't remember the exact words used in the pesukim to describe shemittah, but I do remember that it uses a very similar lashon to shemirat Shabbat. As in, it is forbidden to work the land because of ...
2
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1answer
102 views

Explanation of Mishna in Shabbat

The Mishna in Shabbat (1: 7) states that: בֵּית שַׁמַּאי אוֹמְרִים, אֵין מוֹכְרִין לַנָּכְרִי וְאֵין טוֹעֲנִין עִמּוֹ וְאֵין מַגְבִּיהִין עָלָיו, אֶלָּא כְּדֵי שֶׁיַּגִּיעַ לְמָקוֹם קָרוֹב. וּבֵית ...