Questions tagged [derabanan]

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

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22
votes
5answers
2k views

Halachic Restrictions not in the Torah, and “shall not add”

How can halachic restrictions that are not in the Torah be reconciled with the Deuteronomy 4:2 passage, which says, "Ye shall not add unto the word which I command you, neither shall ye diminish from ...
15
votes
2answers
2k views

What is Maris Ayin?

What is the precise definition of Maris Ayin, and to what cases does it apply? (i.e. what are the parameters for applying it)
18
votes
3answers
773 views

When do rabbinic enactments apply if the given reason no longer does?

Often we find gezeiros d'rabbanan designed as preventative measures against more serious transgressions. However, if nowadays the reasoning behind the gezeira does not apply, it seems that sometimes ...
7
votes
2answers
339 views

Who Commanded Us, and For What?

Whenever a Jew performs an activity that is mandated by the Torah, s/he recites the blessing that acknowledges God, "אשר קדשנו במצוותיו" (who sanctified us with his commandments), and who commanded us ...
14
votes
1answer
539 views

Why don't Rabbinic fasts end by Ben Hashmashot?

There's a doubt in the Gemara when the new day starts, at sunset or at three stars (Ok, and there's Rabbi Yossi's opinion). When it comes to Shabbos (or any other biblical time), we have to be strict ...
11
votes
3answers
629 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 ...
2
votes
2answers
193 views

Why do we make blessings on mitzvot d'rabbanan at the second seder?

As far as I know mitzvot such as eating marror or saying hallel at the Pesach seder are only rabbinic (the marror was biblical previously but I am told that is no longer so). If this is the case and ...
13
votes
3answers
916 views

Why do we say Pesach seder brachot both nights?

During the Pesach seder, but not during the rest of Pesach, we say b'rachot for the mitzvot of matzah and maror. (I mean the "asher kidshanu b'mitzvotav" b'rachot.) So it seems that we are only ...
8
votes
1answer
270 views

Why is Shmita only Rabbinic nowadays?

I was reading up on Heter Iska and it said that Shmita and Shmitat Kesafim are only Rabbinic today. Why do the Biblical laws no longer apply?
27
votes
2answers
823 views

Can a gentile break shabbos only on a Rabbinic level?

A non-Jew is forbidden from observing Shabbos. When someone is in the process of converting, we advise them to keep the entire Shabbos besides for doing one forbidden activity. A common practice is to ...
12
votes
1answer
1k views

Are there jews not following the rabbinic laws?

Trying to learn about Judaism more I have been reading this StackExchange for the past few months. As a non-Jew using the correct terminology is a bit hard, so please do feel more than free to edit ...
8
votes
1answer
294 views

Has anyone declared a time of oppression regarding the four Temple fasts?

The Sha'ar haTziyun (OC 550 sk 9) speculates if in his day (~1900 CE) there was enough oppression of the Jews to warrant declaring the fasts of 10 Tevet, 17 Tammuz and 3 Tishrei into full fledged ...
5
votes
1answer
155 views

Making a Berachah on rabbinically prohibited foods

Should one refrain from making a Berachah on rabbinically prohibited foods, or does that rule only apply to biblically prohibited foods?
2
votes
0answers
210 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 ...
9
votes
0answers
613 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 ...
12
votes
2answers
171 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 ...
11
votes
1answer
337 views

Precedent for Forbidding Conversion

The Syrian community has a Takkanah in place which bars conversion. In addition to forbidding conversion under their own auspices, they also "Never accept a convert or a child born of a convert", as ...
8
votes
4answers
314 views

Rabbinic prohibitions among Noachide laws

Are there Rabbinic prohibitions on non-Jews in the context of the 7 Noachide laws? e.g., would they have gezeirot like yichud or negia in order to prevent ariyot?
2
votes
0answers
203 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 ...
6
votes
1answer
350 views

Understanding the difference between shevus and gezeirah

I know that, in general, there is a difference in strictness between the two categories of protective measures, but am having difficulty in explaining the difference between the two.
6
votes
2answers
209 views

A fence within a fence

There is a well known dictum that a lot of rabbinic enactments were created to 'create a fence' around the major sin; the idea being that if someone does something that would be Biblically permitted ...
6
votes
1answer
248 views

Why no tfillin on second day of Yom Tov?

The decree of keeping two days of Yom Tov outside of Israel is because Rosh Chodesh used to be determined by Beis Din and its messengers couldn't reach all of exiles in time, thereby requiring people ...
12
votes
4answers
825 views

Clapping on Shabbos

Is one allowed to clap one's hands on Shabbos? Does it matter whether one is clapping to a beat or trying to get someone's attention?
9
votes
2answers
258 views

Why did God give the Rabbis so much power?

The Torah demands that we adhere to the laws implemented by the Rabbis (I think the source is "don't veer from what they tell you to the right or to the left"). This has given the Rabbis far-reaching ...
6
votes
1answer
182 views

Why are we bound to rabbinic laws?

I know that one of the reasons given for our being limited by miderobonon laws is explained in Masechet Shevuot, 39a which says as follows (lifted from dafyomi.co.il) i. "Asher Yeshno Po ha'Yom" ...
5
votes
3answers
256 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 ...
2
votes
0answers
144 views

Can a rabbinical mitzvah (that is currently being done) override a biblical mitzvah?

There's a principle of Osek Ba-Mitzva Patur Min Ha-Mitzva that says that if one is in the midst of doing one mitzvah he is exempt from performing other mitzvot. Do both mitzvot have to be of the ...
1
vote
1answer
107 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 ...
1
vote
1answer
217 views

What is Ezra's Immersion / טבילת עזרא

What is Ezra's Immersion / טבילת עזרא and: Why was it canceled? How was it canceled?
12
votes
3answers
809 views

Amira Lakum: say you can't say?

One is not allowed to tell a non-Jew to do a melacha on shabbas, but one can hint and say "it is cold in here", hoping he will realize and shut the air conditioner. Is one allowed to explain to the ...
4
votes
3answers
438 views

Arguments for Rabbinical Law

My friend does not practice Rabbinical Laws unless he fully agrees with the reasoning. He's totally fine with direct Torah Laws however. I'm running out of arguments to convince him. Any ideas?
15
votes
5answers
4k views

Should a non-Orthodox Jew wear tzitzit or not?

It seems obvious to me that in general it’s better to keep more mitzvot rather than fewer, but wearing tzitzit seems like a special case. I’ve asked rabbis in my community about this, but I want to ...
13
votes
5answers
505 views

The authenticity of rabbinic literature

I am studying the history of various branches of Judaism. I understand the position of rabbinic Judaism that parts of the laws were oral and not written. But this alone would not justify the ...
7
votes
2answers
363 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
votes
2answers
819 views

How was Tevilas Ezra effective in limiting conjugal relations?

Many go to mikve (perform ritual immersion) every morning. One reason for this is voluntary continuation of a cancelled decree, Tevilas Ezra, meant to limit conjugal relations by requiring immersion ...
7
votes
2answers
1k views

Seven Mitzvos D'Rabanan

I heard there are 620 letters in the Aseres Hadibros which corresponds to the 613 Mitzvos of the Torah and 7 Mitzvos D'Rabanan. What are the Seven Mitzvos D'Rabanan - שבע מצוות דרבנן? Is there a easy ...
5
votes
4answers
673 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?
4
votes
2answers
236 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 ...
4
votes
1answer
129 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?
0
votes
1answer
90 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 ...
0
votes
0answers
98 views

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 ...
12
votes
4answers
475 views

Milk After Fowl

If eating milk and chicken is only a rabbinical prohibition, why don't we find that we are more lenient with regards to it. For example, why don't we wait less time between eating chicken and milk? [...
6
votes
1answer
200 views

Who established the Shema?

The Gemara in Berachos 12b says "They sought to establish [various passages] in the Shema" and "they establish[ed] the passage of tzitzis in the Shema" (Artscroll trans.) I had thought that the ...
6
votes
0answers
83 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.
5
votes
1answer
169 views

Rabbinical suppport for reducing noise at weddings

There is a verse in Devarim (Deut) - Don't recall exact location that says "Watch your lives very carefully". From here we learn that we must do what we can to preserve our health. So, I'm wondering ...
5
votes
1answer
442 views

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 ...
4
votes
3answers
399 views

Is it allowed to prepare for maariv after Shabbos during the rabbinic tosefes Shabbos?

The time to daven maariv on Motzoei Shabbos is some period (where I am it’s around 15 minutes) after the stars come out. This period is called tosefes Shabbos. In many shuls, the shaliach tzibbur ...
4
votes
4answers
158 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.
4
votes
1answer
87 views

Why did the Rabbis make a decree for Yovel?

Rambam (Hilchos Tefila 2:8) says that בד"א ביום צום של כל שנה ושנה אבל ביום צום של שנת היובל מתפלל תפלת המוספים תשע ברכות כמו שהתפלל במוסף ראש השנה והם אותן הברכות עצמן לא פחות ולא יותר ואין ...
3
votes
3answers
159 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 ...