Questions tagged [derabanan]

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

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6
votes
2answers
171 views

Why use “Kiddushin” instead of biblical “Erusin”?

Why did the Sages see a need of inventing a new word "Kiddushin" e.g Masechet Kiddushin 46a - שצריכה הימנו קידושין , instead of the biblical Hebrew word "Erusin" used everywhere in ...
13
votes
3answers
896 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 ...
0
votes
1answer
40 views

What is the term in Judaism for the “fence laws”? (rabbinical laws to guard against G-d's laws)?

What is the term in Judaism for the "fence laws"? (rabbinical laws to guard against G-d's laws)? For example the Muktzeh.. Distinguishing it from for example the 7 rabbinical mitzvot / ...
8
votes
2answers
519 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 ...
5
votes
4answers
243 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 ...
-1
votes
1answer
81 views

Today's reason of wine prohibition

I can understand that in the old days non-Jewish people used to make wine for worshipping or that wine was the main alcoholic beverage and drinking a wine made by non-jews would require some ...
0
votes
1answer
48 views

Why does the man who guards the Red Heifer defile his clothes?

Bava Metzia 93a reads: "One who safeguards the red heifer renders his garments impure ... Rabba bar Ulla said: This is a decree, lest he move a limb of the heifer." But... how does it deter ...
2
votes
1answer
117 views

Gezerah D'Rabbah in the Beit Hamikdash?

Rabbah publicized a Gezerah (command / decree) that Lulav and Shofar should not be used on Shabbat because of a fear someone may violate the Melacha of Hotzaah. I heard that there was another case ...
6
votes
2answers
168 views

Why do we have an explicit rule of Safek Brachos Lehakel if we already have a greater encompassing rule of Safek D'Rabanan L'kulah?

I understand that Safek brachos lehakel might simply be a corollary of Safek D'rabana L'kulah, however I assume there is some nafka minah between the two. The only reason we would have safek brachos ...
12
votes
4answers
903 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?
7
votes
7answers
389 views

What are the Biblical sources for rabbinic authority?

I am currently learning in a s'micha program. I was challenged by one of my old friends to find a source for our modern understanding of rabbinic authority that does not require circular reasoning ...
14
votes
5answers
575 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 ...
5
votes
1answer
160 views

Can Catholics be considered pious/G-d-fearing in the context that they believe their church to be their version of Rabbinical authority? [closed]

This question relates to people who are good in nature but mislead in practice and the situation they are raised within. Obviously, Judaism has issues with Catholicism in the sense it contradicts ...
4
votes
0answers
37 views

How did the Rabbis know that people were intentionally leaving food on the stove?

The Talmud (Shabbat 38a) records the following rabbinic decree: מאי גזירתא דאמר רב יהודה בר שמואל א"ר אבא אמר רב כהנא אמר רב בתחילה היו אומרים המבשל בשבת בשוגג יאכל במזיד לא יאכל וה"ה לשוכח ...
3
votes
2answers
140 views

Source that there's timtum halev on a derabanan

The Rema Yoreh Deah 81:6 writes: לא תאכל המינקת אפי' ישראלית דברים האסורים וכן התינוק בעצמו כי כל זה מזיק לו בזקנותו The wetnurse, even a Jewish one, shouldn't eat forbidden foods. Similarly ...
0
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0answers
69 views

Minhagim and Mitzvot Derabanan

I was having a discussion with someone about whether we have an actual obligation in the 7 Mitzvot Derabanan. The conclusion we came to was that we are obligated in them because in the past, the ...
2
votes
3answers
188 views

Did the Avos light the menorah? [duplicate]

The Gemara Yoma 28b says that Avraham Avinu kept the whole Torah including Eruv Tavshilin. We see that Avraham kept the Rabbinic laws. Does this mean he lit the Menorah as well? אמר (רב) ואיתימא רב ...
2
votes
1answer
54 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 ...
2
votes
1answer
135 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 ...
7
votes
1answer
212 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" ...
3
votes
2answers
211 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 ...
12
votes
3answers
896 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 ...
6
votes
3answers
271 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 ...
3
votes
0answers
44 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 ...
2
votes
0answers
145 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 ...
3
votes
1answer
208 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 ...
-2
votes
1answer
127 views

Shofar and Lulav on Shabbos - how can Rabbinical decree override Deorayso

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 ...
7
votes
5answers
399 views

Why is there a prohibition of gevinat aku"m?

I vaguely recall that Talmud Avodah Zarah mentions a prohibition of eating gevinat akum - cheese manufactured by an idol worshipper (as I understand this definition.) If there already was a ...
2
votes
1answer
118 views

Why restrict medicine on Shabbat? [duplicate]

The Shulchan Aruch [OC 328:1] says: Someone who has a mere bad feeling, but he strengthens himself and walks around like a healthy person, it is forbidden to do any healing for him, even by nonJews,...
4
votes
0answers
40 views

Extending gezeirot about melacha to other activities

I feel like this is too obvious even to ask (or that it is a dupe...) but here goes: If we do not use already ground medicine on Shabbos for fear that we might come to grind medicine, then why can we ...
1
vote
0answers
31 views

How are the feasts of Purim and Hanukkah justified in light of Devarim 4:2 and 13:1? [duplicate]

According to Devarim 4:2 (and 13:1), there are to be no additions to the Torah ('Do not add to what I command you and do not subtract from it, but keep the commands of the Lord your God that I give ...
-1
votes
1answer
45 views

Are we obligated in an extra Chatas?

I am predicating this on two ideas: That a person can be obligated now to bring a korban in the future, the way a convert today will be required to bring a korban when moshiach comes. A Nazir brings ...
5
votes
0answers
49 views

Eating matzah on the second day of erev Pesach

I don't have all the sources and grounding for the various suppositions I am going to present so I apologize -- I fear I can't put this question into proper words: We refrain from eating matzah (at ...
5
votes
1answer
308 views

The Abolition of Vidui Ma'aser

Deuteronomy 26:12-15 details a confession that must be recited on the final yontef of Pesach, both on the fourth and on the seventh years of the agricultural cycle, at such a time as there is a temple ...
6
votes
4answers
1k 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
1answer
89 views

Were Rabbinic Laws like Muktzeh given at Sinai

Did Rabbinic Laws such as Muktzeh exist in the time period between the receiving of the Torah and the time they were written down and institutionalised in Halacha? Are there different opinions on ...
4
votes
4answers
263 views

Have there been instances where 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 was followed accordingly, only to have another generation of Rabbis ...
0
votes
0answers
29 views

Derobonon extensions of mide'oraita laws - list

In Mas. Kiddushin, 45b, the gemara discusses a woman who has undergone eirusin but the status of her nesuin is in doubt. The question arises as to whether she can (if she married a kohein) eat of his ...
3
votes
1answer
148 views

Shvus dshvus dshvus

I've heard that shvus dshvus dshvus (like asking a non-Jew to do a melacha drabbanun with a shinui is permissible. Is that only bidieved or lichatchilah as well? Also is it a machlokes? Please bring ...
2
votes
1answer
34 views

Gezel in Rabbinical regulations

In the Laws of Shabbos there are multiple layers of Rabbinical prohibitions built one on top of others to prevent possible transgression of Shabbos, for example, Muktze, or playing musical instruments,...
8
votes
3answers
192 views

Are there unresolved ‘tekus’ in the Talmud later resolved in responsum?

Often in the Talmud questions are asked which do not yield a result. These non-answers are called ‘teku’ (תיקו). Frequently, the questions which are left with teku are those which are far-fetched. ...
-1
votes
1answer
91 views

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 ...
1
vote
2answers
93 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 — ...
12
votes
2answers
197 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 ...
0
votes
0answers
115 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 ...
2
votes
1answer
133 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 ....
3
votes
1answer
174 views

Why make the Kohen burning the Para Aduma rabbinically impure?

The Gemara says that we make the Kohen burning the Para Aduma (the red heifer) impure and then dip him in the Mikva. The reason given is that there is an argument between the Rabbis and the Sadducees ...
1
vote
2answers
292 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 ...
2
votes
3answers
358 views

Doesn't gezera affect the Torah?

I was reading a book about Judaism and I noticed that there is a concept called "Gezera" or "Takana", which means an amendment in Jewish law. According to this book, gezera can occur when the ...
6
votes
1answer
215 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 ...