Questions tagged [derabanan]

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

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12
votes
3answers
830 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 ...
5
votes
3answers
258 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
2answers
190 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 ...
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 ...
8
votes
4answers
198 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 ...
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 ...
3
votes
1answer
184 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
111 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 ...
6
votes
5answers
340 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 ...
1
vote
1answer
103 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,...
3
votes
0answers
34 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
29 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
42 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
45 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
290 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 ...
5
votes
4answers
727 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?
3
votes
1answer
68 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
250 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 ...
5
votes
1answer
124 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 the Torah, as in: ...
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
108 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
32 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
156 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
85 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
71 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
173 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
vote
1answer
34 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 ...
0
votes
0answers
99 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
92 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
155 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
137 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
353 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
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 ...
-1
votes
1answer
62 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 ...
6
votes
1answer
123 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 ...
2
votes
0answers
57 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, ...
1
vote
0answers
22 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
votes
1answer
71 views

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 ...
1
vote
1answer
125 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 ...
3
votes
1answer
96 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 ...
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 ...
1
vote
0answers
68 views

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 ...
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 ...
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
145 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 ...
2
votes
0answers
51 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 ...
4
votes
1answer
89 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 ...
2
votes
1answer
347 views

Who should observe Isru Chag?

I have been trying to understand Isru Chag. While there is a source in tehillim for the words and the gemara derives a notion of extra celebration, there seems to be little about the scope of the day. ...
0
votes
1answer
110 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 ...
11
votes
3answers
634 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 ...