Questions tagged [derabanan]

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

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4
votes
2answers
249 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
3answers
444 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?
4
votes
3answers
400 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
1answer
168 views

Rabbinical violations that are punishable by death?

Are there any rabbinical violations that carry the punishment of kareit (or other death penalty)? I'm wondering because of this answer--which suggests that the prohibition on relations with a non-...
4
votes
1answer
132 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?
4
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1answer
112 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 ...
4
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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 ...
4
votes
1answer
88 views

Proof from Mishneh that Hilchos Chol HaMoed is M'd'rabbanan

If one looks into the Tur and Beis Yosef at the beginning of Hilchos Chol HaMoed in Simana 630 you will find a big maklokes rishonim if malacha on Chol HaMoed is an issur d'oraisa, d'rabbanan, or ...
4
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0answers
95 views

Can “Three D'Rabbanans be 'motzei' ”Two D'Rabbanans"

We know that when there is a case of someone that is obligated to perform a mitzvah m'drabbanan (and in fact there are 2 d'rabbanans together) they can't be "motzei" someone in the mitzvah who only ...
3
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3answers
161 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 ...
3
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2answers
225 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/...
3
votes
1answer
156 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 ...
3
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1answer
70 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 ...
3
votes
1answer
185 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 ...
3
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2answers
93 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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2answers
71 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 ...
3
votes
1answer
171 views

Why don't we wear tefillin on Yom Tov sheni?

In Hilkhoth Tefillin 4:10, the Rambam states the basic and well-known halakhah that "...shabbathoth wi-yamim tovim enan zeman tefillin..." (Translation: "Shabbat and Yom Tov are not times for [wearing]...
3
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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 ...
3
votes
1answer
109 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 ...
3
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2answers
828 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 ...
3
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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 ...
3
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0answers
35 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 ...
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0answers
56 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?
3
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2answers
191 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 ...
2
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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 ...
2
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2answers
316 views

How did Chazal know they were right about “who is a Jew”?

My question is predicated on the assumption that Jews were created by God as fundamentally different from non-Jews. (I am referring, for example, to the idea that Jews have a special type of soul. And ...
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,...
2
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1answer
73 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 ...
2
votes
2answers
195 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 ...
2
votes
1answer
92 views

May one violate a derabonon to preform a Bris

May one violate a rabbinic prohibition (such as carrying a knife in a Karmilis on Shabbos) in order to perform a Bris Milah? (A Karmilis is a domain which a person can't carry stuff into or from a ...
2
votes
1answer
201 views

Sofek d'rabbanan by tevillah of an isha

Normally we say "sofek d'rabbanan l'kulo" and will be lenient in a case of a doubt that is only an issur d'rabbanan. I have heard that there are poskim who say this doesn't apply in the case when ...
2
votes
1answer
248 views

The levels in kashrut

If a piece of a biblically forbidden food (such as a piece of pork), falls into a bowl of meat. We all know the rule, it's batul bshishim. How about a piece of food which is only rabbinically ...
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. ...
2
votes
1answer
82 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 ...
2
votes
1answer
117 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 ...
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0answers
61 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, ...
2
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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 ...
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0answers
217 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 ...
2
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0answers
33 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 ...
2
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0answers
82 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 ...
2
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0answers
63 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 ...
2
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0answers
206 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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0answers
126 views

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 ...
2
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0answers
45 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
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 ...
2
votes
0answers
131 views

Is a triple shvus allowed?

Is there a concept of shvus dishvus with an added shvus making it a rabbinic prohibition 3 times removed. For example if it's yom tov sheini, and the action is rabbinic such as Nolad (turning on a ...
2
votes
1answer
94 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 ....
2
votes
1answer
208 views

Anti-libertarian-ism in Chazal

Most of the halachos of Choshen Mishpat have to do with one person's responsibilities viz-a-viz another person's rights. However, there is at least one halacha of which I am aware where Chazal told ...
2
votes
2answers
76 views

Nazir: shaving on the start of the vow

I read that a nazir would shave his hair just prior to taking the vow because of a decree of the sages. Is it true? What is the source for this information?
1
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1answer
501 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 ...