Questions tagged [derabanan]

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

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4
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4answers
182 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
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2answers
314 views

What is the punishment for Patur Aval Issur?

If one does something on Shabbos, say, that is patur aval issur (like an act of destruction) what is the punishment? I know that Beis Din (court) does nothing, but are there any sources for what the ...
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2answers
274 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
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4answers
259 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 ...
4
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3answers
454 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?
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3answers
410 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
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1answer
84 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
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1answer
187 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
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1answer
147 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
118 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
95 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
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1answer
90 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 ...
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34 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 ...
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3answers
173 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
267 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
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1answer
170 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 ...
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2answers
122 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 ...
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1answer
199 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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2answers
96 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
73 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
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1answer
180 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
97 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
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1answer
135 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 ...
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2answers
210 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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2answers
913 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 ...
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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 ...
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39 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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57 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
79 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?
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3answers
354 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 ...
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2answers
333 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
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1answer
49 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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1answer
33 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,...
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3answers
182 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 ...
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1answer
101 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 ...
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2answers
210 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 ...
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1answer
97 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 ...
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1answer
208 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
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1answer
262 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
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1answer
363 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
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1answer
100 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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1answer
131 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
95 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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0answers
53 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
255 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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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 ...
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0answers
85 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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0answers
72 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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0answers
208 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
134 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 ...