Skip to main content
6 votes
Accepted

If one is in doubt whether they had already recited maariv should they say the blessings of shema with the shema or not?

If he is unsure if he recited Shema, he should recite it with its blessings (OC 67). If one is unsure if one had recited the Amida, one should recite it and intend that it should be a voluntary ...
Double AA's user avatar
  • 99.1k
4 votes

Is a bathtub a good mikvah on a Biblical level?

Following Rabenu Yitschak in Tosfot BB 66b (also reported in Tur YD 201), Rambam Yes, Following Rashi, Rashbam, Rabenu Tam, RaShBA baal Hatosfot, Rabenu Shimshon and Rosh, no. The Tur Siman 201 ...
kouty's user avatar
  • 22.8k
4 votes

The prohibition of eating the Korban Pesach uncooked/boiled and the definition of Issur DiOraysa

The Gemara (Pesachim 41a) says that by eating the Pesach completely raw, he violates the positive commandment to eat it roasted.
ertert3terte's user avatar
  • 40.5k
4 votes
Accepted

Does the Torah Address the Issue of Circumcision on the Sabbath?

The written Torah does not address the issue of circumcision on the Sabbath. Gen. 17 and Levit. 12:3 merely mention the 8th day requirement as far as the plain text is concerned. In the Talmud, ...
David Kenner's user avatar
  • 10.8k
4 votes
Accepted

Does Kavod Habriot ever apply to Safek d’oraita

The Mishna Berura in 13:15 discusses a scenario in which the tzitzis of a tallis fall off while in public. In a case in which it is an issur doraisa he says: אבל בחול שהוא עובר על איסור תורה בכל שעה ...
Chatzkel's user avatar
  • 13k
4 votes
Accepted

Is Marit ayin biblical or rabbinic

Want to clarify, change, and explain my answer a bit: After speaking with two big Rabbanim about this topic I realized that everyone holds Marit Ayin is derabbanan except for Rav Moshe (Igrot Moshe 4:...
Avishai Tebeka's user avatar
3 votes
Accepted

Are the laws of techumin biblical or rabbinic

Most common opinion is that 1 "mil" (let's assume 2/3 a mile) is rabbinic; 12 "mil" (let's say 8 miles out) is Biblical. It's not so simple to just hand-wave and say "oh if ...
Shalom's user avatar
  • 133k
3 votes
Accepted

Are the laws of muktzeh biblical or rabbinic

Mukktzeh is d'rabbanan. R Daniel Braude writes (Learn Shabbos, p. 442) There is a Rabbinic prohibition to handle items that are muktzeh on Shabbat He spells out some of the reasons the Sages enacted ...
mbloch's user avatar
  • 51.9k
3 votes
Accepted

Are any laws of the synagogue D’oraita?

The Chofetz Chaim in Sefer Chofetz Chaim where he lists the positive commandments clearly states in Positive Mitzva number 7 that current day shuls and batei Mirash have the same laws of the temple as ...
ASL's user avatar
  • 1,005
3 votes
Accepted

Which (non get/kiddushin) shtaros exist on a d'oraisa level?

Not including the ones mentioned in the OP, the documents for buying any of the following are d’Oraisa: Jewish slaves (Kiddushin 16a, either from comparison to Kiddushin based on Shemos 21:10 or from ...
DonielF's user avatar
  • 34.3k
3 votes

Is Mikvah a rabbinical law or Torah law?

Let me try to unpack this a bit. Aaron's excellent answer addresses the mechanics of what is a mikvah; I'll walk through when one needs to use one. There are plenty of times the Torah talks ...
Shalom's user avatar
  • 133k
3 votes

Are We Biblically Commanded to Study the Oral Law According to Maimonides?

Rambam tangentially discusses this in his commentary to Avos 1:16 when discussing the five categories of speech. החלק הראשון והוא המצווה בו הוא קריאת התורה ולמודה והעיון בפירושה וזו מצות עשה ...
Alex's user avatar
  • 49.3k
2 votes

To what extent is homosexuality forbidden among non-Jews?

Homosexuality between two gentile males is forbidden. This is based on the gemara (Sanhedrin 58a), and codified by Rambam (Melachim 9:5; see also Issurei Biah 14:10). שש עריות אסורות על בני נח. האם, ...
chortkov2's user avatar
  • 9,510
2 votes

To what extent is homosexuality forbidden among non-Jews?

Mesoras Moshe Vol. I (by Rabbi Moshe Feinstein's personal secretary), page 505. (Rabbi Feinstein was responding to a rather messy story ... I can't do it justice here ...) Our teacher [Rabbi ...
Shalom's user avatar
  • 133k
2 votes

Relative status of biblical and rabbinic transgressions

There is a dispute as to whether a rabbinic prohibition or mitzvah has the same metaphysical import as a Torah one, or whether it's pragmatic. Rav Meir Simchah haKohein miDvinsk (Meshekh Chokhmah, ...
Micha Berger's user avatar
  • 9,668
2 votes

Is a bathtub a good mikvah on a Biblical level?

According to the Rambam Rif Ramban and Ran Only a pool which is dug into the ground will be good to dip into on a biblical level even in drawn water, but miderabanan requires rain water. In contrast ...
user15464's user avatar
  • 11.5k
2 votes

Is reciting Shema a mitzva d'oraisa?

You ask: But the same paragraph instructs us to say these words when we walk on the road and when we sit in our house. We do not have a ritual to do either. There are three opionions regarding ...
kouty's user avatar
  • 22.8k
2 votes
Accepted

Pirkei Avot 2:1 - What does “major” vs. “minor” mean in terms of Rabbinical vs. Torah mitzvot?

With regard to the specific example in the question--the Gemara Megilla 3a says that כהנים בעבודתן ולוים בדוכנן וישראל במעמדן כולן מבטלין עבודתן ובאין לשמוע מקרא מגילה מכאן סמכו של בית רבי שמבטלין ...
wfb's user avatar
  • 14.5k
2 votes

In the Talmud is there a way to distinguish when a verse is brought as מקור or אסמכתא?

HaRav Moshe Ben Yosef Trani (16th century contempory of Rav Yosef Cairo) wrote Kiriat Sefer on the Rambam which is dedicated to ascribing which laws are Derabbanan and which are Min haTorah. When ...
user15464's user avatar
  • 11.5k
2 votes

Morning Netilat Yadayim - Rabbinic or Biblical?

Netilath yadayim in the morning as a preparation for prayer is derabanan (rabbinic). The Talmudic source for it is the statement of R. Yohanan (and R. Yohanan as cited by R. Hiyya b. Abba) in ...
Deuteronomy's user avatar
  • 8,398
1 vote
Accepted

Is hiddur mitzvah biblical or rabbinic

It is a machloket Rishonim. Ra'avad (cited in Chidushei Anshei Shem, Berachot 38a, no. 2) suggests that it is biblical, and Ritva to Sukka 11b s.v. V'Ee writes that it is rabbinic. It is derived in ...
Rabbi Kaii's user avatar
  • 9,948
1 vote

Why do we check clothing for Shaatnez - isn't it a מיעוט (שאנו מצוי)?

Reb Moshe in Igros Moshe YD 1:72 at the end of the Teshuva says that although Midina it would be permitted not to check, since it’s possible to check it out conclusively, we try not to rely on miyut, ...
Chatzkel's user avatar
  • 13k
1 vote

How much beer/whisky would one have to consume to be chayav m’doaraisa?

The Rambam writes (MT Chametz u Matza 1:1) Anyone who intentionally eats an olive's size of chametz on Pesach [...] is liable for kareit [...] [The above applies] equally to one who eats chametz and ...
mbloch's user avatar
  • 51.9k
1 vote

Morning Netilat Yadayim - Rabbinic or Biblical?

Mishneh Torah, Brachos, chapter 11; halacha 3: "Similarly, with regard to all the Rabbinic mitzvot - both the mitzvot that the Rabbis established as obligations - e.g., reading the megillah, ...
Dude's user avatar
  • 4,362
1 vote

Holding like the majority opinion for a d'oraita?

The OP seems to be asking about a case where one opinion says something is an issur D'Oraisa and the other opinion says it is permitted in the first place with no restriction. (There is no opinion ...
David Kenner's user avatar
  • 10.8k
1 vote

Is a bathtub a good mikvah on a Biblical level?

It is possible (but as @user6591 said, it needs to be a big tub like 76.1 gallons of water), but the only practical difference it will make is that the children that come from relations after such a ...
hazoriz's user avatar
  • 7,526
1 vote

Is the Oral Law from Sinai considered d'oraisa or d'rabbanan?

(I ran out of time to look up and provide sources beyond those for the central point. This answer is known to be incomplete. I am posting it now anyway with plans for further editing so that (1) I don'...
Micha Berger's user avatar
  • 9,668
1 vote
Accepted

Is the Oral Law from Sinai considered d'oraisa or d'rabbanan?

A great question, which is treated in Rambam and Ramban around the Sefer Hamitsvot. Sefer Megilat Esther quoted Sefer Zohar Harakyia which explains the Rambam. We will try to explain Rambam's view. ...
kouty's user avatar
  • 22.8k
1 vote

Machlokes Deoraisa vs Muttar - non-Jew vs Jew

If you follow this Rov which means you hold it's forbidden there is no doubt that you can't ask another Jew to do this. Like we see the Tur raises the question of having somebody who observes only one ...
Harry's user avatar
  • 131

Only top scored, non community-wiki answers of a minimum length are eligible