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12

At least with regards to hilchos Shabbos, you should choose the derabannan. See שמירת שבת כהלכתה לב:כז-כח*, who writes that if there is no difference in speed or quality of care, that one should choose to do a rabbinically prohibited action, instead of one that is Biblically prohibited. I don't know if this is Shabbos-specific, or if this rule applies ...


10

If you read the original responsum of the committee (here), you will find that they choose to rule that all prohibitions other than homosexual male anal intercourse (such as the prohibitions of yihud and negiah) are all rabbinic and are superseded by the concept of kvod habriot. (How they deal with the issue of השחתת זרע לבטלה is less clear, which is likely ...


7

Shulchan Aruch Harav (OC 58:1) brings three opinions as to which parts of shema are d'oraisoh (all the opinions he brings agree that at least some part is d'oraisoh): R' Eliezer (Berachos 21a) is of the opinion that just the first paragraph of shema is d'oraisoh. The second opinion is that also the second paragraph of shema is d'oraisoh (רמב"ם פ"א ...


7

There are two sources I know of indicating that one does not fulfill the mitzvah of Talmud Torah by learning laws which are derabanan: There is a law that one may not receive payment for teaching Torah, but the Rama (Y.D. 246:5) writes that this is not true regarding teaching of rabbinic laws. This strongly implies that there's no biblical obligation to ...


6

The first two are explicitly in the Talmud (Brachos 32a at the bottom), as pointed out by many commentaries on the Rambam. However, the third is often questioned, either left without a source (the Lechem Mishna) or claimed to be logical (the Maaseh Rokeah). The Or Sameach on the Rambam however finds that this is explicitly sourced in the Sifri in Zos ...


5

No. The Rambam writes (Ishus 10:6[7]): וחכמים הם שתיקנו כתובה לאישה, כדי שלא תהיה קלה בעיניו להוציאה The sages are the ones who established a Kesuba for a wife, in order that he should not regard it as easy to divorce her. He also doesn't list the requirement of Kesuba in Sefer HaMitzvos as the Mitzvah of Kiddushin. As to why he terms it that way,...


5

B"H The most basic - and presumably most practically important - distinction between laws of Scriptural and Rabbinic origin is what to do in case of a doubt. The general principle is: S'feika D'Oraisa l'Chumra, S'feika D'Rabbanan l'Kula - when confronted with a doubt in a law of Scriptural origin, take the stricter position; on a doubt in Rabbinic law, ...


5

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 prayer if one had already said it (OC 107:1). Some say this isn't necessary for Arvit which is fundamentally a lower level obligation, but most don't distinguish (...


4

The Gemara (Pesachim 41a) says that by eating the Pesach completely raw, he violates the positive commandment to eat it roasted.


4

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, tractate Shabbos, 131b (at the bottom of the page) and onward, there is an argument about Scripture's indication. Some say that the circumcision overrides the ...


4

It depends on the circumstances. Obviously, n'darim in general are a matter of biblical law: they're mentioned in the Tora. Yad, N'darim 1:4. On the other hand, some rules were established by the rabbis as safeguards against violating biblical laws of n'darim. Ibid., :27.


3

Shokhet cites Sh'miras Shabas K'hilchasah as saying that, to save a life on Shabas, if there is no difference in speed or quality of care, that one should choose to do a rabbinically prohibited action, instead of one that is Biblically prohibited. (Note the "if there is no difference". Otherwise, saving a life takes priority.) Note that, as Daniel ...


3

You're correct about the punishment. If someone carried in a "public thoroughfare" on shabbos (a biblical violation) because they thought it was Tuesday, they had to bring a sacrifice for atonement. If someone carried in a deserted forest (a rabbinic violation) thinking it was Tuesday, no sacrifice would be brought. If done intentionally, warned, and ...


3

There is a dispute as to whether beracha me'ein shalosh (al hamichiya etc.) is rabbinic or Biblical. Some Rishonim, for example the Rashba, hold it is Biblical, while others, for example the Rambam, hold it is Rabbinic. So there is a halachic safek about the existence of a Biblical requirement to make a beracha acharona of me'ein shalosh. The Magen ...


3

The Rashba (Toras HaBayis, Bayis 4, Shaar 1, 11b. Also in his chiddushim on kiddushin 73a d"h mamzer vaday) says it's a Torah principle. The Ran (Kiddushin 15b according to the Rif pages) also holds it's a Torah principle. The Rambam (Perek 12 in hilchos tumas hames, halacha 12) holds it's a principle from the Rabbis. The Pri Chadash (Klalei sfek sfeka, ...


3

I'm comfortable to say that no opinion in the Talmud holds this way. The first reason is that, having learned Kiddushin and perek Yesh Nochlin of Bava Basra, two of the primary places where this discussion comes up, I have never come across a third opinion. The second reason is that the reasoning which many Acharonim give for the dispute of R' Meir and R' ...


3

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 שנצטוינו בה ודברת בם והיא כמו כל המצות Rambam here seems to be stating that study of the Oral Law ("והעיון בפירושה") is included in the Biblical commandment of "...


3

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 a combination of Shemos 21:7 and Vayikra 25:46) Non-Jewish slaves (Kiddushin 22b, from comparison to land based on Vayikra 25:46) Bill of emancipation (...


2

There are three general categories of understanding this Rambam. The obligation to teach one's child is limited to Torah SheBeksav (note, if there is a Rabbinic requirement to do it, the Rambam doesn't mention it according to that reading). The father's obligation to pay is limited to Torah SheBeksav, he just has to teach himself (or arrange others to teach)...


2

Shulchan Aruch HaRav writes in Hilchos Talmud Torah (2:1) that the obligation to study Torah includes דיקדוקי סופרים, which Rashi (Succah 28a) defines as Rabbinic enactments. (Note that, pace the Aruch Hashulchan, he paskens (O.C. 47:2) that Birchas HaTorah applies to Medrash as well).


2

Besides for all the other good answers, there's another issue, mentioned by the Ramban in וָאֶתְחַנַּן - Devarim 4:2 on the Passuk forbidding one to add or subtract Mitzvoth - לֹא תֹסִפוּ עַל הַדָּבָר אֲשֶׁר אָנֹכִי מְצַוֶּה אֶתְכֶם וְלֹא תִגְרְעוּ מִמֶּנּוּ When discussing how to deal with Rabbinical additions, the Ramban states: ומה שתקנו חכמים משום ...


2

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 studying Gemora look at the small Hebrew letter adjacent to the saying e.g. א. Then look at the margin in the Ein Mishpat for א which will say for example: מיי׳ פ׳...


2

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 explicitly about a requirement for someone to immerse in water; have a look at Lev. Chapter 15 for example. Our tradition has it that this means a mikvah. In fact the ...


2

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 view. What is called Oral law? What is called rabbinical? Are there halachot entirely orally transmitted which are not rabbinical? Is there a hierarchy in rabbinical ...


2

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 Krias Shema: The opinion (and some Rishonim stated it for the halacha, as Tosfot quoted below) following which even the first chapter's recitation is only a ...


2

The reason we need to have both rules is because one does not follow logically from the other. Given just safeik deoraita l'chumra we could potentially also say safeik derabanan l'chumra. Likewise vice-versa.


2

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, Devarim 17:11) holds that Torahitic prohibition describes something that is inherently wrong. The universe is made such that combining meat and milk is a problem (...


2

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 תלמוד תורה ובאין לשמוע מקרא מגילה קל וחומר מעבודה Priests at their [Temple] service, Levites on their platform, lay Israelites at their station — all ...


1

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 that it is an issur D'rabbanan?) I have seen Halachic cases like this. Although they are rare compared to D'Oraisa/D'Rabbanan arguments. Even so, (and sometimes ...


1

(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't risk losing what I typed so far, and (2) I can crowdsource the job of finding those sources. So rather than downvote before those edits, how about ...


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