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What is the difference between a takana and a gezera?
The following taxonomy of kinds of halachic ruling was culled from the Rambam, Hilkhos Mamrim ch. 2, and includes thoughts learned at a shi’ur given by R’ Yonasan Sachs (who was then of RIETS, now of ...
- 9,175
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Gezerah D'Rabbah in the Beit Hamikdash?
An additional application is the prohibition to sprinkle purifying water on a tamei meis on Shabbos, even if that would allow him to offer his Korban Pesach.
Pesachim 69a
והזאה מאי טעמא לא דחיא שבת ...
8
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What is the basis that allows Rabbis to create laws?
Sources For Rabbinic Authority
There are several divergent approaches to this.
Rambam (Introduction to MT: 26) is of the opinion that Rabbinic legislation falls under the rubric of "Do not stray ...
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How do I repeal rabbinic laws? Who to contact? What is the process?
As far as I know there are currently no rabbis who are actively involved in legislating rabbinc-level laws. Those laws were set in stone centuries ago. As DoubleAA mentioned in the comments on your ...
- 24.5k
7
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How do I repeal rabbinic laws? Who to contact? What is the process?
Orthodox Jews live their lives based on rules explained/instituted by great Rabbis many years ago.
Throughout the generations many learned people have continued to interpret and apply those laws. ...
- 2,461
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What does Exodus 21:28 mean if an Oral Torah was given at Sinai?
The Talmud addresses this issue in Bava Kamma 41a:
ת"ר ממשמע שנאמר (שמות כא, כח) סקל יסקל השור איני יודע שנבילה היא ונבילה אסורה באכילה מה ת"ל לא יאכל את בשרו מגיד לך הכתוב שאם שחטו לאחר ...
- 57.9k
7
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What is the basis that allows Rabbis to create laws?
This is answered directly by Rambam in his introduction to the Mishna Torah. This authority to make new laws was taught directly by Moshe Rabbeinu as cited below from Deuteronomy 17:11.
"The mitzvot ...
- 13.4k
6
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What is the basis that allows Rabbis to create laws?
The comments, above, approach the correct analysis.
This question is discussed in detail in Talmud Shabbat 23a, near the middle of the page (as seen in the Sefaria site).
There is a statement that ...
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6
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Rabbinic prohibitions among Noachide laws
The Lechem Mishna to the Rambam Hilchos Melachim 10:9 says that the fact that a non-Jew is not allowed to keep Shabbos or learn Torah is, in fact, a Rabbinic prohibition.
So according to that, there ...
- 31.7k
6
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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 ...
- 96.3k
6
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Why is the bracha on mashed potatoes "haadama" despite being mashed up but the bracha on applesauce is "shahakol" unless there are pieces in it?
In Rabbi Pinchos Bodner’s book “Halachos of Brachos” on page 406 and 409 he explains in the name of R’ Scheinberg, R’ Elyashiv, R’ Shlomo Zalman and others, that mashed potatoes should be hadama since ...
- 8,589
5
votes
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Are Magna-Tiles allowed on Shabbat?
THIS JUST IN: According to Orchos Shabbos chapter 9 siff 13, one must warn their chinuch aged child not to use building blocks such as Lego or the like to build a house or anything which has an Ohel ...
- 33k
5
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Queen Heleni was married to her brother--but I thought she kept all the derabanans
Here is the relevant text from Josephus (Antiquities of the Jews, Book 20, ch. 2):
"About this time it was that Helena, queen of Adiabene, and her son Izates, changed their course of life, and ...
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5
votes
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Why make the Kohen burning the Para Aduma rabbinically impure?
The Ritva asks this very question on Yuma daf 2a and answers it.
לפיכך בשעת שריפתה היו נוגעין בו כדי לטמאו: ואף על גב דטומאה זו אינה אלא מדרבנן הא אית בה הכירא לצדוקין שיודעין היו דלדידן טהרת ...
- 11.3k
5
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Doesn't gezera affect the Torah?
I think the wording was imprecise vis-a-vis "amendments."
There are the original laws of the Torah, which can never be violated. If the Torah says "thou shalt not", that means "thou shalt not", no ...
- 129k
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If a Jew violates a Rabbinically established "fence" on a law, is that the same as sinning against Hashem?
According to Rambam (discussed here), the obligation to listen to the rabbis is itself Biblical, on the basis of "Do not stray from all that they tell you" (Deut. 17:11). According to Ramban (...
- 35.3k
5
votes
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Have there been instances where decisions in the Sanhedrin or Rabbinical decisions concerning Jewish practice have been reversed upon later review?
In Berachot 23a the Sanhedrin ruled that tefillin must not be brought in a bathroom. So people would leave them outside. But they frequently got stolen. So the Sanhedrin reversed its ruling.
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5
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Gezel in Rabbinical regulations
There are many rabbinic enactments/prohibitions related to monetary matters. Here is a sampling from the Rambam (translations from Chabad.org):
Gezelah 6:7
דברים הרבה אסרו חכמים משום גזל; והעובר ...
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Why did rebbi Yishmael Ben Elisha as a Kohen Gadol want to bring a "Chatos Shmeina"
R. Chaim Kanievsky was asked this question (see Derech Sichah p. 337.)
He answered (based on Tosafot Yevamot 104a s.v. amar rabbi yishma'el) that there were two different tanna'im with this name, only ...
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5
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Why was Yom HaShoah not established as a fast day?
This is because Yom HaShoah is held on the 27th of Nissan, and it is halachically forbidden to establish a fast during the month of Nissan. (the fast of the firstborn does not fall under this ...
- 4,731
4
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Are nedarim considered Biblical or Rabbinic laws?
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 ...
- 73.6k
4
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Doesn't gezera affect the Torah?
A "Gezere" never makes a leniency, it only has the power to tighten the borders of a commendment.
Best examples are at Shabbos, e.g. according to the Torah one may tear a cloth in Shabbos if they ...
- 193
4
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Is it Halachically permissible to use tefillin peshutim if one cannot afford better tefillin?
To add to Michael Bloch's important points regarding purchasing t'fillin from a reliable seller and borrowing t'fillin for use in the meanwhile:
I'd advise you to CYLOR, but it seems from the Mishna ...
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4
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Is it Halachically permissible to use tefillin peshutim if one cannot afford better tefillin?
There are two issues at play here. First is whether the tfilin are kosher now. Second is how they will keep over time.
On the second, it is clear that pshutim don't hold very well over time and for ...
- 44.7k
4
votes
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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, ...
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4
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Why are there no "deRabanan regulations" on the Ben Sorer uMoreh Mitzvah?
מלתא דלא שכיח ליה לא גזרו ביה רבנן - the Rabbis only initiated decrees on things which are common.
The Ben Sorer uMorer is an uncommon scenario (perhaps an impossible scenario), and therefore there ...
- 5,292
4
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Are there unresolved ‘tekus’ in the Talmud later resolved in responsum?
It's untrue that cases left with a תיקו are primarily far-fetched and unusual ones. There are many practical cases, and they are treated by the poskim as unknowns, decided by the usual rules of doubt: ...
- 1,304
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