Safeiq deRabbanan

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9 Responses

  1. The Tashbetz (in Zohar HaRukiah) explains that by every takana that chazal made, they inserted a clause that says that in a case of safeik, one should go l’kula in an effort to differentiate between dinim that are min hatorah and dinim that are from the rabbonim. See Shuv Shmaytsa, Shmaytsa Aleph, End of Perek Gimmel.
    ==
    Reb Chaim HaQoton
    http://rchaimqoton.blogspot.com

  2. micha says:

    RChQ — that’s exactly the opinion RAR gives from the Ramban on Seifer haMitzvos shoresh 1.

    I also suggested that according to RSS, one needn’t say it was a condition in every derabbanan. One can instead say it’s a condition in a single derabbanan — the one that says “safeiq deOraisa lehachmir”.

    -mi

  3. micha says:

    Ben Chorin,

    Thanks.

    I replied there with a teaser to go see this.

  4. CG Steinmetz says:

    Concerning #6 (about shmitta), see Chasam Sofer Gitten 36a where he brings the SM”A, seems to agree with it, and explains the sugya on that basis.

  5. Michael Makovi says:

    RambaM in Hilhot Teshuva rules that we need not do teshuva for violating a d’rabbanan b’shogeg, and my rabbi explained that since a d’rabanan is only an issue of rebelling against the rabbis, a violation b’shogeg is really not a sin at all. Only a d’oraita involves intrinsic nature, whatever that nature is (metaphysical or otherwise). It is interesting that this rabbi of mine is a Rav Kook-ian who follows heter mechira (see R’ Micha on Hazon Ish).

    Based on this, I’ll offer an alternative to R’ Shkop’s explanation:
    Now, every d’rabanan involves the d’oraita of obeying the rabbis. R’ Shkop explains that the rabbis told us safek d’oraita l’humra, and they themselves said this only about 612 mitzvot and not the 613th of obeying the rabbis. But perhaps this one particular d’oraita (of obeying the rabbis) is special min haTorah (contra R’ Shkop), in that it can only be violated b’meizid, and that a violation b’shogeg is lo klum clal. Most mitzvot have violations b’shogeg, which are patur even though not hayav. But maybe the mitzvah of obeying the rabbis is only shayach to meizid, and not shayach to shogeg clal; violating b’shogeg involves no rebellion at all (clal), and maybe Hashem exempted this one mitzvah from shogeg b’clal. Indeed, regarding R’ Shimon Shkop, R’ Micha wrote “it’s possible that we could limit the rabbinic enactment of ruling stringently on Torah law to have only been made about the other 612 laws”; only I’m suggesting that **d’oraita**, we are l’humra on the 612 d’oraitas and l’kula on the one d’oraita of obeying the rabbis, whereas R’ Shkop said **d’rabanan** we are l’humra on the 612 and l’kula on the one.

  6. Michael Makovi says:

    The Torah, in the parshah of the zaken mamre, tells us that if the rabbis say such and such, then we must do so.

    Perhaps this mitzvah intrinsically involves obeying (or not obeying) the rabbis davka when you actually heard them and you know what they said.

    In other words, a violation b’shogeg would not be a violation at all, because it is totally beyond the mitzvah’s parameters.

    The Torah says not to eat pork. Even if you eat pork by accident, you still ate pork. Nebach, you still sinned.

    But with obeying the rabbis, the mitzvah is davka to do what they say when you hear them tell you to do such and such, and you know what they said, with full cognizance, and you violate with full cognizance. So violating b’shogeg is totally beyond the parameters of the mitzvah, unlike eating pork.

  7. Michael Makovi says:

    If so, then violating a d’rabanan b’shogeg does NOT violate the d’oraita of obeying the rabbis, and only violating a d’rabanan b’meizid is a violating of the d’oraita of obeying the rabbis. Therefore, safek d’rabanan l’kula makes sense; if the safek turns out to be false, and the d’rabanan really did apply in the case, well, your violation was in good faith (it was not a deliberate rebellion against the rabbis), and so it was b’shogeg, and so it was not shayach clal to the d’oraita of listening to the rabbis.

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