[Avodah] Gezeiras haKasuv

[Harry Maryles]

--- On Tue, 10/25/11, Micha Berger <micha at aishdas.org> wrote:


On Tue, Oct 25, 2011 at 08:38:23AM -0700, Harry Maryles wrote:
: Minor quibble: AIUI Seir B'Isha Erva is not a Gezeras HaKasuv. It
: is a D'Oraisa MeiDivrei Sofrim. There is no explicit pasuk that says a
: married woman must cover her hair. It is extrapolated from Sotah.

I don't understand how you use these terms. Until this email causing my
current confusion, I thought:

divrei soferim: a derabbanan created by someone serving the role later
    called "rav" who happens to be a navi and therefore knows HQBH
    agrees with the taqanah. Nevu'ah can't create a din, this is clearly
    derabbanan; but one POST FACTO ratified by HQBH.

    E.g. the whole issue of whether megillah is derabbanan or midivrei
    soferim, or midivrei soferim for men and derabbanan for women.

gezeiras hakasuv: I took to mean that we do simply because the Torah
    says so, and we therefore divorce its details from any rules we
    can comprehend. (Kind of like a mitzvah could be a choq, but specific
    dinim within a mitzvah that makes sense overall could be gezeiros
    hakasuv.)

I don't think I ever thought about whether derashos could be gezeiros
hakasuv. But that's not relevent here, since the deduction is sevara
(a logical deduction), not derashah (via the 7/13/19/32 middos). If
the sotah uncovers her hair, then we deduce from needing to state this
exception that the rule is a married woman would cover hers. ("The
exception that proves the rule.")
-----------------------------------------
 
I saw it in a secondary source (I no longer recall the Sefer or the subject) that understands the Rambam this way:
 
Gezeiras HaKasuv –  a D’Oraisa specifically written in the Torah – e.g. Melacha on Shabbos
 
MeDivrei Sofrim – a D’Oraisa derived from Pesukim (via the Shelosh Esreh Midos ShaHtorah Nidreshes Bohem etc.)– e.g. the Daas Moshe of a married woman covering Rov of her hair.
 
D’Rabbanan – a Gezeria that is B’Geder Shvus – e.g. Muktza
 
HM

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