[Avodah] Gezeiras haKasuv

[Micha Berger]

On Wed, Oct 26, 2011 at 06:22:28AM -0700, Harry Maryles wrote:
: 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.

I think the discussion boils down to whether you hold that derashos
are constructed following rules (Rambam, Maharal Tif'eres Yisrael 27)
or discovered (Tosafos). If the middos provide creative room, then one
can credit their results to the soferim.

See R Chaim Brown's discussion at
http://divreichaim.blogspot.com/2006/05/moshes-added-day-ii-divrei-sofrim-and.html

The problem I still have is how Megilas Esther can be called midivrei
soferim by the Rambam (at least for men). That was the data point around
which I formed my terminology.

Getting back to gezeiras hakasuv, the same machloqes would be involved.
The Rambam and Maharal couldn't call the product of a derashah "gezeiras
hakasuv" because it's the product of the interaction of people with
the kasuv. The baalei Tosafos could. Rashi appears to (Qiddushin 42a)
when he calls the derashah "ish" to exclude a qatan from shelichus (and
from shelichus in gitin to shelichus in general) as a "gezeiras hakasuv".

Last, the Rambam distinguishes between diverei soferim and derashos.

Also enlightening is an Avodah discussion from 1998:
    - RRD on the Rambam's 2nd shoresh and qiddushei kesef
	http://www.aishdas.org/avodah/vol02/v02n065.shtml#04
    - RDE's reply
	http://www.aishdas.org/avodah/vol02/v02n065.shtml#08 
    - R Dr Moshe Koppel poking holes in the reply (the Rambam's categorization
      in general raises so many problems, it becomes more an issue of which
      acharon you are filtering it through than the Rambam)
	http://www.aishdas.org/avodah/vol02/v02n066.shtml#07
    - R' David Glasner's (the "Dor Shevi'i" as I used to call him) summation
      of how he understands the term (a reply to RMK, but addresses RRD's
      original question
	http://www.aishdas.org/avodah/vol02/v02n067.shtml#04

For the second time in as many days, I find that an opinion I thought I
formed on my own (and still may have) appears in Avodah.

Tir'u baTov!
-Micha

-- 
Micha Berger             Between stimulus & response, there is a space.
micha at aishdas.org        In that space is our power to choose our
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