[Avodah] heter mechira produce - d'rabanan

saul mashbaum smash52 at netvision.net.il
Mon Oct 8 14:51:07 PDT 2007


RRWolpoe has posited several times that there are levels of strictness of d'rabbanans, based largely, but not exclusively, on closeness to some d'oraita, or lack thereof. 
This thesis is confirmed in the 6th chapter of R. Tzvi (Herschel) Schacter's Eretz HaTzvi. The perek discusses this concept in regards to the issurim d'rabbanan of Shabbat. 
Briefly, there are two categories of  issurim d'rebbanan of Shabbat: m'lachot d'rabbanan, and gzeirot. Muktza, refua, mekach umemkar, and amira l'nochri, among other things, are in the latter caregory. 
For the most part, the g'zeirot  are not as stringent as the m'lachot d'rabbanan. For example, they are permitted for a chole shein bo sakana, while the m'lachot d'rabbanan are forbidden in this case lacking some further cause for leniency such as shvut d'shvut.
In one respect the g'zeirot are more stringent than the m'lachot d'rabbanan: the latter require some action to be done, while the former can be violated even b'sheiv v'al taase (several examples are given, among them sh'hiyaa and hachzara). 
There is eveidence that even within the g'zeirot there are differing levels of stringency, ayen sham.
Saul Mashbaum
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