[Avodah] heter mechira produce - d'rabanan

[Micha Berger]

On Mon, Oct 08, 2007 at 11:51:07PM +0200, saul mashbaum wrote:
: 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.

We once discussed a taxonomy of dinim deRabbanan. It started with a
shiur I attended by R' Yonasan Sachs (YU and Agudah of Passaic, not the
CR of the UK), which then became part of the scj FAQ, and when posted
here people pointed me to more sources.

The resulting understanding that I reached is at:
<http://www.aishdas.org/asp/2006/02/types-of-halachic-rulings.shtml>.
Among the issues is which kind of derabannan is more chamur than which,
and when.

Eg: As RSM writes: din requires a maaseh, a gezeirah can be an issur
against doing nothing. OTOH, ein danin gezeirah al gezeirah has no
parallel for dinim derabbanan.

: 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.

RYS argued that chazarah is a melakhah derabnnan, but shehiyah is a
gezeirah. However, the Tif'eres Yisrael splits wht he called gezeiros
into cheshahos and siyagos, so it would take some work (and perhaps
chasing the link to my blog entry) to decide where shehiyah falls.

I am thrilled RSM invites us to refine/correct the model.


However, WRT shemitah, the CI doesn't simply use the fact that it's
derabbanan to advocate for otzar BD. Rather, he expresses his concern
that the fact that shemittah is not deOraisa means that the berakhah
guaranteeing parnassah does not apply. I'm not sure how generalizable
that is to how we handle dinim deRabbanan in general.

If you're still in the mood to hit my blog, that's at
<http://www.aishdas.org/asp/2007/07/safeiq-derabbanan.shtml>.

The Rama allows us to apply safeiq deRabanan lequlah in cases where we
can not be mevareir the din. This is where you will see a shu"t pile up
the senifim lehaqeil showing there is at least a meaningful safeiq.

Tir'u baTov!
-Micha

-- 
Micha Berger             Our greatest fear is not that we're inadequate,
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