[Avodah] D'rabanan vs. D'oraita

[kennethgmiller at juno.com]

I wrote:
> I would [argue] that this applies only if both were Real
> Rabbis, that is to say, with Real Semicha -- which we do not
> have today. Today, they would both be affected the same way,
> though were can't be certain whether it was Rabbi X or Rabbi
> Y who was correct.

In the thread "derabban and deoraisa", R' Eli Turkel asked:
> Real Semicha makes a difference for a bet din, malkot or
> monetary fines why should it make a difference for Yoreh
> Deah type questions?

I admit that I could be wrong, but my logic is this: Without Real Semicha, a Rabbi (Rav, Posek, Chacham, Gadol Hador, whatever) is just an ordinary Jew who knows a lot of Torah. If he has Today's Kind Of Semicha, then he also has permission from his teacher to answer questions about halacha.

But when he answers questions about halacha, he is simply telling us that according to his view of things, the halacha ought to be this way or that way. He does NOT have the authority to *obligate* us follow this halacha or that halacha. That authority is given only to Beis Din. (I think it is also given to the Av Beis Din, and I think it is a machlokes whether or not an individual Musmach has this authority.)

There is a common misconception that if my LOR paskens l'chumra to me on a given question, then I am obligated to do what he says or else I'll be punished for it, and that if he paskens l'kula, then I have carte blanche to follow his leniency. This is an urban legend; I have never seen or heard anything to justify the above beliefs. (Anyone who cites the Teshuvas HaRivash in support of it has seen a different version than I saw; from what I've seen of the Rivash, he discusses Today's Semicha purely in terms of a student having proper kavod for his teacher, and local rabbis staying off each other's turf.)

None of the above should be interpreted as allowed everyone to pasken for himself. A person should and *must* seek the counsel and advice of someone who knows more Torah than he does. The only error is in considering that advice to be *binding*.

Akiva Miller

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