[Avodah] listening to governments and derabbanan

Marty Bluke via Avodah avodah at lists.aishdas.org
Tue Jun 7 03:43:04 PDT 2016


R' Akiva Miller wrote:
"Okay, so every d'rabanan is actually a d'Oraisa. Is that problematic? I
always thought that was in fact how we hold.

(Even if d'Oraisa, we can still use rules like "safek d'rabanan l'kula",
because that's how they legislated it from the beginning.)"

What you suggested is what the Ran says, however, the Ramban explicitly
rejects this idea.

R' Meir Simcha in the Meshech Chochma on Shoftim has a fascinating
explanation of the Rambam. He says that every din d'rabbanan is not
necessarily a fulfillment of the will of Hashem and in fact may not be what
Hashem wants. The proof is that the Rambam paskens based on the Gemara that
a later greater Beis Din can be mevatel a takana of an earlier Beis Din. If
every takana was the will of Hashem how could that be? Therefore, he
explains that by dinim d'rabbanan what is not important is the actual
mitzva act, but the fact that you listened to the Chachamim and did not
rebel against their words. The issur of lo tasur is an issur to rebel
against the Chahamim, to not listen to them. Given that, we understand why
sefeka d'rabbanan lekula because the act of doing the mitzva is not the
main point, the point is listening to the chachamim, once it is a safek,
there is no need to do the act because it is not so important (contrast
that to a mitzva d'oraysa where the act is clearly and unequivocally the
ratzon hashed) and is not considered a rebellion against the chachamim.
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