[Avodah] derabbanan

Eli Turkel via Avodah avodah at lists.aishdas.org
Tue Jul 12 11:59:57 PDT 2016


<<IOW, if there is no chiyuv de'oraisa to resist tei'avon to obey a
derabbanan, then how could the chakhamim create the meta-chiyuv in a
way that we would be duty-bound to obey? The meta-chuyuv too is versus
to'eivah, not rebellion. >>

R Avraham's main thesis is that whenever we are stumped by a dichotomy the
only way out is to find some middle ground. In our case there are two ways
of learning from a pasukh
1) the case of interest is a detail of the pasuk (hitpartot) in which case
it is a deoraisa
2) asmachta which makes it a derabbanan

Basically, Micha's question is that whichever we choose for "lo tasur" we
are in trouble.
RMA's answer is that there is a third possibility what he calls his-taa-fut
- branching out.
This is something that comes from the pasuk but indirectly.
He gives the example of a neder. The Torah says one must keep a neder.
However, it is the human that decides exactly what the neder says.

This third possibility is in between the first possibilities. This "branch"
comes from the pasuk "to tasur" but creates a derabban and not a deoraisa.
Someone who violates a derabbanan has not violated a torah prohibition.

RMA also pointed out that the Ritva claims that there are two kinds of
asmachta. One is just a device for memory and is a pure derabbanan. However
there is a second asmachta which is really hinted at by the pasuk.
Nevertheless it has a status of a rabbinic law.

RMA the claims that both the Rambam and Ramban agree to this even though
they seem to disagree. He the goes another step and says that nevertheless
they have a disagreement. Rambam holds that chazal are representatives of
G-d. However the Ramban disagrees as sees chazal as "shiluche didan" and we
must listen to chazal as a natural extension that we accepted on ourselves

this covers about 100 pages out of 500 in his book!!

-- 
Eli Turkel
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