<br><br><div><span class="gmail_quote">On 10/1/07, <b class="gmail_sendername">Goldmeier</b> <<a href="mailto:goldmeier@012.net.il">goldmeier@012.net.il</a>> wrote:</span><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
while it keeps getting mentioned in the discussion that shmitta is only<br>d'rabanan anyway (and therefore there is room to be meikil), I have not<br>heard any Rav use that as a reason to be meikil. I have heard many<br>
shiurim on shmitta issues leading up to shmitta and asked a number of<br>shailos and read books, yet that "svara" has never been mentioned by a<br>Rav. I only hear it from laymen (no insult intended - I have said it
<br>myself in discussion as well and am more of a layman than anyone else on<br>Avodah!).<br><br>Does anyone know if that svara really applies and is used in piskei<br>halacha on shmitta issues? And if not (as I think is the case), why not?
<br>The fact is it is d'rabbanan, so why do we treat it so seriously?<br><br>Kol tuv<br>Rafi<br></blockquote></div><br>See The Gmara in Shabbos at the end of the 2nd perek re: t2 kinds of Eruvin<br>Techumin and hatzeiros are qualitatively different
<br>Techumin has a semach mi'doraisso<br>Hatzeiros does not.<br><br>Extrapolate to the following 'derabbnanans"<br><ol><li>Marror bizman hazeh</li><li>Sefiras Ha'omer according to many poskim</li><li>shmitta bizmahn hazeh
</li></ol>What have they in common? They are essential d'orrasio's that have been reduced to derbannan's<br><br><ol><li>Marror - lack of Korban Pesach</li><li>Sefiras Ha'omer - lack of ketziras ha-omer</li>
<li>Shmitta - lack of criteria for yoveil</li></ol>I would posit the hypothesis that an essential d'orraiso that has been reduced to Derabbana status is stronger than a simple "pure" Derabbanan.<br><br>Other "strong" derabbanans include:
<br><ol><li>YT sheini shel galiyus</li><li>According to some the gzeiros on Bishul - shehiya, hazarr, and Hatmanas -s s'feikam lechumra for that reason. The g'zeriso are construed as d'orraisso derivitaves. [See S. Edier's book on Hilchos Shabbas]
</li></ol>I am not sure if the poskim are consious of this conecton, or just aware that the trend with shmitta has been to be machmir so they are perpetuating a pre-existing approach. THAT approach might have been due to these reasons.
<br><br>Since I know extremly little re: Shemitta itself, I am only guessing. OTOH, regarding the aforementioned inyanim there is a lot of material demonstrating this phenomenon. <br> <br clear="all"><br>-- <br>Gmar Tov
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