<div dir="ltr">Last week R Michael Avraham continued his series and talked about the second shoresh of the sefer hamitzvot - <div>This is the most difficult shoresh discussing why mitzvot learned through the 13 middot are not considered as Biblical mitzvot.</div><div><br></div><div>A short summear</div><div>1) Since the Shoresh was written in Arabic many rishonim did not have access to it. It is claimed that the Rambam later regreted not writing it in Hebrew. Though translated it was not well known in many circles.</div><div><br></div><div>2) Moshe Rabbenu knew only general rules. The later rabbis developed details and used the derashot to base them. Similar to grammar (dikduk) where people knew intuitively the rules but only many centuries later were formal rules developed.</div><div><br></div><div>3) Tashbetz - Rambam is only talking about the immediate source of the halacha. However the substance (tochen) is from the Torah.</div><div>Problem is that it doesnt't seem to fit into the words of Rambam</div><div>Furthermore Rambam in a teshuva stresses that marriage with money is derabban and so one can't claim that what is in Yad Chazakah is a mistake.</div><div>Ramban - accepted the Rambam literally but disagreed with him</div><div><br></div><div>4) The second shoresh is rarely quoted in the Yad Hazakah. A few exceptions include<br clear="all"><div><div>a) marrying a woman through money (or a ring) seems to be only derabban while using a "shtar" which is also learned from a drasha is de-oraisa</div></div><div>b) suppressing one's prophecy - there is no "azhara"</div><div>these seem to contradict the Tashbetz but OTOH there are only a "few" exceptions</div><div><br></div><div>So it seems that the Tashbetz is usually correct but there are exceptions.</div><div><br></div><div>RAM's basic claim is that there are 2 types of drashot - somchot and yotzrot. Somchot means the drasha expands and explains a known Torah law. It may be known through mesorah or verify something known by logic.</div><div>Yotzrot means that ir creates a new halacha not previously known (the concept is already used by Ralbag with hints in Kuzari and Ohr Hashem. Most drashot are somchot and they create a deoraisa as explained by the Tashbetz. However there are a few exceptions - yozrot - which are rabbinic. The second shoresh is talking about the drashot yotzrot whic the Rambam says is derabban. However, there are only a handful of these. The vast majority are somchot are indeed the Yad Chazaka lists these as Torah commandments.</div><div><br></div><div>Example - marrying a woman through "money" is learned by a gezera shava "kicha-kicha" which is yozeret. In this case we use the Tashbetz that the source is rabbinic but the content is Biblical.</div><div><br></div>-- <br><div class="gmail_signature"><div dir="ltr"><font color="#000099" face="'comic sans ms', sans-serif">Eli Turkel</font></div></div>
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