Tuesday 15 March 2016

halacha - What is the level of "Divrei Kabbalah"?


There are times in the Gemara that laws are derived from Psukim in Nach. They are called "Divrei Kabbalah".


What status do they have (are they considered like Torah Laws or like Rabbinic laws).



For example, when in doubt, can one be lenient (like Rabbinic laws) or must one be stringent (like Torah laws)?



Answer



Unsurprisingly, it is a machlokes--the Turei Even in Megillah (5a, 5b, 19b) holds that we treat it like a de'oraisa, and there is some support for his view in the Meiri (19b)--but since following his principle answers questions of rishonim like Tosfos and the Ran, apparently they did not think it was true. [Unless you say that they agree to the principle, but disagree about the application to reading megillah--a machlokes of its own.] A number of other acharonim agree with the "Turei Even's principle," see, e.g., Taz, orach chaim 687:2, Avnei Nezer, orach chaim 516:21.


No comments:

Post a Comment

readings - Appending 内 to a company name is read ない or うち?

For example, if I say マイクロソフト内のパートナーシップは強いです, is the 内 here read as うち or ない? Answer 「内」 in the form: 「Proper Noun + 内」 is always read 「ない...