As we have seen, Jewish law includes both laws that come directly from the Torah (either expressed, implied or deduced) and laws that were enacted by the rabbis. In a sense, however, even laws enacted by the rabbis can be considered derived from the Torah: the Torah gives certain people the authority to teach and to make judgments about the law (Deut. 17:11), so these rabbinical laws should not be casually dismissed as merely the "laws of man" (as opposed to the laws of G-d). Rabbinical laws are considered to be as binding as Torah laws, but there are differences in the way we apply laws that are "d'oraita" (from the Torah) and laws that are "d'rabbanan" (from the rabbis).
The first important difference is a matter of precedence: d'oraita takes precedence over d'rabbanan. If two d'oraita rules come into conflict in a particular situation, rules of precedence are applied to determine which rule is followed; however, if a d'oraita rule comes into conflict with a d'rabbanan rule, the d'oraita rule (Torah rule) always takes precedence. Do we fast on Yom Kippur when it falls on Shabbat? These are both d'oraita, so rules of precedence must apply. Specific rules take precedence over general rules, so the specific rules of Yom Kippur fasting takes precedence over the general rule of Shabbat joy, and yes, we fast on Yom Kippur on Shabbat. However, the other fasts on the Jewish calendar are d'rabbanan, so the d'oraita rule of Shabbat joy takes precedence, and other fasts that fall on Shabbat are moved to another day.
The second important difference is the strictness of observance. If there is doubt (in Hebrew: safek) in a matter that is d'oraita, we take the strict position (in Hebrew: machmir) regarding the rule; if there is doubt in a matter that is d'rabbanan, we take the lenient position (in Hebrew: makil) regarding the rule. In Hebrew, this rule is stated: safek d'oraita l'humra; safek d'rabbanan l'kula. This is easier to understand with an example: suppose you are reading the morning prayers and you can't remember whether you read Bar'khu and Shema (two important prayers). You are in doubt, safek. The recitation of Shema in the morning is a mitzvah d'oraita, a biblical commandment (Deut. 6:7), so you must be machmir, you must go back and recite Shema if you are not sure whether you did. The recitation of Bar'khu, on the other hand, is a mitzvah d'rabbanan, a rabbinic law, so you can be makil, you don't have to go back and recite it if you are not sure. If you are certain that you did not recite either of them, then you must go back and recite both, there is no doubt so no basis for leniency.
_________________
I wish I was a Succubus
02 Nov 2011, 5:07 pm
