De'oraita and derabanan

When de - Oraita and de - Rabbanan ( Aramaic דְאוֹרָיְתָא ודְרַבָּנָן; Hebrew שֶׁל הַתּוֹרָה ושֶׁל רַבּוֹתֵינוּ ) is a distinguishing feature of the Jewish Talmudic interpretation.

Content

Description

A principle in Jewish legal philosophy and theory is the distinction of laws, rules and regulations ( Halachot and Taqqanot ) into those that directly divine origin ( de - Oraita, Aramaic: דְאוֹרָיְתָא or mi -de- Oraita Aramaic מִדְּאוֹרָיְתָא, Hebrew שֶׁל הַתּוֹרָה, German: from the Torah ), and further defined by rabbis and legal scholars ( de - Rabbanan Aramaic: דְרַבָּנָן or mi -de- Rabbanan Aramaic: מִדְּרַבָּנָן, Hebrew שֶׁל רַבּוֹתֵינוּ, translated German rabbanitisch, literally " from our rabbis ").

The distinction is often not easy because under de - Oraita not only in the Torah written fixed rules are counted, but also those who are using the interpretation ( Midrash, Hebrew מִדְרָשׁ ) are extracted from the text can, as well as the oral tradition attributed to laws of Moses at Sinai (Hebrew הֲלָכָה לְמֹשֶׁה מִסִּינַי - halacha le- Moshe mi - Sinai ).

Examples

It may happen that a seemingly uniform text as the Jewish table prayer ( Birkat ha - Mason, Hebrew בִּרְכַּת הַמָּזוֹן ) is both de - Oraita and de - Rabbanan: During the first three benedictions biblical origin, is the fourth to date from the period after the destruction of the Second Temple and thus rabbinical origin, ie de - Rabbanan.

Another example is formulated in the Jewish dietary commandments separation in fleshy, milky and neutral food as well as the prohibition of cooking meat in milk. The underlying set of " Thou shalt not boil a kid in its mother's milk. " (Ex 23,19 EU) is a biblical origin, the separation thus de - Oraita, even if a set of specifications and interpretations of later jurists came from.

One example is called Yitzhak Frank from Psachim 120, A: "The eating of matza nowadays is a mitzva of Torah status, Whereas the eating of bitter herbs is a law of hakhamim " (Eng. Eating matzo is a commandment of the Torah comes while eating the bitter herbs, a law of the wise is ).

" מַצָּה בזְמַן הזֶה דְאוֹרָיְתָא, ומָרוֹר דְרַבָּנָן "

Another example is called Yitzhak Frank from Psachim 4.2: " searching for hametz is a mitzva of Rabbinic status, accor ding to Torah law Because, verbal nullification is sufficient" (Eng. The Search for the crumbs is a law rabbinic kind because actually according to the law of the Torah, the verbal annulment is sufficient)

" בְּדִיקָת חָמֵץ דרבנן הוא מִדְּאוֹרָיְתָא בבִּטּוּל בְּעָלְמָא סַגִּי "