Klalei Halacha: Difference between revisions
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==Safek Derabbanan Lkula== | ==Safek Derabbanan Lkula== | ||
# There is a discussion if safek derabbanan lkula allows doing something initially or only after the fact. Some rishonim hold it is only permitted after the fact.<ref>Reem on Samag Megillah writes that the principle of Safek Derabbanan is only permitted after the fact. Ran Menachot 65a agrees. Rav Ovadia in Chazon Ovadia v. 1 p. 201 supports this from the position of the Ran, Maharam Chalavah, and Raavad that when it is easy we should be strict for a safek derabbanan.</ref> However, others hold that safek derabbanan is permitted even initially.<ref>Ramban Yevamot 24a, Rashba (responsa 4:48). Pri Chadash (Klalei Safek Safeka 110:4) holds that safek derabbanan is permitted even initially. Rav Ovadia cites many who agree including the Get Mekushar 147c, Divrei Emet 9:4</ref> | # There is a discussion if safek derabbanan lkula allows doing something initially or only after the fact. Some rishonim hold it is only permitted after the fact.<ref>Reem on Samag Megillah writes that the principle of Safek Derabbanan is only permitted after the fact. Ran Menachot 65a agrees. Rav Ovadia in Chazon Ovadia v. 1 p. 201 supports this from the position of the Ran, Maharam Chalavah, and Raavad that when it is easy we should be strict for a safek derabbanan.</ref> However, others hold that safek derabbanan is permitted even initially.<ref>Ramban Yevamot 24a, Rashba (responsa 4:48), Rambam (Blau siman 308, 310). Pri Chadash (Klalei Safek Safeka 110:4) holds that safek derabbanan is permitted even initially. Rav Ovadia cites many who agree including the Get Mekushar 147c, Divrei Emet 9:4</ref> | ||
# Some say that everyone agrees that safek isur derabbanan lkula is permitted even initially, but only a safek mitzvah derabbanan lkula is to be avoided initially.<Ref>Rav Ovadia citing the Mutzal M'esh 13 based on Menachot 68b, Michtam LDovid 17 s.v. amnam</ref> | # Some say that everyone agrees that safek isur derabbanan lkula is permitted even initially, but only a safek mitzvah derabbanan lkula is to be avoided initially.<Ref>Rav Ovadia citing the Mutzal M'esh 13 based on Menachot 68b, Michtam LDovid 17 s.v. amnam</ref> | ||
#There is a dispute if safek derabbanan lkula applies to an area of halacha that is primarily deoritta even if this application is derabbanan.<ref>Rashba Eruvin 11a s.v. may is strict on a doubt regarding walls for an eruv even in a case that it is derabbanan since there's another 3 walls, because in general the halacha of having walls for an eruv is deoritta. He cites two sources for this and expands this to a general concept that we're strict anywhere that the primary discussion is deoritta.</reF> | #There is a dispute if safek derabbanan lkula applies to an area of halacha that is primarily deoritta even if this application is derabbanan.<ref>Rashba Eruvin 11a s.v. may is strict on a doubt regarding walls for an eruv even in a case that it is derabbanan since there's another 3 walls, because in general the halacha of having walls for an eruv is deoritta. He cites two sources for this and expands this to a general concept that we're strict anywhere that the primary discussion is deoritta.</reF> | ||
