De-oraita and de-rabbanan
At de-oraita and de-rabbanan ( Aramaic דְאוֹרָיְתָא ודְרַבָּנָן Hebrew שֶׁל הַתּוֹרָה ושֶׁל רַבּוֹתֵינוּ) is a distinguishing criterion of the Jewish interpretation of the Talmud .
content
description
A principle in Jewish legal philosophy and theory is the distinction between laws, regulations and ordinances ( Halachot and Taqqanot ) into those that are directly divine in origin ( de-oraita , Aramaic דְאוֹרָיְתָאor mi-de-oraita Aramaic מִדְּאוֹרָיְתָא, Hebrew שֶׁל הַתּוֹרָה, Eng .: from the Torah ), and others defined by rabbis and legal scholars ( de-rabbanan Aramaic דְרַבָּנָןor mi-de-rabbanan Aramaic מִדְּרַבָּנָן, Hebrew שֶׁל רַבּוֹתֵינוּ, German rabbanite , literally translated: "by our rabbis").
The distinction is often not easy, since the de-oraita not only includes the written regulations in the Torah, but also those that are dealt with with the help of the interpretation ( Mi-drasch , Hebrew מִדְרָשׁ) can be obtained from the text, as well as the oral tradition ascribed to the laws of Moses on Sinai ( Hebrew הֲלָכָה לְמֹשֶׁה מִסִּינַי- Halacha le – Moshe mi – Sinai ).
Examples
It can happen that a seemingly uniform text such as the Jewish grace (Birkat ha-Mason, Hebrew בִּרְכַּת הַמָּזוֹן) is both de-oraita and de-rabbanan : While the first three blessings are of biblical origin, the fourth is to be dated from the time after the destruction of the second temple and is therefore of rabbinic origin, i.e. de-rabbanan .
Another example is the separation into meaty, milky and neutral dishes as formulated in the Jewish dietary laws , as well as the prohibition on cooking meat in milk. The underlying sentence “You shouldn't boil the kid in its mother's milk” ( Ex 23.19 EU ) is of biblical origin, the separation thus de-oraita , even if a number of specifications and interpretations come from later legal scholars.
Yitzhak Frank gives an example from Psachim 120, A:
|
|
| - פסחים קכ, א | |
"(The eating of) matzo at this time (is an order that comes from) the Torah, but (the eating of) bitter herb (is an order) of the rabbis."
Yitzhak Frank gives another example from Psachim 4,2:
|
|
| - פסחים ד, ב | |
"The search for the sourdough crumbs is (an order) of the rabbis, because according to the Torah, verbal annulment is actually sufficient."
literature
- Yitzhak Goldfine: Introduction to Jewish Law. A historical and analytical study of Jewish law and its institutions. Supplement 2 to the journal Constitution and Law in Übersee ( ISSN 0342-1228 ), Ed .: Hamburg Society for International Law and Foreign Policy, Hamburg 1973, DNB 730522741 .
- Yitzhak Frank: The practical Talmud dictionary . Ariel, United Israel Institutes, Jerusalem 1991.
Individual evidence
- ↑ "This term usually with aדְ prefix, designates a mitzva to be of Torah origin and Torah Status, as opposed to a law enacted by the hakhamim. "Frank, p. 6 [אוֹרָיְתָא]. In German: This term with the prefixדְ refers to a commandment that comes from the Torah and is therefore of equal importance to the rules of the Torah. In contrast to this are the laws promulgated by the wise.
- ^ "[...] of Rabbinic Status as opposed to a mitzva of Torah status", Frank, p. 237 [רַבָּנָן of the hakhamim →דְרַבָּנָן]. In German: "[...] with rabbinical status. In contrast to a commandment that enjoys the same rank as the Torah. "
- ^ Birkat ha-Mason . In: The scientific Bible lexicon on the Internet (WiBiLex); Retrieved November 10, 2013.
- ^ Frank, p. 6 [אוֹרָיְתָא ], P. 73 [דְרַבָּנָן] and p. 237 [רַבָּנָן of the hakhamim →דְרַבָּנָן]: "The eating of matza nowadays is a mitzva of Torah Status, whereas the eating of bitter herbs is a law of hakhamim."
- ↑ Frank, p. 6 [אוֹרָיְתָא]: "searching for hametz is a mitzva of Rabbinic Status, because according to Torah law, verbal nullification is sufficient."