More Discussions for this daf
1. Machlokes in a Halachah le'Moshe mi'Sinai 2. Halachah l'Moshe mi'Sinai 3. More Kosher S'chach than Pasul S'chach
4. Kosher S'chach being supported by Pasul S'chach 5. Porutz Meruba and Pasei Biroyos 6. Lechi ha'Omed mei'Eilav
DAF DISCUSSIONS - ERUVIN 15

Jeff Ram asked:

Dear Rabbi Kornfeld:

Our gemara brings a machlokes between Rav Papa and Rav Huna Brei de'Rav Yehoshua. [Your Review Question # 11(a)] Each bases his opinion regarding 'Parutz ke'Omed' on the fact that "Hash-m told Moshe". It came up in our shi'ur that there is a machlokes Rishonim between the Rashba and the Ra'avad regarding whether "halacha L'Moshe mi-Sinai" is halacha d'Oreisa or not. The Rashba holds that it is in the category of d'Oreisa, and therefore, it would have several nafka mina's l'halacha, for instance, regarding s'feikos, etc. However, I wasn't clear on how the Ra'avad held. These halachos are certainly not d'Rabanan, but yet, he says they're not d'Oreisa either. Could you explain and expand on this machlokes Rishonim?

warm regards,

Jeff Ram, Jerusalem

The Kollel replies:

We are not aware of any Machlokes Rishonim regarding whether a Halacha le'Moshe mi'Sinai is d'Oraisa or d'Rabanan. There is a Machlokes between the Rambam and Ramban whether Halachos le'Moshe mi'Sinai are called Divrei Sofrim or Divrei Torah (in a Daf-Discuss mailing for Shabbos 87 we once showed that the Rambam calls it Divrei Kabalah in Mishnah Torah), as well as a Machlokes regarding a Safek in a Halachah le'Moshe mi'Sinai, whether we go l'Chumra like any other Safek d'Oraisa, or we go l'Kula, as you mentioned. But even according to the opinions that we go l'Kula, the Halachah le'Moshe mi'Sinai itself is d'Oraisa in status, just like Kidushei Kesef (see Magid Mishnah Ishus 1:2).

In addition, there are several ways that a Halachah le'Moshe mi'Sinai differs from a law written explicitly in the Torah (for example, there is no punishment from Beis Din for transgressing an Isur which is a Halachah le'Moshe mi'Sinai; also, we do not learn out Kal v'Chomer from a Halachah le'Moshe mi'Sinai according to some Tana'im.)

Regards,

M. KORNFELD