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1. Water fit for man; the size of the Torah; Enactments of Shlomo ha'Melech 2. Meaning of Torah Eruvin 21b shebe'Al Peh 3. Chiyuv Misah For Divrei Sofrim
4. Why Can't He Just Lean Rosho v'Ruvo Into The Well? 5. Burganin
DAF DISCUSSIONS - ERUVIN 21

Amos asks:

Hello, how do you explain this passage from the Talmud (Eiruvin 21b)?

My son, not be more careful in [the observance of] the words of the Scribes than in the words of the Torah, for in the laws of the Torah there are positive and negative precepts, but, as to the laws of the Scribes, whoever transgresses any of the enactments of the Scribes incurs the penalty of death. (The Babylonian Talmud edited by Rabbi Dr. Isidore Epstein of Jews' College, London, Soncino Press Edition, 1952)

Seems to contradict the Torah of G-d.

I would like a clarification in this regard.

Shalom

Amos, Europe

The Kollel replies:

I do not see why there is any contradiction to the Torah in this statement. The Talmud is stating that we know that the prohibitions and positive commandments in the Torah are not all punished with death. However, the sages, who are empowered by the Torah to do what they understand is correct as stated by the verse, "You should not veer from the word that they will tell you left or right", have stated that the transgression of any Rabbinical enactments are punished by death (from Heaven, not by Rabbinical courts). Rashi comments that this law can be found in the verse in Koheleth (10:8) "And one who breaks the fence will be bitten by a snake." The Torah never stated that the Rabbis cannot say that G-d will kill anyone who transgresses Rabbinic law. I therefore do not see any contradiction to the Torah in this statement.

All the best,

Yaakov Montrose