What is the crux of the machlokes? The reason why we must observe dinim
derabbanan (b’pashtus) is because the Torah commands, “lo tasur.” Yesh lachkor whether this means we treat each
particular din derabbanan as if it was commanded by the Torah, or whether “lo
tasur” is a general umbrella obligation not to disrespect Beis Din by ignoring
their laws. If the first approach is
correct, then Tos would seem to be right – the same rules, such as zman gerama,
that apply to dinim d’orasya should apply to dinim derabbanan. According to the second approach, that all
dinim derabbanan fall under one general umbrella of “lo tasur,” since that
obligation is a lav, not an aseh, there is no exemption of zman
gerama.
Chanukah is fast approaching! The gemara tells us that women are obligated
in ner Chanukah because “af hein hayu b’oso ha’nes,” they shared in the miracle
of being saved from the Greeks (other Rishhonim learn that they were the cause
of that miracle.) According to Tosfos,
that women are exempt from mitzvos derabbanan that are zman gerama, I
understand why the gemara needs this reason of “af hein…” to tell us that they
are obligated in ner Chanukah. But
according to Rashi, that there is no ptur of zman gerama by dinim derabbanan,
why does the gemara need this extra reason to obligate women???
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