Description
The sugya establishes that for the sake of protecting human dignity (כבוד הבריות) we will violate the Lav of לא תסור. This refers to Derabanans which the Chachamim "attached" (אסמכוהו) to Lo Tasur. In this shiur we will analyze the great debate between the Rambam & Ramban: does every Derabanan entail a Lav & an Aseh DeOraita? The Rambam says 'yes' & the Zaken Mamreh who rebels against the Beis Din HaGadol re: a Derabanan is put to death. The Ramban proves from all of Shas that a Derabanan is NOT a DeOraisa rather a less stringent category of its own. If the Rambam is correct, how can the Halacha be more lenient vis-a-vis a Derabanan since every Derabanan is, in truth, a DeOraisa? Rambam: the Chovas Gavra is Derabanan with unique dinim.
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