Parashat Shoftim: Halakhah

Halakhah הֲלָכָה

Mitzvot are usually classified in one of two categories:

מִצְווֹת דְּאוֹרָיְתָא mitzvot de-orayta

“De-orayta” means “from the Torah” in Aramaic, and mitzvot de-orayta are mitzvot that come directly from the Torah or from Moshe. For example, putting a mezuzah on your door comes straight from a pasuk in the Torah (we saw it a few weeks ago, in the Devash Halakhah section for Va’ethanan). Sometimes, the mitzvah is very clearly stated in the pesukim, and sometimes it’s less obvious, and חז״ל (Hazal, our Rabbis) learn it from clues in the pesukim.

מִצְווֹת דְּרַבָּנָן (mitzvot de-rabbanan)

“De-rabbanan” means “from our Rabbis” in Aramaic, and mitzvot de-rabbanan are additional mitzvot created by prophets, Sages, or by community agreement mostly up until the times of Hazal. For example, lighting Hanukkah candles or hearing Megillat Esther on Purim are both mitzvot de-rabbanan.

How do Hazal have the power to make mitzvot? Why do we listen to them?

One reason, the Gemara (Shabbat 23a) explains, is this pasuk in our parashah.
לֹא תָסוּר מִן הַדָּבָר אֲשֶׁר יַגִּידוּ לְךָ יָמִין וּשְׂמֹאל:
You shall not turn away from what they teach you, to the right or to the left.
Here, God commands us to listen to our שֹׁפְטִים (shoftim, judges) and Torah leaders. So there’s actually a mitzvah de-orayta to follow mitzvot de-rabbanan!
De-orayta vs. de-rabannan
  • Sometimes, different rules apply de-orayta vs. de-rabbanan. For example, saying the הַמּוֹצִיא (Hamotzi) blessing before eating bread is de-rebbanan, but saying בִּרְכַּת הַמָּזוֹן (Birkat Ha-Mazon) after eating bread is de-orayta. So if you aren’t sure if you said Hamotzi before you started eating, you don’t go back and say it. But if you’re not sure if you said Birkat Ha-Mazon after you ate, you say it even if you might be repeating it.
  • It’s not always so clear whether a mitzvah is de-orayta or de-rabannan. Sometimes, it’s a מַחֲלֹקֶת (mahloket, debate)!