Reply To: “When in DOUBT, Leave it OUT.”

Home Forums Bais Medrash “When in DOUBT, Leave it OUT.” Reply To: “When in DOUBT, Leave it OUT.”

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Chortkov
Participant

Lightbrite – It’s not a competition between Hashem and the Rabbonim. Hashem gave us certain mitzvos, and gave the Chaza”l (the Rabbanim) the ability to create additional commandments and restrictions.

In general, our rule is ספק דאורייתא לחומרא וספק דרבנן לקולא. When faced with a doubt in Torah Law, we must be stringent. When faced with a doubt in Rabbinic law, you don’t have to take the more stringent side. (Why this is so, when according to many, every Rabbinic ediction is also Biblically mandated, is subject to debate. There numerous answers.)

When faced with a ספק ברכה, you have two doubts: (A) A ספק rabbinic commandment to make a blessing, and (B) a ספק prohibition to say G-d’s name in vain. There is a מחלוקת whether this would be Biblically prohibited or only Rabbinically prohibited, seeing as it is said in the context of blessing, and not entirely in vain. Therefore, we say that ספק דרבנן לקולא allows you to be lenient and not make the blessing, and because of ספק ברכה לבטלה you are not allowed to make the blessing*.

So you don’t make a brocho. It is a מחלוקת whether you are now allowed to eat. There is a prohibition [although almost certainly rabbinic] to eat without a prior blessing. Although you do not make a ברכה when in doubt, you are left with a possibility of איסור**.
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* I’m not sure why you are not allowed to make the blessing according to the authorities that a ברכה לבטלה is only rabbinically forbidden – we should apply the same dictum and say ספק רדבנן לקולא.

** Here you don’t necessarily say ספק דרבנן לקולא. It’s complicated why, but it doesn’t fit the parameters. There is a חזקת איסור – it was once definitely forbidden. It may be דבר שיש לו מתירין.