Reply To: Six Days of Creation – Refreshing

Avi K – The Nesivos is in סימן רל”ד. He writes that one who transgresses a Rabbinic prohibition accidentally doesn’t need any Kapparah. I think he writes אין צריך שום כפרה.

The rationale for this is that there is a fundamental difference between a דאורייתא prohibition and a דרבנן prohibition. A biblical prohibition is inherently forbidden. The obligation to listen to rabbinic commandments is classified as מצוה לשמוע לדברי חכמים – you are obligated to listen to them. When the Torah says not to eat pork and one eats pork, the wrongdoing is eating the pork. When the Rabbanan say not to do Muktzeh and one transgresses, the wrongdoing is rebelling against the commandment.

It follows that if you dont know what you are doing, you haven’t ignored the Rabbanan. The Achronim use this to explain why ספק דרבנן לקולא, and why we find (Tos. Yevamos 8) that less effort is necessary to ensure that you do not transgress a Derabanan.

[The Achronim distinguish between issurei Torah, which can be Issurei Cheftza, and issurim d’rabanan, which are only Issurei Gavra.]

However, this is not necessary accepted להלכה. Besides for the fact that the Achronim have many, many issues with the Nesivos, the Poskim are clear that we don’t accept this position.

The Shulchan Aruch (OC”H 334) writes that someone who is מחלל שבת must fast 40 fasts, and give Tzedakah in place of the Korbanos. The amount he must give is reckoned in proportion with the Korbon he would have to bring. (Korbonos are only brought for Shogeg) The Mishne Brura brings mekoros that this halachah is specifically by Shogeg.

See also the Rema in Yoreh Deah #123.

(According to the Nesivos, you could happily feed issurei D’Rabbanan to an unsuspecting friend. There are many rayos that this isn’t true [although the Achronim discuss whether one who does so would transgress Lifnei Ivur מן התורה or only מדרבנן].)