See Rambam Hilchot Hametz Touger Edition 1:9+10
Rambam says that the penalty for eating Hametz in the 7th hour one is Malkut Rambam says that the penalty for eating Hametz in the 6th hour is Makkat Mardut For the 5th hour - nada. [Lechem Mishneh makes this point] [Touger quotes] Tzofnat Panei'ach 83 who makes the following hilluq The 6th hour is an issur d'rabbanan The 5th hour is ONLY a safeguard [viz. G'zeira mishum yom hm'unan] - Thus we see an illustration between an issur d'rabbanan and a g'zeira d'rabban - IE when that g'zeira is a syag
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Tangentially supporting this:
The aforementioned SA Harav hilchot Sukkah 629:29-33
re: n'sarim that are assur as schach due to a ch'shash. There b'diavad - they're OK - Normally what is Pasul for s'chach is always passul, but not here since it's ONLY due to ch'shash.
Disclaimer: I do not mean to imply that every g'zeira d'rabbanan has no post facto consequences. Rather that it occupies a specific place along the spectrum. And at times it's akin to a "minhag"
Disclaimer: I do not mean to imply that every g'zeira d'rabbanan has no post facto consequences. Rather that it occupies a specific place along the spectrum. And at times it's akin to a "minhag"
KT
RRW
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