Are Birchot HaTorah D'oraita?
Are the Birchot Hatora m’doraita or m’derabanan?
There is much discussion amongst the authorities whether the Birchot Hatorah are m’doraita or m’derabanan.
In OC 209:3, the Shulchan Aruch writes. “If one is in doubt whether or not one recited a certain blessing, one does not recite it…except for Birkat Hamazon because it is m’doraita.”
This seems to imply that Birchot Hatorah are m’derabanan.
On the other hand, the Shulchan Aruch, OC 47:14, rules that women should recite Birchot Hatorah. This is uncharacteristic of the Shulchan Aruch who generally rules that women may not recite a blessing on a mitzva for which they are exempt, and women are not obligated in formal Torah study.
This seems to imply that Birchot Hatorah have some level of m’doraita to them. So too, the Mishna Berura in 47:1 cites the Sha’agat Aryeh who rules (with the support of a number of rishonim) that Birchot Hatorah are m’doraita, and therefore, one who is unsure whether one recited the Birchot Hatorah would be required to recite them due to the doubt – at least the “asher bachar banu” blessing.
Although there are a number of explanations for the discrepancy, it appears that the Shulchan Aruch is of the opinion that Birchot Hatorah are m’derabanon, and that the only blessing that is truly required m’doraita is the Birkat Hamazon. As such, one who is unsure whether he recited the Bichat Hatorah should not recite them due to the doubt. In fact, there are a number of solutions for one who is unsure whether one recited the Birchot Hatorah, without the need to recite them anew.