Minhag: Difference between revisions
From Halachipedia
mNo edit summary |
No edit summary |
||
| Line 1: | Line 1: | ||
==What are minhagim based on?== | |||
<p class="indent">Why are minhagim binding? In what capacity? What is the halachic foundations upon which minhagim are based? There are two basic approaches to explain the basis for minhagim. The first is based on a gemara nedarim 81b which states that violating a minhag is a violation of a neder. The Ran explains that rabbinically if a person practices a good practice with intention of continuing to keep that practice, it is considered as though he took a vow and he is forbidden from breaking that vow. Similarly, Rav Hershel Schachter in an [http://www.yutorah.org/lectures/lecture.cfm/735162/Rabbi_Hershel_Schachter/%D7%94%D7%A9%D7%91%D7%A2_%D7%94%D7%A9%D7%91%D7%99%D7%A2 article on yutorah.org] explains that there is the concept of a communal vow as is evident in the Gemara Ketubot 111a. </p> | |||
# A Sephardic person doesn’t have to follow the minhagim of his Rabbis who are Ashkenazic. <ref> Sh"t Or Letzion (vol 2 pg 17-18) writes that one should follow the minhag of one’s parents and not that of one’s rabbis </ref> | # A Sephardic person doesn’t have to follow the minhagim of his Rabbis who are Ashkenazic. <ref> Sh"t Or Letzion (vol 2 pg 17-18) writes that one should follow the minhag of one’s parents and not that of one’s rabbis </ref> | ||
==When minhagim clash with halacha== | |||
# A minhag is binding if it involves a stringency above the actual strict law. However, generally speaking, a minhag to follow one opinion on a matter that is a dispute in the Rishonim isn't a binding minhag.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=14145&st=&pgnum=78&hilite= Sdei Chemed (v. 4, Maarechet Mem, Klal 37)]</ref> | # A minhag is binding if it involves a stringency above the actual strict law. However, generally speaking, a minhag to follow one opinion on a matter that is a dispute in the Rishonim isn't a binding minhag.<ref>[http://www.hebrewbooks.org/pdfpager.aspx?req=14145&st=&pgnum=78&hilite= Sdei Chemed (v. 4, Maarechet Mem, Klal 37)]</ref> | ||
==Changing Minhagim== | ==Changing Minhagim== | ||
# If a person moved from one community to another and plans on staying there, he should follow the minhagim of the place he is planning on staying. <ref>S"A YD 214:2</ref> | # If a person moved from one community to another and plans on staying there, he should follow the minhagim of the place he is planning on staying. <ref>S"A YD 214:2</ref> | ||
# If a person changes from one community to another, he should follow their minhagim but must be honest and follow all of their minhagim. Commonly when a man from one community marries a woman from another community, the woman takes upon herself the new minhagim of the community she is moving into. If the husband is a baal teshuva or a ger and doesn't have minhagim, he may accept the minhagim of his wife.<Ref>Rav Hershel Schachter in a [http://www.yutorah.org/lectures/lecture.cfm/812018/Rabbi_Hershel_Schachter/Hilchos_Pesach shiur on yutorah.org (min 10-12)]</ref> | # If a person changes from one community to another, he should follow their minhagim but must be honest and follow all of their minhagim. Commonly when a man from one community marries a woman from another community, the woman takes upon herself the new minhagim of the community she is moving into. If the husband is a baal [[teshuva]] or a ger and doesn't have minhagim, he may accept the minhagim of his wife.<Ref>Rav Hershel Schachter in a [http://www.yutorah.org/lectures/lecture.cfm/812018/Rabbi_Hershel_Schachter/Hilchos_Pesach shiur on yutorah.org (min 10-12)]</ref> | ||
==Related Pages== | ==Related Pages== | ||
Revision as of 03:41, 17 April 2014
What are minhagim based on?
Why are minhagim binding? In what capacity? What is the halachic foundations upon which minhagim are based? There are two basic approaches to explain the basis for minhagim. The first is based on a gemara nedarim 81b which states that violating a minhag is a violation of a neder. The Ran explains that rabbinically if a person practices a good practice with intention of continuing to keep that practice, it is considered as though he took a vow and he is forbidden from breaking that vow. Similarly, Rav Hershel Schachter in an article on yutorah.org explains that there is the concept of a communal vow as is evident in the Gemara Ketubot 111a.
- A Sephardic person doesn’t have to follow the minhagim of his Rabbis who are Ashkenazic. [1]
When minhagim clash with halacha
- A minhag is binding if it involves a stringency above the actual strict law. However, generally speaking, a minhag to follow one opinion on a matter that is a dispute in the Rishonim isn't a binding minhag.[2]
Changing Minhagim
- If a person moved from one community to another and plans on staying there, he should follow the minhagim of the place he is planning on staying. [3]
- If a person changes from one community to another, he should follow their minhagim but must be honest and follow all of their minhagim. Commonly when a man from one community marries a woman from another community, the woman takes upon herself the new minhagim of the community she is moving into. If the husband is a baal teshuva or a ger and doesn't have minhagim, he may accept the minhagim of his wife.[4]
Related Pages
Sources
- ↑ Sh"t Or Letzion (vol 2 pg 17-18) writes that one should follow the minhag of one’s parents and not that of one’s rabbis
- ↑ Sdei Chemed (v. 4, Maarechet Mem, Klal 37)
- ↑ S"A YD 214:2
- ↑ Rav Hershel Schachter in a shiur on yutorah.org (min 10-12)
