Minhag: Difference between revisions

<p class="indent">Are minhagim binding if they were instituted in error? The Gemara Chullin 6b tells of a story in which Rabbi Yehuda HaNasi came to Beyt Shan and permitted the people not to take Trumot and Maaserot from their crops being that it was not part of Israel. However, the gemara asks how could Rabbi Yehuda HaNasi abrogate their minhag? To this the gemara answers that sometimes a later rabbi is given the opportunity to say something that no one before has said. Tosfot Pesachim 51a though is bothered because this gemara seems to disregard the entire principle behind minhagim. Tosfot explains that minhagim are only binding when formulated with the correct knowledge of halacha and the minhag is just an added restriction or practice. However, if the community mistakenly thought something is forbidden when it is in reality permitted, that isn't a minhag at all. Seemingly, this idea fits nicely with the approach of communal vows because vows aren't binding when taken in error.<ref>S"A YD 232:10. See Mishna Nedarim 25b.</ref></p>

<p class="indent">Lastly, is it possible to have a temporary minhag? If we assume that minhagim are based on vows, then certainly yes, because it is possible to stipulate that a certain vow should only apply for a certain amount of time. However, if we suppose that minhagim are based on not breaking from the practices of the everlasting Jewish community, then perhaps it is impossible for minhagim to be temporary just as biblical and rabbinic laws are permanent in nature. Yet, it seems that everyone can agree that minhagim could be instituted temporarily because minhagim are very much based on intent and if the community never accepted the practice with intent that it should last forever, reasonably it should be limited.<ref>The concept that minhagim can be limited is shown in S"A YD 228:27. Regarding personal minhagim, see also the Pri Chadash who proves from the Gemara Chullin.</ref></p>

==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>

# 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>

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