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Minhag: Difference between revisions
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# 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> | ||
==Abrogating Minhagim== | ==Abrogating Minhagim== | ||
# If a person has a practice in error, some say that it isn't binding and one doesn't require hatarat nedarim. However, others say that it is binding and in order for it to become permitted one would require hatarat nedarim. The halacha follows the first opinion. <ref> Tosfot Pesachim 51a s.v. Iy and the Rosh (Pesachim 4:3) hold that a minhag that is based on an error isn't binding at all and may be abrogated without any hatarat nedarim. Their proof is the gemara Chullin 6b. The Ran (Pesachim 17a) and Rashba (responsa 3:236) hold that a minhag made in error is binding and can only be broken with hatarat nedarim. Each opinion differs in how they understand the Yerushalmi Pesachim 4:1 which states that a minhag made in error can be abrogated. The Rosh would understand it to mean that it can be abrogated without any formal process. The Ran, however, would explain the Yerushalmi as saying that it could only be broken with hatarat nedarim. S"A YD 214:1 quotes the Rosh as the primary opinion but also cites the Ran. The Rama follows the Rosh. Also, the Pri Chadash (Dinei Minhagei Issur #1) writes that the halacha is like the Rosh and brings proofs to that effect.</ref> | # If a person has a practice in error, some say that it isn't binding and one doesn't require [[hatarat nedarim]]. However, others say that it is binding and in order for it to become permitted one would require [[hatarat nedarim]]. The halacha follows the first opinion. <ref> Tosfot Pesachim 51a s.v. Iy and the Rosh (Pesachim 4:3) hold that a minhag that is based on an error isn't binding at all and may be abrogated without any [[hatarat nedarim]]. Their proof is the gemara Chullin 6b. The Ran (Pesachim 17a) and Rashba (responsa 3:236) hold that a minhag made in error is binding and can only be broken with [[hatarat nedarim]]. Each opinion differs in how they understand the Yerushalmi Pesachim 4:1 which states that a minhag made in error can be abrogated. The Rosh would understand it to mean that it can be abrogated without any formal process. The Ran, however, would explain the Yerushalmi as saying that it could only be broken with [[hatarat nedarim]]. S"A YD 214:1 quotes the Rosh as the primary opinion but also cites the Ran. The Rama follows the Rosh. Also, the Pri Chadash (Dinei Minhagei Issur #1) writes that the halacha is like the Rosh and brings proofs to that effect.</ref> | ||
# A person who has a meritorious minhag, some say that it can never be broken, while others say that it can break that minhag with hatarat nedarim. The halacha follows the second opinion. <ref>Tosfot Pesachim 51a s.v. Iy and the Rosh (Pesachim 4:3) hold that a meritorious minhag is binding like a neder but can be broken with hatarat nedarim. However, the Ran (Pesachim 17a) and Rashba (responsa 3:236, cited by Bet Yosef YD 214:1) hold that minhagim can't be broken if it is meritorious. The two opinions differ in how they understand the Yerushalmi Pesachim 4:1 which says that a good minhag can't be abrogated. The Rosh understands it to mean that without hatarat nedarim it can't be broken. The Ran, however, understands the Yerushalmi more absolutely, a good minhag can not be broken. Another proof for the Ran is the Yerushalmi Nedarim 5:4 which forbad permitting a neder against gambling, even though theoretically some say there is no prohibition with gambling (see Sanhedrin 24b). S"A YD 214:1 rules like the Rosh. The Pri Chadash (Dinei Minhagei Issur #1) also rules like the Rosh but wonders why S"A YD 228:15 rules like the Rivash, who follows the Ran.</ref> | # A person who has a meritorious minhag, some say that it can never be broken, while others say that it can break that minhag with [[hatarat nedarim]]. The halacha follows the second opinion. <ref>Tosfot Pesachim 51a s.v. Iy and the Rosh (Pesachim 4:3) hold that a meritorious minhag is binding like a neder but can be broken with [[hatarat nedarim]]. However, the Ran (Pesachim 17a) and Rashba (responsa 3:236, cited by Bet Yosef YD 214:1) hold that minhagim can't be broken if it is meritorious. The two opinions differ in how they understand the Yerushalmi Pesachim 4:1 which says that a good minhag can't be abrogated. The Rosh understands it to mean that without [[hatarat nedarim]] it can't be broken. The Ran, however, understands the Yerushalmi more absolutely, a good minhag can not be broken. Another proof for the Ran is the Yerushalmi Nedarim 5:4 which forbad permitting a neder against gambling, even though theoretically some say there is no prohibition with gambling (see Sanhedrin 24b). S"A YD 214:1 rules like the Rosh. The Pri Chadash (Dinei Minhagei Issur #1) also rules like the Rosh but wonders why S"A YD 228:15 rules like the Rivash, who follows the Ran.</ref> | ||
# A communal minhag that is meritorious can only be broken if the entire community does hatarat nedarim. An individual can't abrogated the minhag if he does a personal hatarat nedarim.<ref>Pri Chadash (Dinei Minhagei Issur #5)</ref> | # A communal minhag that is meritorious can only be broken if the entire community does [[hatarat nedarim]]. An individual can't abrogated the minhag if he does a personal [[hatarat nedarim]].<ref>Pri Chadash (Dinei Minhagei Issur #5)</ref> | ||
# A minhag that was accepted by all Jews can't be broken by a hatarat nedarim.<ref>Pri Chadash (Dinei Minhagei Issur #6) citing Sh"t Maharshal 7</ref> | # A minhag that was accepted by all Jews can't be broken by a [[hatarat nedarim]].<ref>Pri Chadash (Dinei Minhagei Issur #6) citing Sh"t Maharshal 7</ref> | ||
# If one's parent had a meritorious practice, it is not binding upon the children unless they observe the practice one time, either in the life of their parent or after their death. <ref>Pri Chadash (Dinei Minhagei Issur #7) based on the Gemara Chullin 105a</ref> | # If one's parent had a meritorious practice, it is not binding upon the children unless they observe the practice one time, either in the life of their parent or after their death. <ref>Pri Chadash (Dinei Minhagei Issur #7) based on the Gemara Chullin 105a</ref> | ||
# If a community has a practice, there is a dispute to what extent it applies to the next generation. One opinion holds that the minhag is not binding upon the next generation unless they have observed it one time.<ref>Zichron Yosef YD 14 cited by Pitchei Teshuva YD 214:5</ref> On the opposite end, some say the minhag is binding upon the children and it is impossible for them to do hatarat nedarim on that minhag because they weren't the ones who instituted it.<ref>Maharshdam YD 40, Maharik 144</ref> In the middle are those who say that the minhag is binding upon the next generation but they can do hatarat nedarim just like the previous generation could.<ref>Pri Chadash (Dinei Minhagei Issur #8)</ref> | # If a community has a practice, there is a dispute to what extent it applies to the next generation. One opinion holds that the minhag is not binding upon the next generation unless they have observed it one time.<ref>Zichron Yosef YD 14 cited by Pitchei Teshuva YD 214:5</ref> On the opposite end, some say the minhag is binding upon the children and it is impossible for them to do [[hatarat nedarim]] on that minhag because they weren't the ones who instituted it.<ref>Maharshdam YD 40, Maharik 144</ref> In the middle are those who say that the minhag is binding upon the next generation but they can do [[hatarat nedarim]] just like the previous generation could.<ref>Pri Chadash (Dinei Minhagei Issur #8)</ref> | ||
==Changing Minhagim== | ==Changing Minhagim== | ||
