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Minhag: Difference between revisions
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<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.<ref>It is clear from chazal that one may stipulate a vow to apply to a certain time period. A simple proof is the Mishna Nedarim 57a. Additionally, Shulchan Aruch YD 214:1 implies that if one has a practice that one only plans on doing a couple of times and not forever, it isn't binding as an oath, yet to any question, one should stipulate so explicitly. </ref> 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 have a limited time-frame is shown in Shulchan Aruch YD 228:27.</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.<ref>It is clear from chazal that one may stipulate a vow to apply to a certain time period. A simple proof is the Mishna Nedarim 57a. Additionally, Shulchan Aruch YD 214:1 implies that if one has a practice that one only plans on doing a couple of times and not forever, it isn't binding as an oath, yet to any question, one should stipulate so explicitly. </ref> 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 have a limited time-frame is shown in Shulchan Aruch YD 228:27.</ref></p> | ||
==When minhagim clash with halacha== | ==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> | |||
==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]]. Shulchan Aruch 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). Shulchan Aruch YD 214:1 rules like the Rosh. The Pri Chadash (Dinei Minhagei Issur #1) also rules like the Rosh but wonders why Shulchan Aruch YD 228:15 rules like the Rivash, who follows the Ran.</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]]. Shulchan Aruch 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 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 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). Shulchan Aruch YD 214:1 rules like the Rosh. The Pri Chadash (Dinei Minhagei Issur #1) also rules like the Rosh but wonders why Shulchan Aruch YD 228:15 rules like the Rivash, who follows the Ran.</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 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> | ||
# 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> | #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 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 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> | |||
==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>Shulchan Aruch 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.< | #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>Shulchan Aruch YD 214:2</ref> | ||
# Some say that a Sephardi who learns by Rabbis who are Ashkenazic doesn’t have to follow the minhagim of his Rabbis and can continue to follow the minhag of his parents. <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> | #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>Tashbetz 3:179 explains that if a man marries a woman from another community with different minhagim certainly they should follow the man's minhagim. It couldn't be that a couple sitting at one table would have certain foods that are permitted to one and forbidden to another. Rav Hershel Schachter in a [http://www.yutorah.org/lectures/lecture.cfm/812018/Rabbi_Hershel_Schachter/Hilchos_Pesach shiur on yutorah.org (Hilchos Pesach min 10-12)] said that generally when a couple gets married and they each have different minhagim they should follow the man's minhagim. It is permitted to change one's old minhagim since one is permanently moving into a new community. However, if he doesn't have minhagim such as if he's a baal teshuva or ger they should follow the wife's minhagim. </ref> | ||
#If a woman changed her minhagim when she got married to adopt her husband's minhagim and now she is a widow or divorcee if she has children from her husband she should continue to follow the minhagim of her husband. However, if she doesn't have any children she should return to the minhagim of her father's house.<ref>Tashbetz 3:179 learns from the concept of the daughter of a Cohen who is considered to be a Yisrael for purposes of Trumah as long as she is married to a Cohen. Even after the husband dies or divorces her she is still considered a Yisrael as long as she has children. However, if she doesn't have children "she returns to her father's house" and is considered a daughter of a Cohen. The Tashbetz applies this system to a couple married where the man and woman come from different communities.</ref> | |||
#Some say that a Sephardi who learns by Rabbis who are Ashkenazic doesn’t have to follow the minhagim of his Rabbis and can continue to follow the minhag of his parents. <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> | |||
==Links== | ==Links== | ||
# [[Minhagim of Chanuka]] | |||
# [https://drive.google.com/file/d/0B0yD7VqthpReQUI3SWpRYkxab2c/edit?usp=sharing Source sheet for above essay on Minhagim] | #[[Minhagim of Chanuka]] | ||
# [http://www.torahmusings.com/2015/08/how-to-undo-a-minhag/ How to undo a Minhag] by Rabbi Gil Student | #[https://drive.google.com/file/d/0B0yD7VqthpReQUI3SWpRYkxab2c/edit?usp=sharing Source sheet for above essay on Minhagim] | ||
#[http://www.torahmusings.com/2015/08/how-to-undo-a-minhag/ How to undo a Minhag] by Rabbi Gil Student | |||
==Sources== | ==Sources== | ||
<references/> | <references /> | ||
