Minhag: Difference between revisions
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→What are minhagim based on?
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A minhag is a local or communal practice of halacha. Minhagim are of such significance that we even find that the angels<ref>Gemara Bava Metsia 86b, Yismach Moshe Beresheet 1:11</ref> and even Hashem himself follow the local practice, minhag.<ref>Sanhedrin 46b, Maharam Mintz (teshuva 54)</ref> Hashem likes a variation of minhagim just as he wanted different tribes each encamped around the Mishkan with a different role.<Ref>Shlah Torah Shebichtav Naso quoting the Arizal</ref> | |||
==What are minhagim based on?== | ==What are minhagim based on?== | ||
<p class="indent">Why are minhagim binding? In what capacity do we have to observe them? To answer these questions we are going to explore the halachic foundations upon which minhagim are based. There are two primary approaches to explain the obligation for minhagim. The first is based on a Gemara Nedarim 81b which states that one who violates a minhag is in a violation of a neder. The Ran (ibid.) explains that if a person practices a good practice with intention of continuing to keep that practice, rabbinically it is considered as though he took a vow and he is forbidden from breaking that vow. In order for the vow to be effective biblically he would have to enunciate it, however, rabbinically it is sufficient to have acted upon the intent to keep the practice.<ref>Tur and Shulchan Aruch 214:1 cite the approach of the Ran. Birkei Yosef YD 214 also points out that it is only treated like a neder and is binding rabbinically. Thus, if there is a doubt if something is prohibited based on a minhag, one may be lenient.</ref></p> | <p class="indent">Why are minhagim binding? In what capacity do we have to observe them? To answer these questions we are going to explore the halachic foundations upon which minhagim are based. There are two primary approaches to explain the obligation for minhagim. The first is based on a Gemara Nedarim 81b which states that one who violates a minhag is in a violation of a neder. The Ran (ibid.) explains that if a person practices a good practice with intention of continuing to keep that practice, rabbinically it is considered as though he took a vow and he is forbidden from breaking that vow. In order for the vow to be effective biblically he would have to enunciate it, however, rabbinically it is sufficient to have acted upon the intent to keep the practice.<ref>Tur and Shulchan Aruch 214:1 cite the approach of the Ran. Birkei Yosef YD 214 also points out that it is only treated like a neder and is binding rabbinically. Thus, if there is a doubt if something is prohibited based on a minhag, one may be lenient.</ref></p> | ||
