Minhag: Difference between revisions
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# A minhag to recite a certain bracha even if it is questionable according to the halacha can be left and not protested.<ref>Gemara Tanait 28b tells the story of Rav who went to Bavel and didn't say anything when he heard the congregation reciting [[Hallel]] on [[Rosh Chodesh]] even though presumably they recited it with a bracha. Pri Chadash 496:2:10 quotes the Maharik (Shoresh 9) who cites this as a proof that one can follow a minhag even against the halacha. The Pri Chadash disagrees and answers that reciting a bracha is different. Since a [[Bracha Levatala| bracha sheino tzaricha]] is only rabbinic and if there's a minhag the rabbis can say that it is permitted to recite a bracha for the sake of a minhag as we find in Beitzah 4b for [[Yom Tov Sheni]].</ref> | # A minhag to recite a certain bracha even if it is questionable according to the halacha can be left and not protested.<ref>Gemara Tanait 28b tells the story of Rav who went to Bavel and didn't say anything when he heard the congregation reciting [[Hallel]] on [[Rosh Chodesh]] even though presumably they recited it with a bracha. Pri Chadash 496:2:10 quotes the Maharik (Shoresh 9) who cites this as a proof that one can follow a minhag even against the halacha. The Pri Chadash disagrees and answers that reciting a bracha is different. Since a [[Bracha Levatala| bracha sheino tzaricha]] is only rabbinic and if there's a minhag the rabbis can say that it is permitted to recite a bracha for the sake of a minhag as we find in Beitzah 4b for [[Yom Tov Sheni]].</ref> | ||
# Generally when a minhag is in violation of the halacha, whether it be Biblical or rabbinic, it should be abolished.<ref>Pri Chadash 496:2:10 based on several gemara's as well as a Rivash. Other proofs include: Ritva Pesachim 51a s.v. vkatav citing the Raah, Radvaz 1:359. However, Lev Avot Lebhar p. 14 tries to prove that we don't follow the Pri Chadash's approach. He quotes that he personally heard from Rav Elyashiv this as well. He also cites Rav Elyashiv in Kovetz Teshuvot 1:60 with a similar idea. He supports his approach with the Petach Dvir OC 2:233 that any practice which can be justified with some opinion should be left alone. Other proofs include: Sdei Chemed 40:37 s.v. hamuram quoting the Zera Yakov, Maharam Paduah 78, and Maharashdam YD 193.</ref> Some, however, hold that if it is an established minhag and it is only in violation of a rabbinic prohibition can be left alone.<ref>Pri Chadash 496:2:10 cites the Masa Hamelech and Bear Sheva who thought that if a minhag is only in vioaltion of a rabbinic prohibition it can be upheld. Rabbi Akiva Eiger in his comments to Pri Chadash there questions the proof of the Pri Chadash from Rosh Hashana 15b against the Masa Hamelech and in fact claims that it is a proof against the Pri Chadash.</ref> | # Generally when a minhag is in violation of the halacha, whether it be Biblical or rabbinic, it should be abolished.<ref>Pri Chadash 496:2:10 based on several gemara's as well as a Rivash. Other proofs include: Ritva Pesachim 51a s.v. vkatav citing the Raah, Radvaz 1:359. However, Lev Avot Lebhar p. 14 tries to prove that we don't follow the Pri Chadash's approach. He quotes that he personally heard from Rav Elyashiv this as well. He also cites Rav Elyashiv in Kovetz Teshuvot 1:60 with a similar idea. He supports his approach with the Petach Dvir OC 2:233 that any practice which can be justified with some opinion should be left alone. Other proofs include: Sdei Chemed 40:37 s.v. hamuram quoting the Zera Yakov, Maharam Paduah 78, and Maharashdam YD 193.</ref> Some, however, hold that if it is an established minhag and it is only in violation of a rabbinic prohibition can be left alone.<ref>Pri Chadash 496:2:10 cites the Masa Hamelech and Bear Sheva who thought that if a minhag is only in vioaltion of a rabbinic prohibition it can be upheld. Rabbi Akiva Eiger in his comments to Pri Chadash there questions the proof of the Pri Chadash from Rosh Hashana 15b against the Masa Hamelech and in fact claims that it is a proof against the Pri Chadash.</ref> | ||
# A minhag established by local rabbis even if others hold that it is against the halacha, many hold that it shouldn't be abrogated.<ref>Radvaz 3:532 based on Maharik 9</ref> | |||
# For example, see the discussions of piyutim during [[Birchot Kriyat Shema]] in OC 68 between the Tur, Bach, and Bet Shaarim whether it is right to upkeep the minhag even though it seems to be problematic in terms of [[hefsek]]. | # For example, see the discussions of piyutim during [[Birchot Kriyat Shema]] in OC 68 between the Tur, Bach, and Bet Shaarim whether it is right to upkeep the minhag even though it seems to be problematic in terms of [[hefsek]]. | ||
