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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> | ||
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==When minhagim clash with halacha== | ==When minhagim clash with halacha== | ||
===Minhagim that Contradict the Halacha=== | |||
# 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> | |||
# 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>Mordechai b"m 7:366, 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]]. | |||
#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> | ===Minhagim that Choose a Side in a Halachic Dispute=== | ||
# If a certain halacha isn't clear and there is justifiable basis on either side of the dispute or question at hand, one can view the minhag in order to decide the dispute.<ref>Yerushalmi Peah 7:5, Gemara Brachot 45a. Rambam Shemitta Vyovel 10:6 writes that in calculating the calendaric years of Shemitta he differs from the Geonim in his calculations. Nonetheless, he concludes that since the Geonim have an old tradition for their calculations and the practice is like them, great is the significant of tradition to follow them. Rav Hai Goan in Tamim Deyim 119 seems also to subscribe to this approach in that he first defends the minhag and says that generally you first have to accept minhagim even under question and then answer the questions. He then goes on to justify the particular minhag in question. Tosfot Brachot 21b disagrees with Rashi's practice and yet concludes that the minhag follows Rashi and great is the minhag that we can follow it. Halichot Shlomo ch. 19 fnt. 27 cited by Magen Avot p. 15 cites the the Shoel Umeishiv responded to the Shem Aryeh that although his responses were reasonable he sometimes disagreed because he knew that the practice was otherwise and he tried to explain the basis for the minhag. Rav Shlomo Zalman agreed with such an approach.</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> Therefore, if one local rabbi ruled in one way and the minhag followed his opinion and later that rabbi moved or died and another rabbi was appointed and had another opinion the minhag can be changed.<ref>Pri Chadash 496:2:2 (Dinei Minhagei Issur #2) based on Maharashdam YD 40</ref> | |||
==Non-Binding Minhagim== | |||
#A minhag that isn't concerned for any opinion or any prohibition isn't a binding minhag.<ref>Igrot Moshe OC 3:64 writes that someone whose father had the practice not to eat gibroks all year isn't binding since it has no reason and gibroks can't be more strict than real chametz which is permitted all year besides [[Pesach]]. Furthermore, Igrot Moshe writes that it is permitted to wear clothing according to his time and place and it isn't a binding minhag to have to wear the clothing of previously generations. This is assuming that the clothing is modest. Bet Yosef 670:1 writes that the practice not to work all of [[Chanuka]] isn't binding since it isn't concerned for all halachic issue.</ref> | |||
# It is important that a minhag be established by rabbis.<ref>Lev Avot p. 2 based on Chazon Ish OC 39:8 and Kaf Hachaim 14:14 writes that not everything anyone calls a tradition because it was observed in a community is deemed a minhag, it needs to be established and recorded by rabbis to be considered a valid minhag. Siach Yitzchak 294 sources the practice of chasidim to eat shirayim from the rebbe in the Yerushalmi Moed Katan 2:3 and Brachot 55. He concludes that this should be a precedent for all good minhagim that they are well sourced and based on sound principles.</ref> | |||
==Abrogating Minhagim== | ==Abrogating Minhagim== | ||
===Minhag in Error=== | |||
#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> | |||
===Using Hatarat Nedarim=== | |||
#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 they are 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 forbids permitting a neder against gambling, even though theoretically some say there is no prohibition with gambling (see Sanhedrin 24b). Shulchan Aruch Y.D. 214:1 rules like the Rosh. The Pri Chadash 496:2:1 (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> | |||
#The above dispute is relevant to a minhag that is intended to protect an existing halacha, however, everyone agrees that a minhag out of piety or abstinence can be broken with [[hatarat nedarim]].<ref>Pri Chadash (Dinei Minhagei Issur #1) proves this from the language of the rishonim who forbid abrogating a minhag as well as the fact that the Ran Nedarim 81b writes that a minhag can be broken with a hatarat nedarim although he generally holds (Pesachim 17a) that it is forbidden.</ref> | |||
#It is possible to abrogate a minhag with [[hatarat nedarim]] even if it is established by rabbis.<ref>Pri Chadash 496:2:4 (Dinei Minhagei Issur #4)</ref> | |||
===Communal Minhagim=== | |||
#A communal minhag that is meritorious can only be broken if majority of the 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 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> | |||
===Universal Minhagim=== | |||
#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> | ||
===Parent's Minhag=== | |||
#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> | ||
==Changing Minhagim== | ==Changing Minhagim== | ||
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==Changing One’s Nusach HaTefillah (Ashkenaz, Edot HaMizrach, Nusach Sefard)== | ==Changing One’s Nusach HaTefillah (Ashkenaz, Edot HaMizrach, Nusach Sefard)== | ||
#Barring any extenuating circumstances (as determined by a Rabbi/Posek), one should not change his or her Nusach Hatefillah (rite of prayer) from that of his or her ancestors.<ref>Magen Avraham on S”A O”C | #Barring any extenuating circumstances (as determined by a Rabbi/Posek), one should not change his or her Nusach Hatefillah (rite of prayer) from that of his or her ancestors.<ref>Magen Avraham on S”A O”C 68:1. Aside from his own position, the Magen Avraham quotes that of the Arizal as saying that there are 12 gates that reach heaven, parallel to the 12 shevatim. Each shevet had its own way of davening that passed through its own gate. One should not change his Nusach, lest his tefilot enter the wrong gate and become incapable of ascending to heaven. | ||
The Chatam Sofer (Shu”t Chatam Sofer O”C 16) was of this opinion as well since all of the Nusachot contain deep allusions to divine secrets and praises to Hashem. He argues that since all of them accomplish the task of praising and beseeching Hashem with these Kavanot, there would be no reason for anyone to switch from his own Nusach. With this said, there were a number of poskim who disagreed with this reasoning, as will be explained in the footnote below.</ref> | The Chatam Sofer (Shu”t Chatam Sofer O”C 16) was of this opinion as well since all of the Nusachot contain deep allusions to divine secrets and praises to Hashem. He argues that since all of them accomplish the task of praising and beseeching Hashem with these Kavanot, there would be no reason for anyone to switch from his own Nusach. With this said, there were a number of poskim who disagreed with this reasoning, as will be explained in the footnote below. See Divrei Chaim (vol. 2 OC 8), Maharam Shick (OC 43), and Minchat Elazar 1:11 at length.</ref> | ||
#Nonetheless, if a person momentarily finds himself in a shul of a different Nusach and cannot find the siddur for his proper Nusach, he can still fulfill his obligation to daven on a level of bedieved by davening per the shul’s Nusach.<ref>Rav Chaim Pinchas Scheinberg based on Mishna Berurah Siman 68:1, as referenced in a [https://www.yutorah.org/sidebar/lecture.cfm/894734/rabbi-moshe-sokoloff/can-one-change-their-nusach-hatefillah/ shiur] by Rabbi Moshe Sokoloff </ref> | #Nonetheless, if a person momentarily finds himself in a shul of a different Nusach and cannot find the siddur for his proper Nusach, he can still fulfill his obligation to daven on a level of bedieved by davening per the shul’s Nusach.<ref>Rav Chaim Pinchas Scheinberg based on Mishna Berurah Siman 68:1, as referenced in a [https://www.yutorah.org/sidebar/lecture.cfm/894734/rabbi-moshe-sokoloff/can-one-change-their-nusach-hatefillah/ shiur] by Rabbi Moshe Sokoloff</ref> | ||
#Examples of mitigating circumstances favoring a switch in Nusach include when the Nusach being changed to is the person’s ancestral Nusach, if the person’s father would not be upset by the change and if the person was previously educated in that Nusach. These factors together may warrant a change in Nusach.<ref>Shu”t Minchat Asher 2:8 </ref> Others include such circumstances as if one was previously educated in a Nusach and it would be too difficult to revert back to the ancestral Nusach, if one is a ba’al teshuva or a convert and is close to the Rabbi who educated him, or if a child in yeshiva is concerned that davening differently may lead to estrangement from his peers and subsequent struggles in his learning.<ref>Halichot Shlomo, Hilchot Tefilah 5:22 </ref> | #Examples of mitigating circumstances favoring a switch in Nusach include when the Nusach being changed to is the person’s ancestral Nusach, if the person’s father would not be upset by the change and if the person was previously educated in that Nusach. These factors together may warrant a change in Nusach.<ref>Shu”t Minchat Asher 2:8</ref> Others include such circumstances as if one was previously educated in a Nusach and it would be too difficult to revert back to the ancestral Nusach, if one is a ba’al teshuva or a convert and is close to the Rabbi who educated him, or if a child in yeshiva is concerned that davening differently may lead to estrangement from his peers and subsequent struggles in his learning.<ref>Halichot Shlomo, Hilchot Tefilah 5:22</ref> | ||
#In the event it is determined by a Rabbi that a change in Nusach is necessary, there are a variety of opinions, depending on the person's original Nusach, as to which is the best Nusach to switch to. Ultimately, there is at least one Posek that advocates for each of the major Nuscha'ot<ref>Rav Moshe Feinstein (Iggrot Moshe O”C 2: | #In the event it is determined by a Rabbi that a change in Nusach is necessary, there are a variety of opinions, depending on the person's original Nusach, as to which is the best Nusach to switch to. Ultimately, there is at least one Posek that advocates for each of the major Nuscha'ot.<ref>Rav Moshe Feinstein (Iggrot Moshe O”C 2:24) maintains that switching from Nusach Sefard to Nusach Ashkenaz would be correct as Nusach Ashkenaz has a more substantial mesorah. Rav Ovadiah Yosef (Yalkut Yosef O”C 101:7), based on the Chida, maintains that one can switch from Ashkenaz to Nusach Sefard/Edot HaMizrach as it is more correct according to Kabbalah, (though potentially not in the opposite direction (see Shu"t Yachveh Da'at 3:6)). The Divrei Chaim, Sha’ar HaKollel and others maintain one can switch from Ashkenaz to Nusach Sefard/Ar”i as it is the Nusach that unlocks all 12 gates or a separate 13th gate to heaven for tefillot to be heard.) The Lubavitcher Rebbe's view was that one can switch up from Ashkenaz to Sephard and from Sephard to Ari, but not the other ways, because each one is greater than the previous, Ari the greatest of them all. He emphasizes the need for Darchei Noam in these proceedings. See [https://www.hebrewbooks.org/pdfpager.aspx?req=15787&st=&pgnum=110 Shaarei Halacha uMinhag (Orach Chaim I Siman 46 page 113)],Iggros HaKodesh [https://www.hebrewbooks.org/pdfpager.aspx?req=15895&st=&pgnum=82 vol. 11 page 65], vol. 12 page 201, [https://www.hebrewbooks.org/pdfpager.aspx?req=15892&st=&pgnum=22 vol. 19 page 4], and Sefer HaMinhagim page 2</ref> | ||
#In the event that two shuls of different Nuscha’ot need to combine due to a lack of congregants, the shuls may choose the Nusach of one of them and daven according to that Nusach going forward.<ref>Shu”t Chatam Sofer C”M 188, Shu”t Yabia Omer O”C Vol. 6:10 </ref> | #In the event that two shuls of different Nuscha’ot need to combine due to a lack of congregants, the shuls may choose the Nusach of one of them and daven according to that Nusach going forward.<ref>Shu”t Chatam Sofer C”M 188, Shu”t Yabia Omer O”C Vol. 6:10</ref> | ||
==Pronunciations== | ==Pronunciations== | ||
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*Yalkut Yosef Tefillah Siman 101 at length discusses this topic and proves that it isn’t correct to invalidate the Sephardi minhag of how to pronounce the name of Hashem. They don’t distinguish significantly between kamatz and patach but there is sufficient basis for that minhag in the rishonim. This is also found in Yabia Omer OC 6:11.</ref> | *Yalkut Yosef Tefillah Siman 101 at length discusses this topic and proves that it isn’t correct to invalidate the Sephardi minhag of how to pronounce the name of Hashem. They don’t distinguish significantly between kamatz and patach but there is sufficient basis for that minhag in the rishonim. This is also found in Yabia Omer OC 6:11.</ref> | ||
See also [[Davening with a Minyan That Uses a Different Nusach#Pronunciation .28Havara.29 .26 Nusach]] | |||
==Kibud/Moreh Av V'Em== | |||
[[Kibud Av V'Em]] (and Moreh Av V'Em) are also factors in changing a minhag. Please consider the information on the corresponding page. | |||
==Links== | ==Links== | ||
