Minhag: Difference between revisions
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===Minhagim that Contradict the 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> | # 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 | # 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> | # 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]]. | # 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]]. | ||
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===Communal Minhagim=== | ===Communal Minhagim=== | ||
#A communal minhag that is meritorious can only be broken if the | #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> | #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=== | ===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> | ||
