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Minhag: Difference between revisions
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#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> | ||
#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> | ||
# A minhag established by rabbis can't be abrogated.<ref>Radvaz 3:532</ref> | #A minhag established by rabbis can't be abrogated.<ref>Radvaz 3:532</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 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.<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 | #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 8-11)] 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. [The Sephardic Halachah Newsletter v. 7 p. 3] cites Igrot Moshe OC 1:158, Minchat Yitzchak 4:83, Halichot Shlomo 1:7, Rav Elyashiv in Ashrei Haish 3:59:2 who agree.</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> | #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> | #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> | ||
==Pronunciations== | ==Pronunciations== | ||
# Each sect should pronounce words according to their own minhag.<ref>Tefillah Khilchata 4:19 p. 94 writes that some poskim hold that a Sephardi shouldn’t pronounce the name of Hashem the way they usually do and instead they should pronounce it as Ashkenazim, distinguishing the kamatz from a patach. In the footnote he cites the Har Tzvi OC 1:4 and statement of Chazon Ish to teachers. The Har Tzvi writes that it is important to distinguish between the kamatz and patach and it is based on the Rabbenu Bechay. He certainly writes that an Ashkenazi should not accept the Sephardic minhag in this matter. | |||
* 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> | #Each sect should pronounce words according to their own minhag.<ref>Tefillah Khilchata 4:19 p. 94 writes that some poskim hold that a Sephardi shouldn’t pronounce the name of Hashem the way they usually do and instead they should pronounce it as Ashkenazim, distinguishing the kamatz from a patach. In the footnote he cites the Har Tzvi OC 1:4 and statement of Chazon Ish to teachers. The Har Tzvi writes that it is important to distinguish between the kamatz and patach and it is based on the Rabbenu Bechay. He certainly writes that an Ashkenazi should not accept the Sephardic minhag in this matter. | ||
*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> | |||
==Links== | ==Links== | ||
