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Minhag: Difference between revisions
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===Minhagim that Choose a Side in a Halachic Dispute=== | ===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> | # 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) | #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) arguing with Maharashdam YD 40. Maharashdam implies that a minhag to follow a certain psak is like a minhag, but Pri Chadash argues that it can be changed by a communal rabbi who is licensed to rule on such a halachic dispute. However, Magen Avraham 534:5 and 551:7 implies that a minhag to follow a certain opinion in halacha is a binding minhag and even stricter than a regular minhag, for which hatarat nedarim is ineffective.</ref> | ||
==Non-Binding Minhagim== | ==Non-Binding Minhagim== | ||
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#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=== | ===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== | ||
#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 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 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> | ||
