[Avodah] [Areivim] Polygamy

[Richard Wolpoe]

On Feb 7, 2008 6:29 PM, Micha Berger <micha at aishdas.org> wrote:

>
>
> Mamrim pereq 2 also asserts that minhagim start with the beis din,
> whereas most teach that minhagim are from the ground up and only
> afterwards ratified through rabbinic approval. It is unclear to me
> that we necessarily hold like the Rambam WRT the scope of beis din's
> role in creating practice. It could be that here too the Rambam
> assigns a greater role than others would.
>
> SheTir'u baTov!
> -
>

See menachem Elon on Minhag

AS I have posted MANY  times before
The most usual suspect of a  minhag  [expecialyl an OLD minhag] is of a
p'sak whose author/context has been forgotten.

This is directly related to the Snahedrin model.

The ground floor model of minhag starting with people is a popular notion
but not the main reason for respecting minhag.

The Rema in Darche Moshe dexxcribes a repeal of minhag that he would later
regret because later on a source was located. IOW, the Rema became
cosnervative [in the sense of cautious] WRT minhaggim precisely because he
presupposed that the Minhag had a source but it was lost.

Ironcially, just as the original soruce of minhag has been lost, so is its
orginal meaning.  A community that does X at large is thus presumed to have
had a poseik/Rav/mora 'dasara in their history that  paskened that way once
upon a time.

Illustration:
This is the Aruch Hashulchan's quasi justification for not sitting in the
sukkah on Shmini ATtzeres [or minimizing the sitting/sleeping] in the cold
RussianTundra


-- 
Kol Tuv / Best Regards,
RabbiRichWolpoe at Gmail.com
see: http://nishmablog.blogspot.com/
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.aishdas.org/pipermail/avodah-aishdas.org/attachments/20080208/23059c39/attachment-0002.htm>