[Avodah] Text vs. Practice

[Rich, Joel]

See here :www.vbm-torah.org/archive/mb/62mb.htm
<blocked::http://www.vbm-torah.org/archive/mb/62mb.htm>  re a favorite
avodah topic
 
In particular: 
            There is a general difference in approach among poskim
regarding how to weigh local custom against textual authority.  The
Tosafot in many places endeavor to reconcile the text with the custom
(see for excample, Shabbat 48a d.h. De-zeitim); other sages more readily
condemn custom on the authority of the plain sense of the text. 

            It seems that several factors bear on the relative
importance:

1. How universal is the custom?  Responsa frequently point out that the
reaction to a seldom-encountered situation can not be considered a
"custom" - merely a precedent.

2. Among whom is the custom widespread?  If we are certain that even
scholars and meticulous people conducted themselves in a certain way,
this has more weight than the behavior of the common people, pious
though they may be.

3. Are opinions opposing the custom recognized?  Sometimes we find
statements to the effect that if a community had been aware that a great
authority opposed their custom, they would not have adopted it.
Conversely, a custom may be defended by pointing out that it was upheld
even though opposing views were clearly known.

4. Perhaps in an area of halakha whose basis is in custom, though it
subsequently achieved the status of binding halakha, we should give
greater weight to custom.

 

KT

Joel Rich

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