[Avodah] Peanuts and other Kitnios

[Micha Berger]

On Thu, 12 Apr 2007 17:16:13 +0300 R Danny Schoemann <doniels at gmail.com>:
: As to the "Machon Shilo" thread about "The Psak Halacha Permitting
: Kitniyot", the kuntras brings the OhS in 453:4 regarding Kitnios:
: "This issur - since our ancestors accepted it as a Geder - may not be
: abolished by us MiDin Tora, and those that cast aspersion and treat it
: lightly prove that they do not have Yiras Shomayim or Yiras Chet and
: are not expert in the ways of the Torah." (!)

But they aren't talking about abolishiong the issur. They are saying
that the issur is still fully in force for Ashkenazim. They are
objecting to an Ashkenazi moving to Israel and remaining an Ashkenazi
rather than becoming part of Israel's kehillah and following its
minhag hamaqom (which they assume does not include refraining from
qitniyos).

And frankly, I'm still unclear as to how they are wrong. I suggested
that it's because minhag, by definition, isn't defined by fiat, it's
defined by seeing what people are doing, assuming it's mutar and an
attempt to be AYH enhancing. But objections were raised to this idea,
in particular, it would mean that new minhagim are only created by
people who beta'us or bemeizid violate the old minhag.

It also means that people who follow a Brisker sevarah (eg) rather
than his ancestors or locale's minhag really have nothing to stand on.
Since that includes the Gra and the Briskers themselves (and RSRH, for
that matter, as he made many changes to Minhag Frankfurt), it becomes
a difficult position to defend.

: This comment was apparently prompted by The Reform Movement which (150
: years ago) used kitnios as a proof that the Rabbis are simply trying
: to make life difficult. (No source given.)

Just to state the obvious because my decades on scjm addicted me to
such things:
The definition they're using is that a life of being able to do what
you want is easier. Rather than defining a life in which it is easier
to do what you're supposed to do being to be the easier life. The
objection therefore presumes their conclusion -- that there is no
tachlis to halakhah, no task to define difficulty.

Tir'u baTov!
-mi

-- 
Micha Berger             Spirituality is like a bird: if you tighten
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Fax: (270) 514-1507                            - Rav Yisrael Salanter