[Avodah] Why do Yekkes wait 3 hours?

[Richard Wolpoe]

On 10/9/07, Dov Kay <dov_kay at hotmail.co.uk> wrote:
>
>  <<and no written codification of 3 (until very late? anywhere?)>>
>
> I think that Rav B Forst's Artscroll Kashrus book cites Rabbeinu Yerucham
> as the earliest source for 3 hours.
>
> In my parents-in-law's family (the Posens), the ladies wait 3 hours in
> accordance with the family custom, but the men are stringent and wait 6
> hours.  My wife is quite grateful for the p'sak we received permitting her
> to keep up with the 3 hour custom, even though I, as a Litvak, wait 6 hours.
>
> Interestingly, Rav Schach is quoted in the first volume of Shorshei Minhag
> Ashkenaz as saying that a Yekke should not be "machmir" and wait 6 hours,
> while I have seen Rav Elyashiv quoted somewhere as disagreeing.  I suppose
> the question is whether minhag trumps strict halacha.  For instance, no
> gebrokts on Pesach was, presumably, originally adopted as a chumra, but is
> now exclusively a function of minhag (with the exception of one Rabbi I know
> of in Melbourne who has not a drop of chassidic blood in him but took on "no
> gebrokts" as a chumra).
>
> Kol tuv
> Dov Kay
>

This post opens a whole new realm of Halachic discussion i.e. the contrast
between MINHAG and HUMRA

As a TRADITIONALIST - in the sense of using precedent to decide Halachah, I
generally favor Minhag and object to humros - especially those w/o a solid
historical base.

Therefore as an Ashkenaz

   1. I am in favor of the MINHAG Of kitniyyos but opposed to Gebrukts
   because since it has no precedent for me, I would oppose it as new and
   unnecessary humra.
   2. I am in favor of keeping traditional piyutim in davening - and
   Bracuh Hashenm l'olam and oppose seeing them as a hefsek - becasue that is a
   new lehumra. [otoh I would not object to deleting them for reasons of tircha
   detzibura - which is a pragmatic consideration, not as a  humra]
   3. I am  NOT in favor of reading Zecher/Zeicher on parshas Zachor. It
   has little history and  imposes a new humra which imho is problematic.  But
   if on Ki Tetze you want to read it one way during Shevi'i and the other
   during Maftir I can understand it - although as a revision of our Masortetic
   text I would still oppose it.  [See R. Moordechai Breuer A"H's arctile on
   this matter
   1. OTOH, where  there is a long-stannding minhag to lein
      bifneihem/lifneihem I am OK with keeping that going.

Caveat: Certainly SOME humros arise anew due to new considerations and
circumstances,

Illustration I am opposed to forbidding burial on 2nd day of Yom Tov - iow I
am opopsed to making a new humra agasint our mesoarhr. BUT wheref there is a
real concern in OUR society todayfor hillul Yom Tov, then  it is OK to make
a gzeira against.  I favor doing this as a hor'as sho'oh and NOT as a
revision of  Halachic precedent.

I I would also oppose adding new kulos that lack a really good precedent,
too.  Thus I set in the sukkah on Shmini Atzeres, and I favor the position
of Derech Hachayyim and others who sit ONLY when a bracha would be triggered
during sukkos.  I  oppose being meikel on this matter UNLESS they have a
strong minhag Avos


Bottom line: Thsoe humros codified by Rema/Levush and the end of the
Rishonim era as Minhag Ashkenaz - I generally favor perpetuating.  Those
Humros introduced later on [e.g. davening late 1st night of Shavuos] I
generally oppose imposing them.

Halachic evolution - aiui - should follow the principles of Common Law.


-- 
Kol Tuv / Best Regards,
RabbiRichWolpoe at Gmail.com
Please Visit:
http://nishmablog.blogspot.com/
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