[Avodah] Minhag Yisroel

[Richard Wolpoe]

On 10/24/07, Zev Sero <zev at sero.name> wrote:
>
> Richard Wolpoe wrote:
>
> > Are you saying that re: Holidays we cannot operate as a Sanhedrin but
> > re: other mattes we can?
>
> No.
>
>
> > Meanwhile in the absence of a Sanhedrin by what authority did:
> >
> >    1. Minhag Yisroel morph ma'riv from Reshus to Hova?
>
> It's a neder.  "Kiblu aleihem".


I didn't make the neder. how can a neder over-turn the Talmud? Can I be
noder against the Halacha?

>    2. Talmud Bavli acquire Halachic authority?
>
> As the Rambam says in his hakdama, Kol Yisrael accepted it as their
> authority, just as one can accept ones own posek.  Asei lecha rav.


So what?  most jews drive on Shabbos waht does THAT prove. Anbd who is tthe
Rambam to ictate Halachah!   we follow him LESS than we do  the Shulchan
Aruch?

>    3. Zohar  acquire legitimacy?
>
> Why would it need to "acquire" it?  It is what it is, and carries
> its own legitimacy.  What would be a Sanhedrin's role here - to give
> it some kind of "haskama"?


So it has zero halachic significance then?  We certainly do not acrod
Halachic signifcance to Aggadic passages in Talmud [se Rambam] so why
Zohar?  it's jsut another book - or is it more? And if is more why? And why
not put on TEfilin on Hulo Shel Moed base dupon Zohar. Ois this based upno
neder?

>    4. Shulchan Aruch  acqire recognition?
>
> As what?  It's a sefer of halacha, like any other of its period
> (between the rishonim and the acharonim).  It's a pretty good one,
> especially with the Rema's additions, so it became popular, then
> many people wrote commentaries on it so it became even more popular.
> But in many cases we don't pasken like it (for various values of "we").


So the Shulchan Aruch is NOT the book of Halachah. I can show you dozens of
books taht state it IS the book of Halachah. {e.g. See heshy Zelcers Mihna
companion on Niddah for example]  Are they all mistaken?

>    5. New Brachos emerge?
>
> Post-Talmudic ones?  Good question, and that's why many don't say
> them with shem umalchut.


Why does it mater post Talmud or Pre-Talmud. Your criteria is Sanhedrin not
Talmud

>    6. Polygamy get banned?
>
> Originally a cherem accepted by particular communities, and continued
> as a minhag.  It's only binding on those communities that accepted it.


Why should a community bind me? is a community a Sanhedrin? Can acommunioty
BIND me to do 5th of Iyyar as a day of Yom Tov ceasing from Melacha? If not
why not? If it can ban me from a2nd wife, why can't a community ban melacha?


>    7. Mechiras Hametz emerge?
>
> What's the problem with it?  Why would you need a Sanhedrin for it?
> It doesn't involve any change in halacha at all.  I guess I just
> don't understand the question.


I suggest you research the matter further as to how we seel hametz an dhow
the Talmud construes such a sale wand why the GRA objected to OUR Sale as it
exists now.

>    8. Aveilus during Sefira become instituted?
>
> Minhag.  Which is why there's so much variation in the details,
> including on which days it applies.


So how does Minahg have authority? And how does lag BA'omer get exmpted it
is not in Talmud AFAIK . At any rate it has not been rule dupno by a
Sanhdrin. But if Minahg can establish Aveilus during sefira why not a
holiday on 5 iyyar?
Mah nafshach!

--
> Zev Sero               Something has gone seriously awry with this Court's
> zev at sero.name          interpretation of the Constitution.
>                                                   - Clarence Thomas
>



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