[Avodah] Minhag Yisroel

[Zev Sero]

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".


>    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.


>    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"?


>    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").


>    5. New Brachos emerge?

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


>    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.


>    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.


>    8. Aveilus during Sefira become instituted?

Minhag.  Which is why there's so much variation in the details,
including on which days it applies.

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