[Avodah] Two Zohar based Customs - was Rosh Hashanah 32b There's Hope For Everyone

[Richard Wolpoe]

On Thu, May 29, 2008 at 9:55 PM, Micha Berger <micha at aishdas.org> wrote:

>
> .RRW:..
> : Actaully the Same Zohar that says NOT to wear TEfilin on Hol HaMo'ed says
> it
> : is EIDUS SHEKER al atzmo NOT To wear Tzitzis whilst reicting Shema.  If
> the
> : Zohar is normative [I think not aiui but YOU do] then I ask mah nafsach!
>
> Actually, I do not believe halakhah operates the way you're assuming.
> The Zohar is a consideration. It's not a halakhah text, so it isn't
> used to define normative, just to choose among options. But if it has
> a strong argument, it may motivate stretching my set of of normative
> options to choose something a poseiq wouldn't have otherwise.
>
> Tir'u baTov!
> -Micha
>
> --


OK.

   1. The Zohar says wearing Tefillin  on ChhM is a no-no because it steps
   on "os"
   2. The ohar also states iirc that reading Shema w/o Tzitzis is mei'id
   sheker al atzmo [akin to waht the Talmud says about reading shema w/o
   Tefillin]

Mah Nafsahch are either of these 2 passages normative?
Can we eclectically select ONE lehalachah and ignore the other and be
intellectually honest?

Sephardim obviously feel that BOTH apply.I.e.

   1.  Tallis is required of all - even the unmarried and
   2. Tefilin is a no-no on ChhM


Rema rules that we should:

   1. Wear Tefilin on ChhM Despite the Zohar
   2. Wear a Tallis Gadol even if unmarried [Darchei Moshe ho'oruch]

[NB: both Ba'eir Hetev and MB side with this 2nd Rema]

The common Minhag amongst Yekkes is:

   1. Wear Tefilllin on ChhM
   2. Wear Tallis when Unmarried. [hmmm, co-incidence?]

The common Minhag amongst non-yekkes is:

   1. To stop wearing Tefillin on ChHM despite Rema -[even though most no
   Hassidic Ashkenzzim wore Tefilin on ChhM until about 50-75 years ago,,,]
   2. For non-married  boys to  NOT wear a Tallis Gadol

Questions to ponder:

   1. Why are yekkes different than other Ashkenazim?
   2. Why does Rema in Cracow co-incide with what Yekkes do?
   3. What is the Zohar Quotient in all of the above?
   4. Are the minhaggim in question supported by Halachic norms or
   social/societal norms?

Disclaimer:  this is NOT about questioning Minhagim that do NOT conflict
with normative Halachah.  Rather it is about  scrutininizing Minhag IN LIGHT
OF Halachah.

IOW - Consider mimetics as an equal partner with  text,  BOTH should be
understood an qualified in light of  other factors.

For example, just because BY states that fish and milk are not permitted
together does not make it normative. We analyze this BY and E.g. the Rema in
Darchei Moshe posits 'ta'us Soferim.  Text is not necesarily the last word.
"Davar mitoch davar" perhaps is.

Similarly just because people DO IT does not make it normative per se. It
could be the mimetic equivalent of a ta'us sofer.
-- 
Kol Tuv / Best Regards,
RabbiRichWolpoe at Gmail.com
see: http://nishmablog.blogspot.com/
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