[Avodah] ID of chilazon and chagavim

Rich, Joel JRich at sibson.com
Tue Aug 12 08:14:48 PDT 2008


 

	 

	 

	On the question of mesora, RHS argues that Ashkenazim who now
wear techeles should follow the opinion of Rashi and the baalei Tosefos
that 4/8 strings are blue, as opposed to the Raavad (2/8) and Rambam
(1/8).  I find this fealty to the chachmei Ashkenaz in this case a bit
puzzling.  I understand that where there is a longstanding Ashkenazic
custom in accordance with the chachmei Ashkenaz in a particular halacha,
that should be followed by Ashkenazim.  However, why should the chachmei
Ashkenaz carry more weight when their p'sak has never been practically
implemented?  After all, we Ashkenazim follow the opinion of the Rambam
over Tosefos when lighting chanukas neros mehadrin min hamehadrin.  It
would never occur to me to revisit this halacha.  True, in that case,
there is a minhag Ashkenaz against the chachmei Ashkenaz, whereas with
techeles, there is simply no minhag at all.  However, I don't find RHS's
argument persuasive.  RHS says that, even though the Vilna Gaon held
that Tosefos's shita is definitely incorrect, only those who always
follow the Gaon's opinion should do so in this case.  Again, why should
this be the case where there is no prevailing minhag?  (By way of
disclosure, I currently await delivery of my Rambam-shita techeles from
Israel to attach to my arba kanfos, so this is on my mind.)

	 

	Kol tuv

	Dov Kay


________________________________

	 I suppose it depends on how you define prevailing minhag. For
example, when the gemara says we always follow the opinion of R' X over
R'Y, in the absence of other circumstances would you say it's OK to
follow R'Y because the case was not a practical issue till years later?
You seem to be arguing that when there is no prevailing minhag that it's
kol hayashar beinav yaaseh but why wouldn't we follow our usual dynamics
of psak
	
	The nerot example has always interested me - I'm sure R'RW has
some comment on how the practice developed to follow the Rambam - I'd
love to know historically what the actual transition was (I assume at
some time they followed tosfot opinion in Europe?)
	KT
	Joel Rich 

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