[Avodah] aveilus of Nine Days is equivalent to Shloshim

[Micha Berger]

On Mon, Aug 11, 2008 at 05:49:23PM -0400, Rich, Joel wrote:
:> Does minhag start with the rabbanan? If so, how do you distinguish
:> between minhag and a din derabbanan?

:> I thought that minhag was common practice as ratified by the rabbanan.
:> And that the Rambam (Mamrim 2:2-3) is a daas yachid in requiring
:> proactive ratification rather than considering shetiqah kehoda'ah
:> sufficient.

: It always seemed to me to be an open question - see Taanit 26b which
: seems to imply a rabbinic function of some type in minhag.

Which is why I spoke of the need for rabbinic ratification.

Tosafos say that teqi'os demeyushav aren't bal tosif because doing a
mitzvah twice is never bal tosif. This is in contrast to the Rashbah,
who says that since the chakhamim already required more than a minimum
of qolos, there is no maximum.

Neither invoke the Rambam's answer WRT dinim derabbanan, so they would
not seem to be instances of lo sasur. As opposed to the Rambam, Mamrim,
who repeatedly does use "lo sasur" for minhagim. So, a minhag need not
have "yagidu lekha".

Which is how I would conclude that it was specifically the Rambam's
requirement for active Rabbinic statement rather than allowing even a
passive fulfilment of whatever it is the gemara is describing at the
end of ta'anis.

Tir'u baTov!
-Micha

-- 
Micha Berger             The trick is learning to be passionate in one's
micha at aishdas.org        ideals, but compassionate to one's peers.
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