[Avodah] Three Weeks and Private Aveilus

[Micha Berger]

I have a fundamental problem with RYBS's assumption that the 3 Weeks, 9
Days, and 9 beAv itself parallel shiv'ah, sheloshim and shanah rishonah
in reverse order.

But first, the less fundamental issue is that they don't actually
parallel. Does shaving during the 3 weeks, even accoreding to his own
pesaq, depend on people telling you you need a shave? And it is
permissable to eat meat and less than intoxicating amount of wine during
shiv'ah.

Second, leshitaso, 12 chodesh is NOT aveilus, but rather kibbud av
va'eim! Which is how he explains why losing a child, which is far more
painful, ends at sheloshim.

The fundamental issue is that it rooted in his belief that Judaism has no
ritual, and therefore even minhagim and hanhagos tovos must fit halachic
categories. Minhagim, definitionally, are grass-roots practices. (In
previous discussions of Hil' Mamrim pereq 2, I tried to show that even
leshitas haRambam, a minhag differs from a din derabbanan in that a
minhag is first nishpasheit, and only afterwards gets the rabbinic nod
of post-facto approval.) Why would we think the masses would stick to a
halachic form?

And what about numerous counter-examples? The oldest minhag in the book,
klopping hoshanos, what halachic category does it fit? Circling the bride?
Why are qitniyos more chamur than chameitz itself WRT things baked within
18 min?

It seems that Judaism has ritual, in his sense of the word, even
Litvaks. And even if I understood his assumption about minhagim, how is
that a sufficient argument to change practice from the accepted to one
that fits his sevara? It's not a weighing of two shitos, it's pasqening
al pi aggadita, beliefs about the role and meaning of Jewish practice.

-Micha

-- 
Micha Berger             Zion will be redeemed through justice,
micha at aishdas.org        and her returnees, through righteousness.
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