[Avodah] What is a minhag?

[Micha Berger]

On Thu, Nov 05, 2009 at 04:58:26PM +0000, rabbirichwolpoe at gmail.com wrote:
: Minhag 2
: Anonymous "g'zeira" that is nispashet

Actually, based on previous discussions of Hil' Mamrim 2:1-3, I
concluded that minhagim are nispashtim and then post-facto approved by
the rabbinate. Not according to all rishonim, but that is the commonly
given model. And it does neatly distinguish a taqanah from a minhag.

As some of you know, I have been blogging one din of QSA a day, sticking
to the simanim that cover business and ethics. My plan is 62-67 and
179-190. See <http://www.aishdas.org/asp/category/business-qsa>

Nu, so here is tomorrow's <http://www.aishdas.org/asp/2009/11/qsa-67-7.shtml>.
The link will have the original text for 67:7 after 5:22am tomorrow.
Here's my translation:
    Someone who practiced some stringency with things that are permitted
    by the law because of making a fence [about the law] or separation
    [from temptation], such as making fasts during the days in which we
    say Selichos, or not to eat meat nor drink wine from the 17th of
    Tammuz on [until 9 Av], and the like -- even if he only practiced it
    the first time but he had in mind to act this way forever, or if he
    did it three times and it wasn't in his mind to act this way for
    ever and he didn't [explicitly] make the condition that it should be
    without a neder, and now he wants to change because he isn't healthy
    -- he needs a removal [of the nefer]. He opens with [stating his]
    regret, that he regrets that he acted in a manner for the purpses of
    a nefer.

    Therefore, if someone wants to practice some stringency for the sake
    of a "fence" or separation, he should first say that he isn't
    accepting upon himself to do it as a neder, and he should also say
    that he doesn't have in mind to do so except this time or those
    times when he wants, and not forever.

Could it be that a minhag (of RRW's type 2) is any [mutar] practice
that is accepted by the community as a whole only if the purpose is
a seyag or perishus? And any other communal practices are just that,
communal practices -- with no bindingness?

Tir'u baTov!
-Micha

-- 
Micha Berger             The fittingness of your matzos [for the seder]
micha at aishdas.org        isn't complete with being careful in the laws
http://www.aishdas.org   of Passover. One must also be very careful in
Fax: (270) 514-1507      the laws of business.    - Rav Yisrael Salanter