[Avodah] two fictional sects
David Riceman
driceman at optimum.net
Sun Apr 22 07:39:17 PDT 2012
RMB:
<<I am saying the Benei Baishanim, after they left Beis She'an to go
from being the Baishanim to the Benei Baishanim, no longer were
following the minhag hamaqom of Beis She'an.>>
You need to reread the gemara. It starts "Bnei Bayshan nahug ..." so
your distinction between "Baishanim" and "Benei Baishanim" is
untenable. Furthermore the Rivash (#399 -- if you have the Mechon
Yerushalayim edition its the second column on p. 606 -- alternatively
it's cited by the Beis Yosef at the end of YD 214) says explicitly that
the children of Benei Bayshan were still living in their parents' city.
Furthermore I found an AhS (vol. 9 YD 214:32) who says that you lose
your city's customs after you've travelled 2000 amos away with the
intention of moving elsewhere, and don't gain new customs until you
enter within 2000 amos of your destination. He doesn't cite a source
but I'd guess Darkei Moshe YD 228:18*** citing the Mordechai.
As I mentioned before, the one possible partial source of your opinion I
found is the Ran (Tshuva #48 - partially cited in BY YD 228 [p.467 in
the Mechon HaTur HaShalem edition, otherwise look near the Darkei Moshe
I cited above]). He distinguishes between normal minhagei Ha'Ir and
Heramim (particularly Herem d'Rabeinu Gershom), which "akarkafta
d'gavrei rami". It's not obvious to me (and it's a machlokes aharonim)
whether he thinks this applies only to a man who married his first wife
in a place where HdRG is observed or not. Even if not, it's not obvious
to me how it could apply to someone who was born elsewhere. I know
where my grandparents were born, but I have no idea where my ancestors
were in the eleventh century when RG enacted his herem. Even in the
Ran's time HdRG was 250 years old.
Nonetheless you might want to check out the teshuva (the BY's citation
is minimal, so it's worthwhile to dig up a copy of Tshuvos HaRan).
David Riceman
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