[Avodah] how to pasken

[Micha Berger via Avodah]

On Sun, Nov 13, 2016 at 5:55pm IST, R Eli Turkel wrote:
:> One of the cornerstones of halachic practice and Jewish law is
:> "mesorah" the tradition passed on from one generation to the next.
:> Naturally Ashkenazim throughout the generations followed the psak of
:> the Rama which is based on the traditions of the lands they came from.
:> The same is true for Sefardim.

: This is true for Orach Chaim and much of Yoreh Deah  and much of
: Even Haezer. It does not seem to be true for Choshen Mishpat and parts of
: YD and EH

Well, CM is defined mostly by what the two parties agree upon. So social
norms have FAR more room to influence outcome.

One of the two meanings of "minhag mevatel halakhah" is the CM usage,
that if both parties expect a qinyan to occur, or do not expect one,
(or one party to have acharyus, or...) that could mean more than whether
by default halakhah, it would.

Tir'u baTov!
-Micha

-- 
Micha Berger             It is our choices...that show what we truly are,
micha at aishdas.org        far more than our abilities.
http://www.aishdas.org                           - J. K. Rowling
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