[Avodah] Minhag haMakom and the Aruch haShulchan

[Micha Berger via Avodah]

The AhS has some nice qunterusin buried in YD.

He has a mini Sheiv Shemaatesa buried in YD 110:104-end, although in
a couple of places you need to check back to earlier se'ifim. The
se'ifim even have a second numbering restarting with 1.

And yeish/ein bereirah can be found in a tangent off nedarim (swearing
off an item whose identity isn't defined yet): YD 226:22-end.

With an interesting machloqes rishonim about bereirah being about
kavanah/amirah being required but impossible, whether it's like
trying to buy a davar shelo ba le'olam, etc...

In YD 228, the AhS veers off a discussion of nedarim which were made
al da'as rabbim to distinguish them from communal taqanos. So you
get in 228:103 (or so, it's topic drift with no clear line) - 127 a
discussion of such taqanos.

Two data points that may be of interest to the chevrah:

Se'if 114: A community makes a gezeira larabim or a siyag laTorah,
and them some of the benei ha'ir go to live in another city with no
intent to go back -- mikol maqom chayavim linhog ha'issur gam besham,
de'aqarqafta degavrei munach ha'isur.

Se'if 221 cites SA s' 35 that a shevu'a can't bind those not born yet,
but issurim and qelalos can. Moshe's shevu'a is different because
it was HQBH's idea. And Yehoshua's issur of ever rebuilding Yerichos
is with the same kind of exception, or a qelalah.

It seems to me like the ground-work for carrying on minhagim of
the Old Country even after early 20th cent dislocations.

:-)BBii!
-Micha

-- 
Micha Berger             Weeds are flowers too
micha at aishdas.org        once you get to know them.
http://www.aishdas.org          - Eeyore ("Winnie-the-Pooh" by AA Milne)
Fax: (270) 514-1507