[Avodah] Chol Moed Minyan for Those Who Wear Tefillen

[Micha Berger via Avodah]

On Sun, May 07, 2017 at 12:43:36PM -0400, Akiva Miller via Avodah wrote:
: This morning I was learning some Aruch HaShulchan about Sefiras Haomer,
: and he discusses the situation where a single community has varying
: observances of which days of sefira are noheg aveilus. AhS 493:8 analyzes
: when Lo Tisgodedu applies and when it doesn't. ...
: [W]hen DOES Lo Tisgodedu apply? It applies to minhagim, because that is
: outside of the purview of Beis Din, and it is "m'chuar" for Jews to be
: factionalized like that.
....
: help us with Tefillin on Chol Hamoed. That *is* a question of halacha,
: despite the common wording of "My minhag is to do this." And since it
: is a question of halacha, Lo Tisgodedu would *not* apply according to
: the AhS. Except that in 31:4, the AhS says that Lo Tisgodedu DOES apply
: to tefillin on Chol Hamoed.

: I don't know where to go from here. Any thoughts? How can we make 31:4
: consistent with 493:8?

Although as you note wearing or not wearing tefillin is called minhag,
as in: there are minhagim about which pesaq to follow. People aren't
going to rabbanim to pasqen the question anew. So, whether the town
has one beis din and thus should conform to one pesaq or mutilple
batei din and uniformity isn't expected has little to do with tefillin
on ch"m either.

It therefore seems to me that the relevant feature isn't whether the
imperative is din or is minhag, but whether the decision is made by the
local court(s) or inherited.

Tefillin on ch"m or lack thereof are minhag enough to fall on the minhag
side of the AhS's chiluq.

Tir'u baTov!
-Micha

-- 
Micha Berger             Today is the 44th day, which is
micha at aishdas.org        6 weeks and 2 days in/toward the omer.
http://www.aishdas.org   Gevurah sheb'Malchus: What type of justice
Fax: (270) 514-1507                            does unity demand?