[Avodah] Longevity of Minhag haMakom

Micha Berger micha at aishdas.org
Thu Oct 4 10:17:37 PDT 2018


On Thu, Oct 04, 2018 at 01:19:57PM +0000, Rich, Joel via Avodah wrote:
: New Question: In establishing new city practices, should there be a
: preference for the Torah "standard" or did the Torah only set a standard
: for default situations but really doesn't see it as a paradigm or care
: what we do?

BM 83b is talking about norms for business, which is
likely an entirely different use of the word "minhag" than in issur
veheter. For example, when we say "minhag mevatel halakhah" in CM
discussions, we are relying on the presumption that both parties would
take compliance to local business norms for granted, and a deal can have
any conditional both parties agree on.

In this CM sense of minhag, there is no reason to assume that halakhah
would have problems with other norms emerging, since they are based on
the agreement of all parties.

But that's a whole different topic than Ashk vs Seph differences in the other
3 Turim, which is where we started. That's minhag in the sense of:
1- Rgional pesaq when other regions hold differently (eg bet yosef meat); or
2- Extra-halachic accepted prohibitions or obligations (eg avoiding qitniyos).

Tir'u baTov!
-Micha

-- 
Micha Berger             Education is not the filling of a bucket,
micha at aishdas.org        but the lighting of a fire.
http://www.aishdas.org                - W.B. Yeats
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