[Avodah] Safek Tereifah and Damages

[Micha Berger]

On Tue, Jan 15, 2019 at 06:11:47PM -0500, Zev Sero via Avodah wrote:
: Maybe because it's only nohagim, and the owner *could* break the
: minhag, even though he shouldn't.  If it were actually forbidden to
: break the minhag then it would no longer be nohagim, it would be an
: issur...

Actually, that's no so clear. Just as there is an issur deOraisa against
violating dinim derabbanan (lo sasur), there is a shitah that there
is an issur deOraisa against breaking minhag.

Rav Sherira Gaon bases the deOraisa on the gemara's use of "lo sasig gevul
re'iakha asher gavlu rishonim." (Quoted by the Tur CM 368. See Shabbos 85a,
where Chazal use this pasuq about demai, which may be RSG's source that
we take "gevul" as something other than a physical border or target
market.)

This shitah may even be fully accepted by Ashkenazim, which is why we
can say "asher qiddishanu bemitzvosav vetzivanu" on Chatzi Hallel.

(Long time list people might have noticed that my own attitude toward
halakhah has changed significantly in the 20 years this list has been
around. Learning this sugya was a big part of it. And now 5 years or so of
AhS is cementing it. I have grown much more respectful [in a comparative
sense] of minhag in comparison to sevarah than when Avodah started.)

Tir'u baTov!
-Micha

-- 
Micha Berger             Live as if you were living already for the
micha at aishdas.org        second time and as if you had acted the first
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Fax: (270) 514-1507            - Victor Frankl, Man's search for Meaning