[Avodah] Ashkenaz and Minhag Eretz Yisrael

[Micha Berger]

So, I noticed three cases in the AhS recently where Sepharadim end
up doing what's in Shas, and Ashkenazim follow (or followed and then
acharonim were machmir lekhol hadei'os) what one finds in the Yerushalmi.

New data for an old topic. So I'm CC-ing RRW.

1- 18:2-3
Rambam says tzitzs are needed during the day, regardless of the kind
of garment.
Rosh says tzitzis are required on a kesus yom, or a kesus yom valayalah,
but not a kesus laylah -- regardless of when it is worn.

The AhS explains the Rosh's position based on the Sifri and the Y-mi.

Sepharadim hold like the Rambam. The Rama ends up with the chumeros of
both -- don't wear a kesus yom during the night nor a kesus laylah
during the day without tzitzis, but in eihter case -- no berakhah
(safeiq berakhos lehaqeil).


2- 25:10

Menachos 36a: if you didn't talk between tefillin shel yad and shel rosh,
make one berakhah. (Which Rashi understands to mean on both. Tosafos say
it means if you speak, repeat "lehaniach tefillin" to make two berakhos
on the shel rosh.)

But in any case, the Yerushalmi and Tankhuma (Bo) have the two berakhos
as Ashkenazim say them.


3- 31:4 -- tefillin on ch"m

The AhS says it depends on whether the "os" of YT is
1- itzumo shel yom
2- issur melakhah
3- matzah or sukkah, respectively

And if it's the issur melakhah, which the AhS focuses on, whether the
issur melakhah on ch"m is deOraisa or deRabbanan. If it's deOraisa, then
wearing tefillin would be a statement of rejection / belittling the os
of ch"m. (Rashba teshuvah 690) But if the issur melakhah is derabbanan,
one should wear tefillin on ch"m. (Rosh)

Tosafos (Eiruvin 96a) say one is chayav, based on Y-mi MB ch. 3.

-Micha

-- 
Micha Berger                 Zion will be redeemed through justice,
http://www.aishdas.org/asp   and her returnees, through righteousness.
Author: Widen Your Tent
- https://amzn.to/2JRxnDF