[Avodah] FW: Arukh haShulchan and Halachic Process

Micha Berger micha at aishdas.org
Wed Jul 1 15:43:22 PDT 2020

On Mon, Jun 29, 2020 at 01:27:08AM +0100, Chana Luntz via Avodah wrote:
> RMB writes:
>> My thesis so far has been that a regional pesaq isn't a minhag, and that
>> the only real minhag is a minhag chashuv. A minhag garua / minhag she'eino
>> chashuv is just a way of referring what's commonly done.

> So how under your thesis do you explain the gemora in Eruvin 62b:

> Amar Rav Yehuda amar Shmuel:  Halacha k'Rabbi Eliezer ben Ya'akov, v'Rav
> Huna amar: minhag k'Rabbi Eliezer ben Ya'akov.  R' Rabbi Yochanan Amar:
> Nahagu ha'am k'Rabbi Yehuda ben Ya'akov?

People practice like REbY. Why?
R Yehudah amar Shemu'el: that's what we pasqen -- parallel to my example
    of BY chalaq
R Huna: that's the minhag (chashuv), but not iqar haddin -- like glatt
R Yochanan: it's but a common hanhagah tovah

I presume you would say something like:
R Yehudah amar Shemu'el: it'r universal pesaq
R Huna: that's the minhag (chashuv), i.e. a local pesaq

And if that is correct, or not, what do you have R Yochanan saying? He
can't be referring to a minhag garua, since something said by REbY is
"al pi talmid chakham"? Is your take for R Yochanan similar to mine
or something entirely different?

Tir'u baTov!

Micha Berger                 I always give much away,
http://www.aishdas.org/asp   and so gather happiness instead of pleasure.
Author: Widen Your Tent              -  Rachel Levin Varnhagen
- https://amzn.to/2JRxnDF

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