[Avodah] local custom

[Micha Berger]

On Thu, Dec 03, 2020 at 02:04:17PM +0000, Rich, Joel via Avodah wrote:
> > To return to RJR's question, it seems from the Shulchan Aruch Harav
> > that "mpnei machloket" is exactly what it sounds like. If everyone is
> > accepting of the differences, then "mpnei machloket" is not a problem
> > (although "lo tisgodedu" might still apply). But if the situation is
> > such that machloket could arise, that's "mpnei machloket".
> 
> Which raises the question does/should this vary by community and time?

I didn't take it that way... I took it as an answer.

"Mipenei machloqes" is all about whether or not people actually do argue
about some split in practice. It's all situational by definition.

Tangentially (maybe):

I suggested in the past that the way Sanhedrin was set up, the same was
true of which topics Sanhedrin pasqened on. Not talking legislation, but
pesaq.

Why was there no resolution for (e.g.) what was the right order for
parashios in tefillin during bayis sheini? We know from archeology
there were at least three different practices, including "Rashi" and
"Rabbeinu Tam" orders. And yet the question is still open in the
days of rishonim!

Well, if an LOR was comfortable with a question, he wouldn't have reffered
the question to the town's beis din. And if the town's beis din was okay,
it wouldn't go up the ladder to the sheivet's beis din. And so on to the
beis din outside the BHMQ up to the Sanhedrin itself.

The second way a question could reach the Sanhedrin is if the question
spanned multiple jurisdictions. Like if two shevatim were involved in a
dispute. Or, if a question about a din requiring a pesaq came from multiple
quarters.

So, Sanhedrin or the beis din in front of the BHMQ only gave one national
answer if either:
- the question was too complicated for a lower court, or
- the arguing wouldn't stop if there wasn't a single national ruling.

And without an argument, many questions would just continue going with
multiple right answers and regional practices.

Tir'u baTov!
-Micha