[Avodah] Takanos, Minhagim Gezeiros and Seyagim (Was: Amora Differing with Tanna)

[Zvi Lampel]

[Email #1, sent Date: Thu, 19 Oct 2023 8:53pm EDT. -micha]

From: "Rabbi Meir G. Rabi" <meirabi at gmail.com>
> ...
> Gezeiros, Takanos and Minhagim (can someone explain how they differ from
> one another?)

 A Gezeira or Seyag, in contrast to a Takana or Minhag is a decree
initiated by Bes Din that /prohibits/ acts as a means of caution against
transgressing actual Torah prohibitions.

I  don't understand what difference in definition the Rambam holds between
a Gezeira and a Seyag. The commentaries on the Rambam (on his Mishneh
commentary on Eidyus 1:6) are also perplexed. Rashash attempts an answer of
sorts.

The difference between Takanah and Minhag seems clear (and Rav Kapich in
his Hebrew translation of the Rambam's hakdama to the Mishnah cites Rav
Sheilat on the same, saying this):

A Takana is a decree initiated by Bes Din to perform an act  that improves
the situation of society or the observance of mitzvos.

A Minhag is a practice that did not originate with the Bes Din, but with
the people, which Bes Din then approved of and made official.

(The description of Yom Tov Sheyni as a Minhag, may seem to contradict
this, since it was originally instituted by Bes Din. But the explanation
may be that the original institution was only for a time when we did not
rely on calculations to establish Rosh Chodesh. Yet the populace
voluntarily continued to keep a second day. Thus, the practice was begun by
the people, making it a Minhag.)



[Email #2, sent the next morning Fri, 20 Oct 2023 10:13am EDT. It opens by
referring to email #1.
-micha]

On Thu, Oct 19, 2023 I wrote:
> ... A Minhag is a practice that did not originate with the Bes Din, but
> with the people, which Bes Din then approved of and made official.

> (The description of Yom Tov Sheyni as a Minhag, may seem to contradict
> this, since it was originally instituted by Bes Din. But the explanation
> may be that the original institution was only for a time when we did not
> rely on calculations to establish Rosh Chodesh. Yet the populace
> voluntarily continued to keep a second day. Thus, the practice was begun by
> the people, making it a Minhag.)

> Mishneh Torah, Hilchos Shevisas Yom Tov, 6:14

All these things [regarding the second day of Yom Tov] we have said were
[so] during the time that the Bes Din of Eretz Yisrael sanctified [a day
as the beginning of the new month] based upon the sighting [by witnesses
of the new moon], and the people of the diaspora would make two days
[of Yom Tov] in order to deal with the doubt of not knowing what day the
people of Eretz Yisrael sanctified [as the beginning of the new month].

But nowadays, that the people of Eretz Yisrael rely on calculation and
sanctify [a day as the beginning of a new month] based upon that, the
purpose of Yom Tov Sheyni is not to deal with any doubt, but is solely
a Minhag.

Zvi Lampel