[Avodah] Who Can Disagree - Decrees Found in ShA

[Rabbi Meir G. Rabi]

Chief Rabbi Eliyahu Bakshi-Doron, has written in his Sefer Binyan Av 4:39,
a significant discussion re the ability of making binding decrees after
Chasimas HaTalmud. He concludes we have no such power.

He brings a wonderful illustration of a decree that stands, permitting that
which ought to be prohibited,
and may not be altered
even where it is clear that in our changed circumstances Chazal would
almost certainly have prohibited i.e. NOT applied their decree to permit.
One need not undress in a public zone in order to remove ones Tzitzis -
Human Dignity is so great that it eclipses a Torah Prohibition.
Does the same rule apply to one who is wearing a Tallis Gadol? even though
there is no disgrace or discomfort?
Yes!
can be viewed here
https://beta.hebrewbooks.org/reader/reader.aspx?sfid=52137#p=182&fitMode=fitwidth&hlts=&ocr=
 at the end of the page.

As for the many additions found in the ShA that are beyond what is found in
the Gemara
It must be considered that these are not necessarily binding as Halacha
even though we describe it as Halacha

It is possibly, and quite likely just a convention that has been broadly
accepted
and its enforcement is more a reflection of community pressures and peoples
desire to go along to get along

Many Yidden do not kiss their Tzitzis when reciting Shema or BSheAmar - is
that a problem?

More and more Ashkenasim are consuming Kitniyot - is that a problem?
if yes, is that because it ruffles feathers or because there is a real
halachic problem?


Best,

Meir G. Rabi

0423 207 837
+61 423 207 837
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