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

[Micha Berger]

On Sun, Nov 05, 2023 at 09:49:15PM -0500, Zvi Lampel via Avodah wrote:
> On Sun, Nov 5, 2023 at 7:06PM Micha Berger <micha at aishdas.org> wrote:
> > ...
> >
> >     3. Gezeira deRabanan. A rabbinic "fence". These are enacted to prevent
> >        a common cause for breaking the act of the law. ....According to
> >        the Rambam, a gezeira cannot be overturned.

> Per Rambam (Mamrim 2:3) a Beis Din greater b'chohchma u'b'minyan /can/
> overturn Gezeyra, even if its practice spread throughout Jewry, as well as
> a Takanah or Minhag that has spread throughout Jewry.
> 
> Only a Siyag, which he defines as a decree instituted to create a seyag
> laTorah...

> So my question remains, what then per Rambam is the descriptive
> difference between a Gezeyra and a Seyag? What Gezeyra is not a Seyag?

As my notes and I remember it, R Yonasan Sacks didn't ascribe a distinction
between gezeira and siyag to the Rambam. My notes cite the Tif'eres Yisrael
on Eiyos 1 as the source of a distinction between two kinds of gezeiros.

>> 1. Siyag. Fence (Hebrew; gezeirah is Aramaic). Something that will
>> lead to a future violation to do an error in understanding the law. Such
>> as the ban on mixing poultry and milk, lest people become lenient in
>> mixing meat and milk.

>> 2- Cheshash. Concern. Cases where the threat of violation is in the
>> current situation, because one is in a circumstance where habit taking
>> over or other accident is likely.

Since a gezeira can be uprooted by a later BD gadol mimena, and a siyag
cannot, perhaps the Rambam does hold the way the TY later describes, and
simply is assuming that the normal gezeira is to eliminate cheshashos?

Tir'u baTov!
-Micha

-- 
Micha Berger                 When one truly looks at everyone's good side,
http://www.aishdas.org/asp   others come to love him very naturally, and
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- https://amzn.to/2JRxnDF                      - Rabbi AY Kook