[Avodah] Who Can Disagree - Decrees Found in ShA

[Micha Berger]

On Mon, Oct 30, 2023 at 11:02:25AM +1100, Rabbi Meir G. Rabi via Avodah wrote:
> 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.

Technically, it's eclipsing an asei besheiv ve'al ta'aseh, not a lav.
And an issur derabbanan can trump an asei that way too, like shofar
on Shabbos.

So, maybe no more surprising than kavod haberiyos trumping a derabbanan.


> 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

Among Ashkenazim, the line is blurry. Which is why we make berakhos on
minhagim -- like on lighting a menorah in shul on Chanukah.

We see minhagim as an implementation of poreitz geder yeshakenu nachash.
To the extent that even "asher qidshanu bemitzvosav" applies to not
violating a minhag.

A lichtikn un freilechn Chanukah!
-Micha

-- 
Micha Berger                 What you get by achieving your goals
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Author: Widen Your Tent      what you become by achieving your goals.
- https://amzn.to/2JRxnDF            - Henry David Thoreau