<br><br><div class="gmail_quote">On Feb 7, 2008 6:29 PM, Micha Berger <<a href="mailto:micha@aishdas.org">micha@aishdas.org</a>> wrote:<br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
<br><br>Mamrim pereq 2 also asserts that minhagim start with the beis din,<br>whereas most teach that minhagim are from the ground up and only<br>afterwards ratified through rabbinic approval. It is unclear to me<br>that we necessarily hold like the Rambam WRT the scope of beis din's<br>
role in creating practice. It could be that here too the Rambam<br>assigns a greater role than others would.<br><div><div></div><div class="Wj3C7c"><br>SheTir'u baTov!<br>-</div></div></blockquote></div><br>See menachem Elon on Minhag<br>
<br>AS I have posted MANY times before<br>The most usual suspect of a minhag [expecialyl an OLD minhag] is of a p'sak whose author/context has been forgotten.<br><br>This is directly related to the Snahedrin model.<br>
<br>The ground floor model of minhag starting with people is a popular notion but not the main reason for respecting minhag.<br><br>The Rema in Darche Moshe dexxcribes a repeal of minhag that he would later regret because later on a source was located. IOW, the Rema became cosnervative [in the sense of cautious] WRT minhaggim precisely because he presupposed that the Minhag had a source but it was lost. <br>
<br>Ironcially, just as the original soruce of minhag has been lost, so is its orginal meaning. A community that does X at large is thus presumed to have had a poseik/Rav/mora 'dasara in their history that paskened that way once upon a time. <br>
<br>Illustration:<br>This is the Aruch Hashulchan's quasi justification for not sitting in the sukkah on Shmini ATtzeres [or minimizing the sitting/sleeping] in the cold RussianTundra<br><br><br>-- <br>Kol Tuv / Best Regards,<br>
<a href="mailto:RabbiRichWolpoe@Gmail.com">RabbiRichWolpoe@Gmail.com</a><br>see: <a href="http://nishmablog.blogspot.com/">http://nishmablog.blogspot.com/</a>