Monday, April 26, 2021

Can a minhag trump halacha?

Rosh haShana 15b  (I copied from Sefaria with the translation below) --  the upshot of the gemara is that even though though the minhag to maaser carobs based on the harvest year contradicts what the din should be, since we are dealing only with an issur derabbanan, the minhag stands.  

(In this case the minhag was based on a legitimate minority view.  Sometimes what people call a "minhag" is based on nothing and therefore may not carry the same weight.)

אָמַר רַבִּי יוֹחָנָן נָהֲגוּ הָעָם בֶּחָרוּבִין כְּרַבִּי נְחֶמְיָה 

Rabbi Yoḥanan said: The people were accustomed to act with regard to carobs in accordance with the opinion of Rabbi Neḥemya, that their tithe year follows the time of the fruit’s picking.

1 comment:

  1. so maybe thrice daily tefilah, "derabbanan" as it is, can be trumped by the latest minhag that says "shul is not so important"*? give or take a carob...

    *from the post of 11:25 a.m.

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