| The term minhag, custom, actually refers to multiple types of practices with different kinds of obligations. By understanding better these differences, we can explore which minhagim are subject to removal and how to accomplish that, if you so wish. Generally speaking, a minhag is a type of neder, an explicit or implicit vow to observe a practice. Some nedarim are subject to annulment through hataras nedarim, a fairly common practice. When can we do hataras nedarim on a minhag we no longer wish to observe? When can we stop observing it even without hataras nedarim? I. Types of Minhagim There are four types of customs, four scopes of customs and three sources of customs. Types: - Legal – You mistakenly thought that a practice is forbidden and therefore refrained from it. It isn't an actual law so it is a minhag.
- Ruling – You had a question and asked your rabbi. While this is a matter of debate, he ruled for you. This ruling is your minhag. Others might follow another view and have a different minhag.
- Pious Practice – You adopt extra practices and stringencies out of religious fervor, a desire to do extra.
- Fence – Out of concern that you might sin, you erect a safeguard, an extra stringency to protect you from sinning. This is your personal fence and not a rabbinic enactment. It is your minhag.
Scopes: - Personal – A minhag can be your own personal practice, self-tailored to match your personality and inclinations.
- Family – Many families gave unique practices that are handed down for generations.
- Local – While we do not see this too much today, in past generations there were unique regional and city minhagim.
- Universal – Some minhagim are observed by the entire Jewish people (more or less).
Sources: - Self – A minhag can be something that you adopt. You find a specific practice meaningful so you start doing it yourself.
- Inherited – As is often the case, we are taught minhagim by our parents.
- Mandated – A third source of minhag is a practice an ancestor adopted specifically that his descendants should follow. This has halakhic significance.
With all this in mind, let's address when you can remove a minhag. Two debates are crucial for understanding this topic. Rav Baruch Simon's recent Imrei Barukh: Tokef Ha-Minhag Ba-Halakhah contains three chapters (chs. 3-5) that I found very useful in explaining this subject. II. Permit Us The (Babylonian) Talmud (Pesachim 50b) tells the story of Bnei Beishan who had the minhag of refraining from going to the marketplace on Friday, in order to ensure proper preparation for Shabbos and avoid any potential Shabbos violations. They wished to annul this minhag that they had inherited. Rabbi Yochanan told them that they could not because Proverbs (1:8) says: "Listen, son, to the rebuke of your father and do not abandon the teaching of your mother." The Talmud Yerushalmi (Pesachim 4:1) says that if people observed a minhag because they thought it was the actual law, then if they ask you can permit it for them. If they knew it was not required by the technical law and still observed as an extra measure, then even if they ask, you cannot permit it for them. The Talmudim take minhagim seriously. You cannot simply drop a custom that you don't like. However, there may be ways of removing them. | 
No comments:
Post a Comment