Once a custom (מנהג) has taken root in the community, it is almost impossible to uproot the custom because it has taken on the status of a law (מנהג נחשב כדין). Today’s daf TB Pesakhim 51 tries to clarify when one should follow the custom and when one doesn’t need to follow the custom.
“If matters are permitted but others were accustomed to treat them as a prohibition, you are not allowed to permit these actions in their presence. Rav Ḥisda said: We are dealing with Samaritans, not with Jews.” (Sefaria.org translation) The rabbis considered the Samaritans either unlearned or not very careful about observing the mitzvot. They were afraid that they would apply this leniency to non-applicable cases. The Gemara provides three cases exemplifying this rule. I shall only share one of them as an illustration.
“Similarly, one may sit on gentiles’ stools on Shabbat, even though these stools are typically used for displaying merchandise. But one may not sit on gentiles' stools on Shabbat in the city of Akko. And there was an incident involving Rabban Shimon ben Gamliel who sat on gentiles’ stools on Shabbat in the city of Akko, and the entire city denounced him. They said: In all our days we have never seen that type of conduct. Rabban Shimon ben Gamliel moved onto the ground and did not want to tell them: You are permitted to sit on the stools. The Gemara answers: The legal status of people in the cities, since Sages are not found among them, is like that of the Samaritans. Therefore, it is prohibited to tell them that these activities are permitted.” (Sefaria.org translation) Based on this text, we have to assume that the rabbis treated the city of Akko, still in existence right next to Haifa, as the Diasporan city and not part of the land of Israel.
When can you challenge a place’s custom? “When one travels from one place to another, the Sages impose upon him the stringencies of the place from which he left and the stringencies of the place to which he went? Abaye said: That applies when one travels from one place in Babylonia to another place in Babylonia, or from one place in Eretz Yisrael to another place in Eretz Yisrael, or alternatively, from Babylonia to Eretz Yisrael. However, when traveling from Eretz Yisrael to Babylonia, no, this principle does not apply. Since we, the residents of Babylonia, are subordinate to them in terms of halakha, we act in accordance with their custom, but a resident of Eretz Yisrael is not required to follow the Babylonian custom. (Rashi says the qualitative difference between Eretz Yisrael and Babylonia is rabbinic ordination, semikha. The rabbis in Eretz Yisrael had semikha and the ones in Babylonia didn’t-gg)
“Rav Ashi said: Even if you say that when one travels from Eretz Yisrael to Babylonia, he is required to act stringently in accordance with the local custom, this applies only when his intent is not to return. One is required to adopt the local customs when permanently settling in a new location. However, as Rabba bar Ḥana’s intent was to return to Eretz Yisrael, his point of origin, he continued to follow the custom of Eretz Yisrael” (Sefaria.org translation)
Customs can enhance and give extra meaning to the observance of a mitzvah. Nevertheless, following the custom may diminish and reduce the meaning and the joy of observance especially if the underlining reason no longer applies. We who live in the Diaspora have the custom of observing two days of Yom Tov because a long time ago Jews in Babylonia weren’t sure which day was actually the first of the month. Once the calendar was set in Jerusalem based upon witnesses seeing the new moon, a series of bonfires were lit from mountaintop to mountaintop from Jerusalem all the way to Babylonia to let them there know that a new month have begun. The Samaritans would light bogus fires at different times to mislead the Jews. Diaspora Jews decided to observe two days of Yom Tov because one of them would definitely have to be the right day. In Israel this did confusion not apply so they only observed one day of Yom Tov.
Diasporan Orthodox Jews spending some time in Israel today will still observe two days of Yom Tov. Sticking to this custom makes no sense to me because the calendar is set and everybody knows the correct day of Yom Tov. I think that observing the eighth day of Passover in Israel when everybody else is back to their regular life is crazy.
Somebody once taught me that the word custom in Hebrew מנהג reads backwards is גהנם,
Gehenom or hell! If this isn’t an example I don’t know what is.
No comments:
Post a Comment