Reply To: When Minhag Trumps Halacha

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ubiquitin
Participant

beningnunman.

that is exactly what i have been saying. Though I gave example of “minhag” to bow down to Avoda zara. Obviously “minhag oker halacha” doesnt apply. However the concept is real within a certain framework as laid out by the magen avraham cited earlier.

(and wonderfully explained by you in this post http://www.theyeshivaworld.com/coffeeroom/topic/when-minhag-trumps-halacha#post-608590)

The only thing I was adding is that (by definition) if something is a “minhag yisroel” then it must have SOME rabbinic backing in which case it will trump halacha.

Nobody has provided an example that shows that statement wrong. (though admittedly, the argument is a bit circular and is probably impossible to prove wrong, which is partially my point)

N.C.

Did you look up the Mishna Berura I cited? I transliterated it above. If you dont like my transliteration here is the original:

http://www.hebrewbooks.org/pdfpager.aspx?req=14170&st=&pgnum=56

17:10 The M”B calls us who avoid talis gadol until marriage “yoshev ubatil mimitzvas tzitzis” (Though I freely admit, I dont understand why he sat=ys that I wouldve said like you and in fact mentioned that in my first post, however he does say it is being mivatel a mitzvah, sorry) Nevertheless, we do delay it based on minhag.

(Nor do we add techeles even though there is a tiny chance it is a mitzva based on minhag).

And I’m not sure what you mean, are you saying some hold the HALACHA is a 14 year old shouldnt wear a tallis gadol!?!?