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Rabbinic methods in Halacha

ResponseCategory: HalachaRabbinic methods in Halacha
Asks asked 9 years ago

Hello Rabbi Michael,
I wanted to ask you whether, according to the law, it is appropriate or correct to be concerned about the methods of our Rabbi Tam regarding the times of day and tefillin, or is there really no point in that?

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1 Answer
Michi Staff answered 9 years ago

I haven't gone into the details of the issue, but at first glance there is definitely some truth to it. Many (perhaps most) of the rishonim and poskim believe the same. But in halakhic terms, the usual custom has taken root, not according to the law. Therefore, it seems to me that there is definitely room for stricter measures in this regard.

Rashi replied 1 year ago

But the Shulchan Ar-Rahman forbids placing it on someone who is not famous for Hasidism.

mikyab Staff replied 1 year ago

And therefore? The question is what the halakha prohibits, not what the Shulchan Arutz Sheva prohibits. What's more, it is unlikely that this is a real prohibition, even according to his system.

ra"h replied 1 year ago

Who is called Halacha if not the Shulchan Arjuna?

mikyab Staff replied 1 year ago

What determines whether it is a halakha or not is not the book that writes it. The criterion is whether there is a source from the Torah or from the rabbis that states a mitzvah or prohibition here. Beyond that, the Shulchan Ar-Rahman does not always make a careful distinction between custom and prohibition.

mikyab Staff replied 1 year ago

(We have only just now discussed his words in the second chapter about the prohibition of walking with one's head uncovered.)

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