A custom that rejects Halacha
I just heard a lesson whose topic was hearing musical instruments during this time, and there was a reply from a rabbi who noted that it is stated in the Rambam and the Shulchan Aruch that it is forbidden, but in general his statement was a concession to Israel, and Israel already practiced it… and I wanted to ask the rabbi what he thought of this argument? Can this be said about everything that seems forbidden, but I don’t think so, and the people are not careful?
Many have already said and written this about hearing musical instruments in the Zama”z. It seems to me that behind these statements lies a perception that it is indeed appropriate to change the halakha, but that we do not have the authority. And if the public is already doing it “from below,” we let them. Note that the full text of this principle is “Let them be to Israel, if they are not prophets, then they are the sons of prophets,” which means that there is some correct insight in the leadership of Israel, and only then does the rule that commands them to be allowed apply. Therefore, we do not say this in every situation unless we feel that the public is acting correctly (but there is no formal authority to actually permit).
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