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A fence is a custom of a person who has made a vow.

שו”תCategory: HalachaA fence is a custom of a person who has made a vow.
asked 3 years ago

Hello Rabbi,
I wanted to ask the Rabbi’s opinion on an issue that bothers me, and I haven’t found any organized answers to it in the relevant sources. Regarding the halacha that a custom practiced 3 times is considered a vow – a. What exactly is considered a custom for the purposes of this halacha: Does it depend on a specific intention, and does it also have to be a physical act or does a specific speech/intention in prayer also count as a custom and require permission? b. In some sources, the binding custom is defined as a “good custom” – what, in the Rabbi’s opinion, could be a good enough definition for this boundary? c. Assuming that the answer to question b can be well defined, if a person practiced a positive custom and this became an undesirable burden on him later, would it be correct to say that this is not a binding custom because it makes it difficult, burdensome, and bothers him (and perhaps as a kind of regular vow that sometimes expires in principle in similar cases, of “I do not know this” and so on), or is such a custom binding because it is practiced in principle as positive?
Thank you very much in advance, Shabbat Shalom and Happy Holidays!


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0 Answers
מיכי Staff answered 3 years ago
This is a very vague subject. From the explanation it seems that if he did not intend to accept this as a good custom, there is no vow here. If he clearly intends (positively) that it is not a vow to know, there is no vow here even if he did not say so. Furthermore, Rashad in Minchat Shlomo (Chapter 6, Tza) wrote that the statement on the eve of the Lord that whatever he does is without a vow is certainly beneficial for good customs that are repeated three times so that they do not become established as a vow. If it becomes a burden on him later, a sage can abolish it with permission. It is not automatically null and void, just as the mere fact that a bond has become a burden does not abolish it without the permission of a sage.

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יעקב replied 3 years ago

Thank you very much. Does the Rabbi have an answer to section B of the question? That is, in the Rabbi's opinion, is there a way to define a custom as "good"?

מיכי replied 3 years ago

I don't have a general definition.

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