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Half a shekel – half a shekel

שו”תCategory: HalachaHalf a shekel – half a shekel
asked 2 years ago

Hello Rabbi. Can I, as a Sephardi, fulfill my obligation (assuming there is one) of a male half-shekel, with half a shekel like the Ashkenazim?


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מיכי Staff answered 2 years ago
If you have a clear halachic position that this is how it should be done, then there is no problem. But if you do not, then you must follow the custom, and the Sephardic custom is such. It should be remembered that here there is a reference to the half shekel and not the commandment of the half shekel, and this is not a complete obligation from the state. So there is nothing to talk about here about leaving the Yadach.

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אנא replied 2 years ago

Thank you very much Rabbi. I just wanted to know, 1) Where am I supposed to form a halakhic opinion on such a subject (which is only a memory of …)? And are there sources that can be discussed? Is this just a custom that began a few hundred years ago?
2) Perhaps since in all halakhic rabbis doubt rabbis' interpretation, then even more so in later custom. ?
3) Interesting to the point on the same matter: Does doubt from the Torah to the humara and doubt from rabbis' interpretation outweigh the custom of ruling as Sephardim or Ashkenazim (but then there would be no significance to ruling by evidence, because everyone would follow the rule of spikot)?

אנא replied 2 years ago

*Amendment B3)
Overrides “custom” to rule

מיכי Staff replied 2 years ago

I also see no way to formulate a position, so it is reasonable to follow the custom here.
There is no doubt that there is a custom.
This is not a question of which prevails but of the order of precedence. You apply the custom first, and then there is no doubt anyway, and there is no need to apply the rules of spikot. Just as when there is a presumption, you apply it first, and then there is no doubt. The laws of spikot are intended for a situation in which there is no other possibility of a decision.
This is the reason, for example, that in times of stress, they leniently consider an opinion that has not been ruled on by halakhah and do not follow the laws of spikot.
I think I dealt with this briefly in my article ‘What is Kula’.

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