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Sectarian ruling

שו”תCategory: HalachaSectarian ruling
asked 6 years ago

Hello, I wanted to ask: What is the source for this? An Ashkenazi is obligated to the REMA and a Sephardic author, and did the Sanhedrin say this?! What is the explanation for this? And do you accept this? I would appreciate a broad answer and your article on the subject.


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מיכי Staff answered 6 years ago
I don’t have an article about that. There is a comment in my article about autonomy in case law. In my opinion, this has no source and should not be done this way. This thesis is based on two assumptions, neither of which I agree with: 1. The custom of the place has somehow become the custom of the community (and the opinion of Rav Ovadia is well known, who claimed that in the Land of Israel one should act as Shul, even for Ashkenazim). 2. That you are bound by custom even in a place where you have a position. In my opinion, the first assumption is debatable (and perhaps it itself is a binding custom), but the second is certainly incorrect in my opinion. The Jerusalemite writes that if the halakha is loose in your hand, follow the custom. But if you have a halakhic position (and if you are a barrister) – do as you think.

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אליעזר replied 6 years ago

And when does a person become a bar-hi? Does he need to master all the halacha (and like Rambam”s opinion regarding ordination) or is it enough that he has thoroughly studied the issue, or something else?

מיכי Staff replied 6 years ago

See my article on autonomy.

‫נ replied 6 years ago

Is it possible to make a vow waiver if I belong to a community whose ruling books are difficult to obtain, or whose practices are unclear?

מיכי replied 6 years ago

What sect? I don't know of any sectarian rulings except for Ashkenazi and Sephardic. Maybe there are Yemenites too...

‫נ‬‎ replied 6 years ago

Algerians. They rule according to the script and where he did not speak, according to the riddle.

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