New on the site: Michi-bot. An intelligent assistant based on the writings of Rabbi Michael Avraham.

The status of a halakhic custom

שו”תCategory: HalachaThe status of a halakhic custom
asked 8 years ago

Have a good week, Rabbi,
In Tractate Chulin, page 6, page 2, it is written:
Rabbi Yehoshua ben Zeruz, son of Rabbi Meir’s father-in-law, testified before Rabbi Aram that he ate a leaf of a vegetable in Beit Shean, and Rabbi permitted the entire Beit Shean by his side. His brothers and his father’s house joined in on him, saying to him: Where your fathers and your fathers practiced a prohibition, will you practice a permit in it? He demanded of them this reading: And the bronze serpent that Moses made, for until those days the children of Israel burned incense to it, and he called it Nehushtan, did Asa come and not burn it, did Jehoshaphat come and not burn it? And did not Asa and Jehoshaphat burn all the idolatry in the world! Rather, a place that his fathers allowed him to circumcise himself in, and I too, a place that my fathers allowed me to circumcise myself in. Hence, for a scholar who said a matter of halakhic law, he is not to be tainted.
What lessons do you think can be drawn from this story, and in particular what do you think the lessons are regarding the status of a halakhic custom?
Apparently, to the best of my understanding, from what is said in the Holin, we can learn that the status of the halakhic custom is not so binding, and where we have a reason to change a halakhic custom, we should do so, whether by changing the wording or the meaning. However, the halakhic arbiters of our time and even of several hundred years before us seem to me to have given a great deal of weight to the halakhic custom, and only where they had very good reasons to change did they change the halakhic custom, and even that usually by changing the meaning, but in changing the wording, here it takes almost a bat kol to change the halakhic custom.
For example, the Beit Yosef in its introduction wrote:
“And if in some countries they have practiced prohibitions on some things, even though we rule to the contrary, they will maintain their custom because they have already accepted the words of the sage who forbids them, and it is forbidden for them to practice a permissible practice in the chapter where they practiced it (Pesachim 5:1)”
Although it is perhaps possible to understand the Bible that the entire obligation to continue to adhere to the custom of prohibition stems from the fear that the peoples of the lands will come to permit outright prohibitions when they see that a wise man practices what is considered a prohibition to them (as is stated in Pesachim, please), whereas where this fear does not exist, it is permissible to abandon the custom of prohibition.
Best regards,


Discover more from הרב מיכאל אברהם

Subscribe to get the latest posts sent to your email.

Leave a Reply

0 Answers
מיכי Staff answered 8 years ago
It is very difficult to learn the laws of custom from what existed at the time of the Gemara. Back then, each place was a bubble unto itself with fixed customs passed down from generation to generation. Today, the place has lost its meaning, and therefore the binding custom has become an ethnic-genealogical custom and not the custom of the place as it once was. Today, people from place X practice like a rabbi from place Y, and therefore I think that today this halachic policy is not in effect. The same goes for not having two halakhic schools in one city. Today, there is no city without a halakhic school for each community, because the determining unit is not geographical but ethnic-genealogical (city=community). Therefore, customs do not have much significance today, and copying the laws of customs from that time to the present is problematic. In any case, this is a meta-halakhic policy, not halakhic, and policy should be examined according to the circumstances and time.

Discover more from הרב מיכאל אברהם

Subscribe to get the latest posts sent to your email.

אורן replied 8 years ago

The story in Holin is not just about the customs of a particular place, but rather halachic customs of all of Israel (such as the custom that there is no obligation to cast the bronze serpent in the days of Asa and Jehoshaphat, or the custom that Beit Shean is not within the borders of Israel for the purpose of the Teru in the days of Rabbis). And here the question arises as to why in our day we do not practice a more liberal halachic policy regarding halachic customs of all of Israel.

מיכי Staff replied 8 years ago

I think this question belongs more to sociology than to halakha. Today there is a great fear of harming customs due to reform and the like. Many things that the Tanais did we do not allow ourselves to do.

Leave a Reply

Back to top button