Q&A: Ethnic / Communal Halakhic Rulings
Ethnic / Communal Halakhic Rulings
Question
Hello, I wanted to ask: what is the source for the idea that an Ashkenazi is bound by the Rema and a Sephardi by the Mechaber? Did the Sanhedrin say this?! What is the reasoning behind it? And do you accept it? I would be glad for a broad answer and for your article on the subject.
Answer
I don’t have an article about this. There is a note in my article on autonomy in halakhic ruling.
In my opinion, there is no source for this, and one need not conduct oneself that way. This thesis is based on two assumptions, and I disagree with the second of them: 1. The custom of a given place somehow became the custom of entire communities / ethnic groupings (and well known is the view of Rabbi Ovadia, who argued that in the Land of Israel one should follow the Shulchan Arukh, even Ashkenazim). 2. That you are obligated to follow custom even in a case where you have your own position. In my opinion, the first assumption is open to discussion (and perhaps it itself is a binding custom), but the second is certainly incorrect in my view. The Jerusalem Talmud writes that if Jewish law is shaky in your hands, go after the custom. But if you have a halakhic position (provided you are competent in the matter), act in accordance with what you think.
Discussion on Answer
See my article on autonomy.
Is it possible to do annulment of vows if I belong to a community whose halakhic books are hard to obtain, or for whom it is not clear whose rulings they follow?
Which community? I’m not familiar with communal halakhic books aside from Ashkenazim and Sephardim. Maybe there are also Yemenites…
Algerians. They rule in accordance with the Rashbatz, and where he did not speak, in accordance with the Chida.
And when does a person become competent in such matters? Does he need to have mastery of all of Jewish law (something like Maimonides’ view regarding ordination), or is it enough that he has studied the topic carefully, or something else?