Q&A: Where Does Custom Derive Its Authority From?
Where Does Custom Derive Its Authority From?
Question
Hello Rabbi,
From what halakhic category does custom derive its force and authority?
After all, it is not an enactment of the Great Court and the like. So why do we need to heed it?
Answer
The Talmud at the beginning of the chapter “In a Place Where the Custom Is” derives this from the verse, “Do not forsake your mother’s teaching.” Some of the medieval authorities (Rishonim) linked it to the law of a vow.
See the discussion here: http://www.daat.ac.il/daat/toshba/maamarim/tokpam-2.htm
[Though it seems strange to me that he did not cite the two sources I mentioned, which are the basis of the whole discussion.]
Discussion on Answer
I hadn’t thought about that distinction, but I don’t see any source for it. What difference is there? Especially if we’re talking about a vow, what difference is there between a halakhic custom and any other custom?
True, if the source is a vow, then there is no difference (that is relevant to both cases). But the sources brought in the article speak more about the validity of custom as a tool in deciding Jewish law, not as something that gives force to a practice that everyone agrees is not halakhically obligatory.
Well, so what? Even if it deals with custom in deciding Jewish law, the sources I brought are still relevant. If a vow is relevant, why wouldn’t “Do not forsake your mother’s teaching” also be relevant?
There it is discussing custom regarding a halakhic question… Aren’t the Rabbi’s sources more connected to a non-halakhic custom, a mode of conduct (like refraining from work, etc.)?