Q&A: Jewish Law and Custom
Jewish Law and Custom
Question
Hello Rabbi,
I saw in one place that you wrote that if I learned a Talmudic passage and my conclusion came out like one of the medieval authorities (Rishonim), I can follow his view.
But elsewhere you wrote that nowadays customs follow not the place but one’s ethnic/community origin. So if I also learned a Talmudic passage and my conclusion came out, say, like the Shulchan Arukh, am I still obligated to follow the Rema, as in Hullin 18 and in other places in the Talmud?
Answer
You are mixing different planes. When you learn, and if you are qualified, you should conduct yourself according to the conclusion you reached in your learning. If you do not have a position, then you follow the custom. Today, custom is the custom of one’s community/origin (as opposed to the past, when it was the custom of the place). Ashkenazim have the custom to follow the Rema, and therefore if you do not have your own position, follow him. But if you do have one—do what your learning led you to conclude (if you are qualified).
Discussion on Answer
See there in the commentators, who wrote that this is speaking about a stringency and not about Jewish law. In his place of origin they were stringent not to eat something deemed improperly slaughtered according to Rav and Shmuel. Clearly this is not a halakhic custom but an extra-halakhic custom, and in that case one indeed follows the custom. I was speaking about halakhic ruling, where custom has no place except when I do not have a position of my own.
Thank you for the answer, but the Talmud in Hullin 18b brings that Rabbi Zeira ate an improperly slaughtered animal according to Rav and Shmuel because that is what his own conclusion was, and the Talmud asks: does Rabbi Zeira not accept the stringencies of the place he came from? And the obligation to follow the local custom comes from that Mishnah.