Reply To: When Minhag Trumps Halacha

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ubiquitin
Participant

DY

“Who cares what I would say?”

Me! Dont sell yourself short I value your opinion (even if your wrong most of the time 🙂 .

Thanks for the reply and Joseph your example is a good one too thanks.

Bottom line is I guess I misunderstood the point of the thread.

I imagined it went like this

Guy 1 “why are you doing [fill in the blank] it is keneged halacha?”

Guy 2 “Oh it is my minhag and “minhag trumps halacha”

DY “It doesn’t.”

the reality is that in (virtually?) every case, even the decent examples provided by you and Joseph, those following their minhag (not eating in sukkah on shemini atzeres or davening sefard) aren’t blindly violating halacha because “minhag trumps halacha” What they mean is they are relying on the shitos that allow those practices (And there were/are gedolei olam who did both) since it is their minhag even if most poskim, and perhaps the strict interpretation of halacha disagree. Which is correct behavior as I understand the M”A you provided.

So minhag DOES trump halacha. In the sense that since my family minhag is not to eat in the sukkah and to daven sefard I dont follow R’ Moshe as I might generally but rather follow the minority poskim/gedolim and continue my minhag.