Reply To: When Minhag Trumps Halacha

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ubiquitin
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yekke2

“This ‘weak justification’ comes from Rishonim” Yes I know, thats why I didnt wear a talis until marriage

“so it doesn’t matter if you understand it or not.”

True, though I fully understand it! Minhag Yisroel should be justified. Puk chazi I rely on the maharil no matter how weak the justification. Even the M”B who clearly isnt thrilled with this justification calls it a “davar t’muah” but doesnt actually call for abandoning the minhag! (End of siman 17)

“Again, this isn’t Minhag v. Halachah,”

The M”B seems to disagree. (Though again, he doesnt actually call for the minhag to be abandoned)

” it is Halachah v. Your Question.”

i’m not sure what you mean, what is “my question”? I dont have a question here. The bottom line is There are cases where minhag trumps halacha within. We have no less an authority than the Maharil on whom to justify our minhag. I do not have any question

“and I too never understand the rationale behind not wearing.”

Wonder no more! The rationale for not wearing is becasue that is the minhag! (As to how the minhag devolped that is a historical question, the theory I’ve heard is that it was too expensive to give every 13 year old a talis, as for tefilin, they could be passed on generation to generation so at bar mitzvah a boy could use his Grandfather’s while the Talis either: a. was too worn out to be used and/or b. The deceased was burried with it. but this just a theory (not my own))

“The Hekesh, if anything, would apply to Tzitzis as well.”

Ah, but that isnt the minhag!

DY

Agree with most of the post you linked. However while misleading. the concept “Minhag Oker halacha” DOES exist.

“In other words, a minhag without any halachic support is a minhag shtus or minhag taus. A minhag with halachic support, however, can override the normal klalei horaah and the halacha would follow the minhag.”

I outright said the second clause throught this thread. As for the first clause, While true I cant think, nor has anyone provided an actual example of a minhag without halachic support. (A few decent examples were provided, however even the providers of those examples didnt actual view those following their minhagim in those cases as acting “without halachic support” I.e. those who daven sefard, eat indoors on shemini atzeres are still frum Jews even if some (most?) poskim would pasken they do otherwise)