Reply To: When Minhag Trumps Halacha

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#1180459
ubiquitin
Participant

NC

(sorry for the delay, ive been busy)

“Yes, it is correct that there are plenty of minhagim that have nothing to do with Halachah.”

Oh good! I guess I misunderstood you earlier. My apolagies

“However, as for those that do, it’s not because one side is going against halachah and the other isn’t.”

Obviously the people following a minhag don’t think they are breaking halacha.

” There can be differing halachic opinions without it meaning that one is “trumping the halachah.””

true however there are cases where minhag oker halacha exists. We seem to be going in circles

“Also, I thought somebody mentioned on another thread that the Rema considered Kitniyos fully assur. “

It is assur, because of a minhag!

Sadly this conversation is getting more repetive than most of mine. So I’ll some up succinctly (though without adding any further examples to the several ive brought earlier)

Bottom line is see Magen avrohom cited by DY, clearly “minhag oker halacha” exists. He says so explicitly. Granted it (like many of our rules) has rules where it applies and is not a blanket pass for any act somebody decides is a minhag, however it seems to apply to every minhag yisroel Ive encountered both in real life and on this site in general and this thread in particular