Sprache:
Hebräisch
Erscheinungsjahr:
2021
Titel der Quelle:
ליבי במזרח
Angaben zur Quelle:
ג (תשפא) 273-338
Schlagwort(e):
Property (Jewish law)
;
Responsa 16th century
;
Responsa 17th century
;
Rabbinical literature
;
Rabbinical literature
;
Judaism Customs and practices
;
History
Kurzfassung:
This article discusses the attitudes of the Istanbul and Salonika halakhicscholars (hereinafter: the sages) in the 16th–17th centuries relating tothe question, whether a self-created monetary custom can overridehalakha or it is conditional upon receiving any support. Tanaitic andAmoraic sources stated that a monetary custom overrides halakha anddoes not require any support for the custom. Only during the earlyhalakhic authorities (hereinafter: Rishonim) period did a controversyarise over the question at issue, and it continued in the period underconsideration.This study discusses 66 sources, almost all of which are responsa,written by 18 sages, who dealt with customs in a variety of fields, inparticular: commercial affairs, marital rights between spouses andinheritance. Ten of the sages ruled that a monetary custom does notneed support in order to override halakha. They justified it on thegrounds that people contact with each other based on the custom andit's as if they have made such a condition between them. They relied onTalmudic sources and especially on the Spanish Rishonim(Maimonides, Rosh, Rashba and others).On the other hand, four other sages ruled that in order to overridehalakha, the custom must be “a custom of vatikin”, i.e. a custom whichsages instituted or endorsed (based on Or Zaru'ah, Mordechai and otherAshkenazi Rishonim), or that it must be enacted as a communalenactment (based on responsa of Alfasi, Nachmanides, Rosh andRivash). Rabbi Eliyahu Mizrahi explained that an approval of sages isrequired to verify that the custom is indeed proper and not “a badcustom”. Other sages may also have understood similarly. Four othersages did not decide the question at hand.
Anmerkung:
With an English summary.
URL:
אתר את הפרסום בקטלוג המאוחד של ספריות ישראל
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