general definition of Minhag
- The word Minhag, Hebrew מִנְהָג, is found among others in the 2nd book of Kings 9:2 and means in this context "the driving" of a chariot, but since the rabbinical time this term rather means "custom".
- Minhag refers either to customs that, once accepted, became binding and thus equivalent to other halakhic laws.
- Or to local customs (minhag ha-makom), ergo geographically limited customs, which have been collected in special *minhagim books.
- In addition, the word Minhag can also be used to refer to the different liturgical rites, e.g. Minhag Romania, Minhag Polin, Minhag Ashkenaz.
- Sometimes the term minhag is also used to describe halacha that has its source in the Bible itself, often referred to as "minhag le-dorot".
- It can be assumed that the written law already presupposes the continuation of some customs that were common before the law was enacted
- On the other hand, in later periods, due to the prevailing conditions, foreign customs were integrated into halakhic practice.
- As a source of law, the minhag has primarily the same purpose as legislation, namely to fill a gap in existing halacha when it does not provide a solution to emerging problems, or to amend existing legal norms when necessary.
- The public is endowed with such creative authority on the assumption that since their conduct is based on Torah, their creative authority will be directed in the spirit of Torah.
- the minhag can perform three possible functions:
- Resolving halachic disagreements
- Act complementary to halacha when the current reality of life poses new problems.
- Establishing new norms that contradict the halacha.
- A minhag may be general in the sense that it obligates the entire nation or the public
- Can be local and binding only on the people of a particular place
- The effect of a minhag may be limited to people of a certain class, profession, etc.
- The strong influence of the minhag raises the question of whether it is within the power of custom to modify halacha and under certain circumstances, to override it. minhag mevattel halakhah ("habit abrogates the law").
Rosenzweig on Minhag
In the space which lay outside of that borderline, the minhag, the custom, and the ta'am, the sense, thus a positive one enters in place of the negative permitted. Where there was living Judaism, this has always been so; but if in former times this fact, at least in regard to the minhag, had been officially critical or mildly ironic, in future it will gain full principled seriousness. In principle, no district of life may be abandoned any more. Everywhere the custom (minhag) and the meaning (ta'am) must be given the same rank and the same inviolability as the law. In contrast to what was permitted, there was an essential forbidden thing, which in a certain way gave the commandment a negative character. The classical expression for the fulfillment of the duty, which says approximately: to get rid of one's duty, it has taken on a fatal meaning.
In the space which lay outside of that borderline, the minhag, the custom, and the ta'am, the sense, thus a positive one enters in place of the negative permitted. Where there was living Judaism, this has always been so; but if in former times this fact, at least in regard to the minhag, had been officially critical or mildly ironic, in future it will gain full principled seriousness. In principle, no district of life may be abandoned any more. Everywhere the custom (minhag) and the meaning (ta'am) must be given the same rank and the same inviolability as the law. In contrast to what was permitted, there was an essential forbidden thing, which in a certain way gave the commandment a negative character. The classical expression for the fulfillment of the duty, which says approximately: to get rid of one's duty, it has taken on a fatal meaning.
Primary function of the minhag is to abolish the boundary lines between the non-Jewish and the Jewish.
Rosenzweig here understands the minhag as something positive and claims the outer, gentile sphere, of Orthodoxy is to be understood as something negative.
Whereas for medieval Ashkenazic Jews, the minhag in areas of daily life, took the form of an additional severity, giving even positive minhagim a negative meaning. For many minhagim had a prophylactic function and served to ward off dangerous and unpredictable forces.
But since for Rosenzweig there is no fear of God, all Jewish practice - the positive commandments, the negative commandments, as well as the minhagim - expresses love for God.
For traditional, pre-modern Ashkenazic Judaism, the minhag - which was grounded in the practice of holy communion - had the same status as the law in a similar way to Rosenzweig. At times, it was even accorded a higher status. For law, based on argument and analysis, could always be challenged, while ancestral custom was sacrosanct.
For Rosenzweig, this dangerous, unpredictable world falls away. One adheres to the minhagim within one's means, just as one adheres to the laws within one's means.
In carrying out these minhagim and laws, the law becomes a commandment, and through them one hears God's commanding voice and feels His commanding presence.
Rosenzweig here understands the minhag as something positive and claims the outer, gentile sphere, of Orthodoxy is to be understood as something negative.
Whereas for medieval Ashkenazic Jews, the minhag in areas of daily life, took the form of an additional severity, giving even positive minhagim a negative meaning. For many minhagim had a prophylactic function and served to ward off dangerous and unpredictable forces.
But since for Rosenzweig there is no fear of God, all Jewish practice - the positive commandments, the negative commandments, as well as the minhagim - expresses love for God.
For traditional, pre-modern Ashkenazic Judaism, the minhag - which was grounded in the practice of holy communion - had the same status as the law in a similar way to Rosenzweig. At times, it was even accorded a higher status. For law, based on argument and analysis, could always be challenged, while ancestral custom was sacrosanct.
For Rosenzweig, this dangerous, unpredictable world falls away. One adheres to the minhagim within one's means, just as one adheres to the laws within one's means.
In carrying out these minhagim and laws, the law becomes a commandment, and through them one hears God's commanding voice and feels His commanding presence.