The Power of our Actions

(1) All the customs for which the Sages said that one should follow the custom, that is for a custom made to prevent a transgression such as the one in Pesachim 50: a place in which it is customary to do work on the eve of Passover until noon one does work, and if not to do work one does not. For according to the Torah it is forbidden to do work from noon onwards, for it is the beginning of the time to slaughter the Passover sacrifice. And there are places where they distanced and refrained from work the entire day, and the custom should not be changed. And likewise, the Mishnah (Pesachim 53): in places with a custom to sell small animals to non-Jews one sells, places with a custom not to sell one does not; in places with a custom to eat roasted meat on Passover eve one eats, in places with a custom not to eat one does not; in places with a custom to light candles Yom Kippur eve one lights, in places with a custom not to light one does not; in places with a custom (Pesachim 54) to work on the 9th of Av one works, in places with a custom not to work one does not. And it says in Pesachim 50 As the mishna discusses the requirement to observe local customs, the Gemara relates: The residents of Beit She’an were accustomed not to travel from Tyre to market day in Sidon on Shabbat eve. Their children came before Rabbi Yoḥanan. They said to him: Due to their wealth, it was possible for our fathers however, it is not possible for us to do so. He said to them: Your fathers already accepted this virtuous custom upon themselves, and it remains in effect for you, as it is stated: “My son, hear your father’s rebuke and do not abandon your mother’s teaching” (Proverbs 1:8). All these customs are to distance from Torah transgressions. And the Sages said not to change them. But if there is a custom in a place to transgress, it should be changed even if great rabbis follow the custom, for a court cannot remove a biblical law, even the Sanhedrin in Jerusalem has no such right, except to withhold action but not to perform actions. Even a prophet is not heeded, unless he is established as Elijah on the Carmel, who was obeyed to offer sacrifices outside the temple on a special occasion. And not only should one change a custom to transgress, but also a custom to distance from transgression bit which may result in transgressions should be changed. As it is said in Perek Makom Shenahagu (Pesachim 50b): The residents of the city of Ḥozai were accustomed to separate hallah from rice dough. They came and told Rav Yosef about this custom. He said to them: Let a non-priest eat this dough in their presence to show them unequivocally that this custom has no legal basis. For we are concerned that they will end up mixing up what is permitted with what is forbidden. For from this custom they will think that rice is a type of grain. This is also in the Yerushalmi: If you become unsure of the Halakha do the customary, meaning that if there is a loosening in the Halakha, you become unsure of what the Halakha is, and you see the customary actions of others, then follow their customs. For you can rely for the great rabbis to lead others to follow the Halakha. But if you are sure of knowing the Halakha you have no right to follow the custom that contradicts the Halakha. This is the ruling for customs related to what is permitted and forbidden. In financial matters the courts have the power to make financial regulations according to the times and needs. Even to transgress a Torah law and to transfer assets from one to another, per the Baraita in the first Perek of Baba Batra 8a: Similarly, it is permitted for the residents of the city to set the measures, the prices and the wages, and to fine people for violating their specifications. And it is said in Yevamot Perek Ha'Isha Raba (89): As Rabbi Yitzhak said: From where is it derived that property declared ownerless by the court is ownerless? As it is stated: “And whoever does not come within three days, according to the council of the princes and the Elders, all his property should be forfeited...” (Ezra 10:8). Rabbi Elazar says that the proof is from here: “These are the inheritances that Elazar the priest, and Joshua, son of Nun, and the heads of the fathers’ houses of the tribes...” (Joshua 19:51). What do heads have to do with fathers? This comes to tell you: Just as fathers bequeath to their sons anything they want to, so too, the heads bequeath to the people anything they want to. And all this by making regulations that declare one person's assets ownerless and give it to another. But according to a custom I do not know how they take money from one to another. Understandably with transgressions the custom spreads so that everyone in one place considers the same act a transgression. Even if in other places it is permitted, such as a certain fat that is eaten in Israel but not in Babel. Also working on Passover eve and Av 9th and others. But in finance when the early Sages introduced a marital custom for which there is no source nor hint to allow the wife to bequeath her assets to whom she wishes. And later generations continued this custom to allow the wife to bequeath to whom she wishes. And the scribes wrote and the witnesses signed, even though this is certainly a mistake. And even if there was a judge in the generation who permitted what was written, and through this, the custom is spread and perpetuated. This is not a custom on which one may rely to take assets from one to another. For one may only transfer assets by a court order. Certainly if the judge based his ruling on the early Sages we would listen. But I have seen that judges rule to begin with that the wife has the right to bequeath to whom she wishes, without relying on the earlier ruling, but believe this is the halakha. And it is not permitted to transfer assets, it can only be declared ownerless by the court. Also heard of a judge who ruled in agreement to an earlier judge, but was not able to justify his ruling; he just considered it the custom since he followed the earlier judge. And I said this is not appropriate. Even if judges repeated the same judgment generation after generation based on the first ruling, it is a mistaken custom, and it has to be abolished. For it allows a Torah transgression to move assets away from the rightful heir, other than allowing the court to declare assets ownerless. Also when Sages setup a regulation they obligated others to follow it, without additions nor detractions. And if later Sages wish to add to or detract from the regulation they need to first abolish the first regulation and then to institute a new one as they wish. And as long as they did not do so, there is no power in a custom to abolish a regulation. Asher ben HaRav Yechiel.

(1) To not break a bone from the Pesach sacrifice: To not break any from all of the bones of the Pesach sacrifice, as it is stated (Exodus 12:46), “and a bone of it, you shall not break.”

(2) From the roots of the commandment is to remember the miracles of Egypt, as we have written in the other [related commandments]. And this is also a trunk from the root mentioned: For it is not honorable for the sons of kings and the advisers of the land to drag the bones and break them like dogs. Except for the impoverished among the people and the starving, it is not a proper thing to do this. And therefore, as we began to become the chosen of all nations, “a kingdom of priests and a holy nation” — and in each and every year at that time — it is fitting for us to do acts that show within us the great stature which we achieved at that time. And in the act and reenactment that we do, this thing is placed in our souls for eternity. My son, do not think to pounce upon my words and say, “Why would God, may He be blessed, command us to do all of these commandments to commemorate that miracle; would we not remember it with one commemoration, [such that] it not be forgotten from the mouth of our offspring?” You must know that it is not from wisdom that you would [question] me about this, and it is your youthful thoughts that lead you to this. And now, my son, “If you have understanding,” “incline your ear and hear,” and I will teach you to benefit from Torah and the commandments: You must know, that a man is acted upon according to his actions; and his heart and all his thoughts always follow after the actions that he does — whether good or bad. And even he who in his heart is a complete sinner and all the desires of his heart are only for evil; if his spirit shall be enlightened and he will put his efforts and actions to persist in Torah and commandments — even if not for the sake of Heaven — he shall immediately incline towards the good. And from that which is not for its own sake comes that which is for its own sake [as opposed to being for personal gain]; for the hearts are drawn after the actions. And even if a man is perfectly righteous and his heart is straight and innocent, desiring of Torah and the commandments; if he shall constantly deal with improper things, you could compare it to someone who was forced by the king to work a wicked craft — if he constantly works in that wicked craft — eventually, from his righteousness, he shall have become completely evil. For it is known and true that every man is acted upon according to his actions, as we have said. And the Sages, may their memory be blessed, said about this (Makkot 23b), “God wanted to grant merits to Israel, therefore he gave them many laws and commandments,” to occupy all of our thoughts and all our deeds, to benefit us at our end [i.e. in the world to come]. Because from the good actions we are acted upon to be good and merit eternal life. And the Sages hinted at this (Menachot 43b) with their statement that anyone who has a mezuzah on his door, tsitsit on his garment and tefillin on his head is promised that he shall not sin — for these are constant commandments, and [so] he is constantly acted upon by them.

(3) Therefore, surely observe what [you choose] to be your craft and your dealings, since you will be pulled by them and you will not pull them. And do not let your [evil] impulse assure you by saying, “Since my heart is complete and pure in the faith of God, what loss is there if I periodically enjoy the pleasures of men in the markets and the plazas — to joke with the jokers and to speak finely, and similarly, [to perform] those things for which one needs not bring up guilt-offerings and sin-offerings — do I not have a heart like them, ‘my small finger is thicker than their loins,’ and how would they pull me in behind them?” Do not [say this], my son. Guard yourself from them, lest you be trapped in their snare. Many have drunk the cup of poison due to this, but you should save your soul. And once you know this, the multitude of commandments about the matter of remembering the miracles of Egypt will no longer be a challenge to you — as they are a great pillar in our Torah. Since by greatly engaging in them, we will be acted upon by the matter, as we have said.

(4) The laws of the commandment — for example, the breaking of one of its bones even after the time of its eating; the law if there is a kazayit of meat upon it, what is its law; the law of cartilages and soft tendons that would ultimately harden; and the rest of its details — are elucidated in Pesachim.

(5) And [it] is practiced by males and females at the time of the [Temple]. And one who transgresses it and breaks a bone of a pure Pesach sacrifice is lashed.