Rabbi Yuter’s series on the Halakhic Process turns to the role of minhag/custom in the halakhic system with a special presentation of his classic post Popular Practice and the Process of Psak – The Role of Custom in Jewish Law
The Role of Custom In Jewish Law
Today’s installment is a write-up of my Mahshevet Hazal shiur on Minhagim. The reason why I’m focusing specifically on customs is that most halakhic arguments are based, either implicitly or explicitly on communal practices and preferences. Still working under our assumption that for Orthodox Jews the Oral Law is authoritative, it would make sense to first see how the Torah Shebe’al Peh defines the role of communal norms in the halakhic system.