Sources of Halacha 11 – Halachic minhagim

This shiur is a continuation of last week’s shiur. The Talmud seems to contradict itself in the halachos of Shema in the evening and in the morning. It seems to uphold two opposing opinions.

The Rif explains that one is l’chatchila and the other is b’di-eved, but maintains that both are halacha.

Baal HaMaor challenges the Rif, saying that two contradictory opinions cannot both be halacha. The only thing that the two opinions agree on is that they are mutually exclusive!

Rabbi Triebtiz answers on behalf of the Rif by using the concept of minhag. Since the times of Shema are phenomenological (based on when people get up and go to bed) different minhagim can all be valid. And since the minhag is valid in one place, it is acceptable as a b’di-eved opinion even in another place.

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Source of Halacha 11

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