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From: rhendel@mcs.drexel.edu (Russell Hendel)
Date: Thu, 10 Apr 1997 22:14:43 -0400
Subject: When Minhag Intefers With Observance

Martin Rosen brings what I consider excellent arguments for allowing
(given the criteria he mentions) Mikvah for women during the day.

This brings up a general question that has bothered me for a long time.

While Minhag yisroel has a status of Din is it permissable to abrogate
that minhag either temporarily or permanantly either for an individual
or community if the minhag creates a "bother" whose removal would
increase observance of the mitzvah.

A simple example of this would be to remove "learning" between Minchah
and Maariv or removing "excess Mishebayraching" (or Chazanuth) in order
to increase shule attendance.

Another example I have seen on occassion is when I have told people that
Sefirath Haomer can be accomplished just by saying the blessing and
counting in English (instead of saying all the Kabbalistic prayers in
the Siddur). I have actually gotton some people to start observing this
mitzvah by doing this.

A more complex example is the one brought by Martin Rosen: Certainly
Tzniuth has created many minhagim (like going to Mikvah by night). But,
even if Martins arguments are wrong, suppose people's perception of
Mikvahs at night or their fears of going inhibit a small percentage from
going. Does this legitimize abrogating the nighttime injunction to
increase going.

(Let me put it this way: Suppose a community tries daytime Mikvah for a
month or two and sees a statistically significant rise in average mikvah
attendance---by the words statistically significant I simply mean NOT a
dramatic increase but rather enough of an increase so that a
Statistician can say with confidence that the day vs night caused the
increase).  I realize this would not justify encouraging daytime Mikvah
in all communities but would it justify it in this community I believe a
strong argument for overriding minhag exists here.

Russell Hendel, Ph.d, ASA; rhendel @ mcs drexel edu