(c) Apr 18 2001 RashiYomi Inc. MY COLLECTED & INDEXED MAIL JEWISH POSTINGS-Ver #1
Individual Postings 1st appeared(& were copied in html form) on the Email List Mail Jewish

From: Russell Hendel <rhendel@saber.towson.edu>
Date: Sun, 21 May 2000 23:25:19 -0400 (EDT)
Subject: RE: How we treat REASONS for Minhagim-relationship to practice

I have just finished reading the responses in Mail Jewish Volume 32
Number 27 to why we abstain from eating nuts on High Holy days. Of the 6
respondents (Bill Scherman, Hillel Markowitz, Shlomo Abeles, Ken Miller,
Roger Kingsley and Mordechai) only one gave the 'correct reason'. I was
further amazed at the amount of time spent discussing Gematriahs.

Note that the issue in question--the prohibition against eating
nuts---is neither Talmudic, Geonic, or in the Rishonim. I therefore
would like to seriously raise the issue of whether we are obligated to
ABSOLUTELY follow such prohibitions when they occur in the shulchan
aruch or whether we can follow them as ADVICE CONDITIONAL ON FULFILLMENT
OF REAL REASONS. Furthermore do we have the right to decide which
reasons in the Shulchan Aruch are 'real' and which are just cute memory
devices (Gematrias). Let us review the 3 reasons given for this
prohibition.

The first reason was that CHAIT and EGOZ are numerologically
equivalant. But if that were the SOLE reason for the law then it would
be Biblically prohibited to follow it since it would fall under the
prohibition of SUPERSTITION (Rambam Idolatry 11:4 --e.g. I shouldn't go
out todya because my sandwich fell (seems to me no different than 'we
atone for sin today so I will abstain from nuts which numerically equal
sin').

The second reason was increase of saliva. But I don't know any Doctor
who would concede that if eg you ate nuts Rosh Hashana night that you
would have more saliva the next day during davening. Are we obligated to
follow something so iffy where no medical expert agrees.

The 3rd reason was advanced by Mordechai 'Nuts can cause physical
discomfort (ie intestinal gas)' which would intefer with prayer'.  This
is the correct reason---but this raises questions. (1) If I personally
eat nuts the whole year on Friday night and have no problem on Shabbath
would it be prohibited for me to eat nuts Rosh Hashana (ie is the
prohibition absolute or dependent on reason); (2) If I do experience
personal discomfort is it permissable for me to eat nuts on Friday night
(the rest of the year)

I personally would like to see a thread discussing our views on reasons
in halachah and how absolute our obligations are to non talmudic
prohibitions

Russell Jay Hendel; Phd ASA; RHendel@Towson.Edu
Moderator Rashi is Simple
Http://www.shamash.org/rashi/