The Encyclopaedia Judaica defines “minhag” as: “a custom which, through accepted practice over a period of time, has become binding and assumes the force of halacha in areas of Jewish law and practice.” The Jewish Encyclopedia defines it as: “an ancient and general usage, or religious practice, not based on any particular biblical passage, and which, by force of long observance, has become as sacred and binding as the laws instituted by religious authorities.”

After the completion of the Talmud, Jews settled in increasingly remote locations from the Babylonian yeshivot, so their customs became increasingly divergent. Local customs developed in each location, which were highly valued by each community. The Geonim themselves, who had a strong influence on Diaspora Jews between the 7th and 11th centuries, did not wish to change the local minhagim, even if they did not like them. Rabbi Moses Isserles, in his gloss on the Shulchan Aruch, says that the ancient customs practiced by our ancestors should not be abolished.

«Custom precedes law,» is written in Soferim 14:18. And this is true not only of laws prescribed by the rabbis in the Talmud, but also of biblical commandments. Furthermore, even when a halachic commandment was established, in many cases its practice in daily life was defined by custom. However, a minhag cannot annul biblical or Talmudic provisions, and the latter cannot be transgressed for the sake of the former. In fact, any minhag that violates halacha is considered void (Piskei Riaz, Pesachim 4:1-7). Furthermore, our sages say that when a person arrives in a new place, they must adapt to the customs of that place.

There are different types of customs in Judaism, depending on their origin: customs of each country, each city, ethnic origin (Sephardic and Ashkenazi, for example), different denominations (Orthodox, Conservative, Reform, etc.), certain families, the degree of observance (very or slightly observant), scholars, women, non-Jews, and ordinary people. For example, in Syria, it is customary for only men to attend funerals, and in that country this is a practice for both Jews and non-Jews. Celebrating Pesach, the Jewish Passover, is a Torah commandment, but the details of how it is customary to do so can vary by country, place, and even family. The study of minhagim is a very complex task. In general, there are minhagim that are directly related to a commandment, others that resolve a conflict between several commandments, others that have nothing to do with a commandment, and finally, those that are part of the tradition of a place or a family. But they all have one thing in common: their antiquity. And that antiquity is the essence of Jewish identity in every community. That is why our sages teach us: Observe the customs of your fathers.

By Marcos Gojman

Bibliography: Article from the Encyclopaedia Judaica, the Jewish Encyclopedia, and other sources.