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Sunday, November 20, 2011
Left foot of gimel #2
In regard to the question in the last post - can it be that a ois that is kosher for sfardim be pasul for ashkenazim (or opposite).
Tshuva OC36 quotes Sfardi Poskim that csav ashkenaz is pasul for sfardim, since
there are shinuyim between the csavim. He (the ST, I didn’t look up
the seforim he quotes) doesn’t mention what/which shinuyim are m'akev, that are
pasul for Bnei Sfarad.
The Noda B'yehuda
vol 1 YD 80 writes that changes in csav from what is written in BY as csav
ashkenaz, isnt m'akev, since anything that isn't mentioned in the talmud, isnt
m'akev (it isnt clear if the NB means that anything mentioned is always m'akev,
or that at least what is mentioned may be m'akev - if the talmud says so). The NB writes:
notice that csav velish is different from csav ashkenaz. This meant that csav
velish is accepted for an ashkenazi. (I would think this may argue with the ST mentioned).
But this is a
general statement - not every change can be accepted, bnei ashkenaz have
accepted the psak of Rabenu Tam (see Rema 32:4) that "kotzo shel yud
m'akev" is refering to the lower left kotz, against Rashis interpretation
that the g'mara refers to the regel of the yud. But sfardim never accepted RT's
view l'ekuva – it isnt mentioned in the SA. So old sfardi csavim may be found
without Kotz RT and are kosher for sfardim (see Yeriot Shlomo p. 276, footnote
4), and pasul for ashkenazim.
See Shut Zemach
Zedek (OC 18) in regard to kaf pshuta that is squared, the poskim argue. Many
ashkenazic poskim say its pasul (Baruch Sh'amar, Maharil, Magen Avraham, SA
Harav), against this Sefardi poskim say that not only that it is kosher, but
many Sfardi sofrim wrote the kaf pshuta l'chatchila square.
The Zemach Zedek
writes that this is not a subject from the talmud, since there is no talmudic
source to pasel a kaf pshuta that is square (I understand his final
understanding that this is an ashkenazic custom to pasel the kaf, but is not truly
based on the talmud).
One may note also
the controversial issue on zadi of arizal, the yud turned backwards [to the
right]. The Chazon Ish held it was pasul for ashkenazim, since according Baruch
Sh'amar its pasul. The CI admitted that the sfardim are custom to this zadi, so
it is kosher for sefardim, and only pasul for ashkenazim because of their
custom to follow csav BY & Baruch Sh'amar.
into the controversial issue of the arizal's zadi – we see a common idea from Zemach
Zedek and Chazon Ish, that it is possible for one community to pasel anothers
csav – because of the minhag.
It is possible
for ashkenaz or sefard to pasel the csav of the other community, for one of 2
1. A hallachic
dispute between sfardi / ashknazi Poskim which according to one shita is pasul –
exa. kotz RT.
2. A minhag
accepted by one community, exa. caf pshuta squared.
The issue of the
gimel will be continued bezras hashem, in another post.