Minhag Avoseichem B'Yedeichem

I had a thought about one of the topics I've been discussing and I think it might go a long way toward explaining why I think the system as it is doesn't work and why I think it was meant to change with the times, not remain virtually unchanged since the days of the Mishna and the Gemara.

When Hillel HaKatan and his contemporaries set and dispersed the Jewish calendar (ca. 360 AD), they sent a message to the Jewish population in Chutz La'Aretz stating that while the calendar had now been set, "Hizaharu B'Minhag Avoseichem B'Yedeichem," translated as "be cautious, for the customs of you fathers are in your hands." This statement has been widely interpreted to mean that Klal Yisrael outside of Eretz Yisrael must continue to keep two days of Yom Tov. And so, almost 1650 years later, anyone living outside of Israel keeps two days of Yom Tov.

However, I think this statement means something else entirely. Using the last word in this statement, "B'Yedeichem," in YOUR hands, I believe, is the key. I believe Chazal gave us a loopholes and ways to change the halachas as the times change and as circumstances dictate.

I saw a beautiful dvar Torah by R' J.B. Soloveitchik, in the name of his grandfather, R' Chaim Soloveitchik. (Thanks to Rabbi Aharon Zeigler and the Jewish Press, 3/20/07 issue, for this source.) During WWI there was a great shortage of food in Europe. R' Chaim attended a conference of rabbanim to discuss whether to allow Ashkenazim to eat Kitniyos on Pesach. On the one hand, there were the rabbanim who refused to allow Kitnityos, stating the custom, not halacha, but custom, to NOT eat Kitniyos must be observed even when difficult to emphasize the "sanctity of venerated MINHAGIM." Reb Chaim, on the other hand, vehemently objected to this reasoning, pointing out a ruling by the Rambam (Hilchos Mamrim 2:9) that stated if one labels a halacha d'Rabbanan as biblical law, one has violated the prohibition of bal tosif. Reb Chaim maintained the same applies to one who treats Rabbinic law with the same severity as Biblical law, and certainly to one who treats a custom with the severity accorded to Torah law.He therefore argued that prohibiting Ashkenazim from eating Kitniyos during a time of hardship is violating Bal Tosif, since the custom to not eat kitniyos is receiving the same treatment a Torah prohibition would.

Second day of Yom Tov, as another example, is a minhag, not a halacha. Had this minhag, as well as many others, been relaxed when the newly emancipated Jews of the 18th century started to want change, as well as Jews from that time to the present, perhaps more Jews would be Torah observant today.

I pick on Second Day of Yom Tov because I've been given all sorts of excuses for and very weak excuses for the continuation of this custom. The last one I got was that even if there had been all the communications technology we have today (email, fax, phone, texting, etc.), Chachamim would still have insisted Jews outside Eretz Yisrael keep this custom because the time might come when we might be completely cut off from access to calendars as many times in history, the regime of the time would decree Rosh Chodesh not be observed as our entire year is based on Rosh Chodesh and when the new month starts. Not having that available would destroy our observance of any Yamim Tovim. However, in the worst time in history, during the Holocaust, where the Jews in the concentration camps were completely cut off from the world, there are numerous stories of Jews keeping and celebrating Pesach and Chanukah, so, even in those worst of time, the Jews did not lose track of the calendar.

Again, when Chachamim warned the Jews of Chutz La'Aretz about Yom Tov shel Goluyos, they worded their warning very carefully: "Hizaharu b'Minhag Avoseichem B'Yedeichem" - "be cautious with the customs of your forefathers IN YOUR HANDS." They didn't tell the Jews outside of Eretz Yisrael that it was ASSUR for them to chuck Yom Tov Sheini. They told them to be careful with what was in their hands, but to do what they must. This is a very blatant hint for future generations - do what you must to keep Jews from straying. Sometimes that mean being more machmir and putting fences in place, and sometiimes it means the opposite. This point has been tragically lost.