תשובת המהריק בדיני מנהגים

In a previous post we recounted how there were those who wished to reinstate daily ברכת כהנים and were seemingly punished for attempting to do so. This begs the question that, considering that daily ברכת כהנים is a מצות עשה, why would someone be stopped from doing the 'רצון ה?

There were those who suggested to me (often very forcefully) that this is evidence/proof of an איסור to change any מנהג whatsoever.

In a previous post we detailed a number of examples of פוסקים deciding that a given מנהג should be stopped (in some instances using strong language to express their point).

In this article we will present a תשובה of the מהריק in שורש ח that discusses the rules of מנהגים.

Question: ראובן wanted to bequeath his assets to all his sons equally, without giving more to the בכור, claiming that such was the מנהג in his place, and there is a principle that מנהג מבטל הלכה [1].

Answer: in my opinion (says the מהריק) it seems abundantly obvious that this is baseless, because a מנהג is only מבטל הלכה if and where said מנהג is established by the חכמים of a particular locale. Meaning, a מנהג of pious individuals is מבטל הלכה. But a מנהג that has no proof from the תורה is simply a mistake in halachic judgment, and indeed there are many terrible מנהגים that should not be followed. Certainly such a terrible מנהג that uproots a דין תורה [2], and is מבטל the דין of ירושת בכור, should definitely not be followed חלילה.

[1] ירושלמי ב"מ פרק הפועלים הלכה א

[2] One wonders what the מהריק would say on the topic of daily ברכת כהנים (or lack thereof) had he turned his attention to the matter. (I am not aware of any place where the מהריק addresses the topic. Any leads would be much appreciated.)