Unpacking the Complex Concept of Minhag Hamakom

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All of Am Yisrael were given the same Torah. However, when observing Jewish society, we see many distinct cultures and communities that seemingly have different practices – why is this? The answer to this, is that alongside our laws, throughout our centuries-long history, different practices in different communities have developed. The term used to describe these, is minhag, custom, and custom abounds in Jewish life. Sometimes, the line between custom and halacha is blurred, and sometimes customs become entrenched in halacha. All of this is the result of thousands of years of Jewish life and evolution in Jewish society. There are many examples of how minhag affects our day-to-day practice of halacha, and one of the very visible aspects of it is in how we, and specifically Jewish women, observe the laws of Tzniut. In this article we will focus on the specific aspect of minhag hamakom – the customs of a specific place or community – and examine how it pertains specifically to the mitzvah and concept of Tzniut.

Halachic Basis

The Concept of Minhag HaMakom is first seen in the Talmud in Masechet Pesachim¹, where there is a discussion on what custom one should keep in a community regarding doing or not doing melacha on Erev Pesach. The conclusion is that each community keeps its own custom. The Gemara then proceeds to discuss what one should do if he leaves his own place and travels to a place with a different custom- which is he obligated to keep?

While we do not have space to debate the entire sugia, the Sages of the Talmud highlight the importance of being respectful of the customs of a place which one visits, not necessarily from the point of view of the custom having halachic authority over them, but rather from the importance of keeping peace and not causing antagonism. In addition, the Gemara points out the danger of a community seeing someone breaking a custom, and then believing that the actual law was broken, a situation of maarat ayin.

It is important to note that in the case brought in Pesachim, and in many cases of minhag, the custom is not the actual law, yet rather a minhag of stringency; the halacha is that only from midday is melacha prohibited on Erev pesach, yet some communities decided to add a stringency to their practice, and refrain from work even in the morning. Other minhagim, however, are more acutely tied to halacha, such as the minhag to paskin halacha according to a particular halachic authority. An example of this would be the Ashkenazi custom to paskin according to the Rema. In both cases, it is clear that minhag hamakom carries authority and should be taken seriously.

The implications of minhag on psak halacha are vast, as is the halachic literature discussing how, if, when and why one can or can’t change their minhag². Perhaps a very relevant example of this for Tzofia readers is the question of when a couple with different customs marry- whose customs should they keep?

Tzniut

While minhag hamakom relates to a vast number of halachic issues, one of the first connotations women may have to it is of its relevance to the practical observance of tzniut. Even in the non-Jewish world, dress styles are representative of certain cultures and influenced by practices and social factors. This is true in Jewish cultures as well, with many variations of Jewish dress across the Jewish spectrum.

When looking at the laws of tzniut, we can see three levels to its laws. The first is of Daat Moshe – which means the laws in the Torah. These are unchanging and provide the basic framework and parameters of the mitzvot. The second is Daat Yehudit, which are the halachically binding practices that women took upon themselves. Modern-day poskim differ as to whether these practices are open to change or halachically binding and unchanging. Daat Yehudit, unlike Daat Moshe, is affected by time and place. Such that the standard accepted by women in one region and at one time will differ to those of another.

The halachic concept of minhag hamakom is an expression of the importance of the role that Jewish society as a whole plays in the continuing practice of halacha. Rabbi Tzvi Hirshfield suggests that minhag hamakom even represents, within the bounds of halacha, a certain pluralism of Judaism, giving space to unique development and expressions based on time and place.

The third level affecting the parameters of tzniut are those of minhag hamakom. As we see, these are not the law themselves, but rather stringencies placed on the law, though in some cases, they will also be the minhag based on the understanding of a posek. (Two very conflicting examples of this are whether one must cover the entire leg³, and whether women are permitted to wear particular styles of trousers.⁴) There are many examples within tzniut of rules of minhag hamakom. They range from acceptable colors, to sleeve and skirt lengths, to exposure of non-erva skin. They also affect what sorts of head coverings may be worn- wigs, scarfs, hats. Each community has set and developed its own standards over time, for various halachic and social reasons.

Changing Society

How is minhag hamakom applied when society changes? We always need to see it in relation to halacha. Thus even in a situation where most people are not keeping a particular practice, it doesn’t suddenly become the minhag hamakom. An example of this is the phenomenon of the early 20th century when many religious, married women stopped covering their hair; this may have been the common practise, but it was a non-halachic practice, and not ‘minhag hamakom’. Applying the laws of tzniut, based only on what we see, on what we perceive to be the prevalent custom is tricky, and for this reason, we are reminded why it is so important to have in depth halachic understanding of the requirements of tzniut (both the conceptual and the practical).

“A community does not always have a single, unified standard of clothing, so that a woman might feel unsure about the halachic validity of specific styles she sees around her. Or she might have a pressing, practical reason to adopt a style that diverges from what is typical in her community. Perhaps she wonders what the guidelines are for adapting a new look to halachic standards. Or she might seek halachic context for the formal and informal dress codes she encounters.”⁵

The discussion here highlights how the Mishna’s endorsement of the authority of local practice is in effect an acknowledgment that standards and observance in specific areas of practice will differ between communities, and that communities have a right to legislate specific areas for themselves⁶.

The application of minhag hamakom, and especially with regards to tzniut, teaches us to approach those different from us with an attitude of respect and shalom. This value, and moreover it’s practise, is an expression of tzniut in and of itself as we learn from the pasuk that teaches us tzniut: He has told you, human, what is good and what God seeks of you: only doing justice, and love of kindness, and walking modestly with your God⁷.

Pesachim 51:23 ↩︎
For a more full discussion on the subject see: https://www.yutorah.org/lectures/803634/Minhag-and-its-Role-in-Psak ↩︎
https://www.deracheha.org/dress-2-the-details/
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https://www.deracheha.org/dress-3-more-details/ ↩︎
https://www.deracheha.org/dress-2-the-details/
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https://www.sefaria.org.il/sheets/538871.34?lang=bi
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Micha 6:8 ↩︎