We already discussed that Rashi was the first one to be noheg not to pass anything to his wife while she was a niddah. here

The Galya Masechet qoutes the Rambam who says here that minhagim that started after the time of the gemara are not binding. So how can the shulchan aruch and others say that it's an issur to pass to a niddah?

  • 4
    Why do you mention passing to a Niddah and not any of dozens of other post talmudic customary prohibitions such as eating corn on Pesach?
    – Double AA
    Oct 21, 2018 at 3:42
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    We did not establish that Rashi was the first person to follow this minhag. All Tosfos said was that Rashi followed the minhag. Most likely, the minhag is much older than Rashi.
    – ezra
    Oct 21, 2018 at 3:44
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    @ezra I dont know why you think that's most likely (it seems quite unlikely to me), but you are correct about what was and was not established there
    – Double AA
    Oct 21, 2018 at 3:45
  • @Double AA I'm not so well versed in kitniyos or gebrakts halachos. This question may apply to those as well, however I didn't want to make any assumptions.
    – Yitzy F
    Oct 24, 2018 at 13:38
  • @Ezra Let's put it this way: We don't have "evidence" of anyone earlier than Rashi being noheg not to pass to a Niddah.
    – Yitzy F
    Oct 24, 2018 at 13:40

1 Answer 1


The truth is that he actually says they are not binding out of the jurisdiction of where they were accepted upon themselves, but he does not say that they are not binding (even) to the locale where the Minhag began. If not so, why did the Rambam bother writing in Hilchos Ishus 16:7 the Takanah from the Geonim (after the Talmud) that a woman can collect her Ketubah from movable objects (מטלטלין)? And in Hilchos Issurei Biah 11:6 that the Geonim instituted that nowadays there is no דם טוהר?

  • so why would they be binding on someone living in USA?
    – Yitzy F
    Oct 27, 2018 at 23:32

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