Siman - Pesachim Daf 51
- Rabbanon in Bavel are subordinate to Rabbanon in Eretz Yisrael
The opening Mishnah of the fourth perek on Daf 50a stated that when someone comes from a place where people are accustomed to do something, such as doing melachah erev Pesach until chatzos, and goes to a place where people follow the minhag not to do so, or the reverse, נותנין עליו חומרי מקום שיצא משם וחומרי מקום שהלך לשם – we impose upon him the chumros of the place from which he departed and the chumros of the place to which he has gone. The Gemara on this Daf relates an incident when Rabbah bar bar Chanah came from Eretz Yisroel to Bavel and he followed his minhag to eat the fat covering the straight part of the stomach despite the fact that the minhag in Bavel was to be machmir and not eat those fats.
The Gemara asks why Rabbah bar bar Chanah did not adhere to a certain Babylonian minhag, and two answers are given. Abaye said the Mishnah’s rule applies to people going from one place in Eretz Yisroel to another, or from one place in Bavel to another, or from Bavel to Eretz Yisroel, but not to those travelling from Eretz Yisroel to Bavel. כיון דאנן כייפינן להו עבדינן כוותייהו – Since we Babylonians sages are subordinate to the sages of Eretz Yisroel, people coming from Eretz Yisroel to Bavel should act in accordance with the customs of Eretz Yisroel. Rav Ashi said that the Mishnah’s rule applies even to those coming from Eretz Yisroel to Bavel, unless one intends to return to Eretz Yisroel, as Rabbah bar bar Chanah did.
- When one can go against the minhag hamakom
The Gemara continues that Rabbah bar bar Chanah said to his son that he should not eat the permitted stomach fat of an animal, לא בפני ולא שלא בפני – not in my presence and not out of my presence, for the following reason: I myself, who saw Rebbe Yochanan eating it in Eretz Yisroel, may do so here, כדי הוא רבי יוחנן לסמוך עליו – since Rebbe Yochanan is worthy of being relied upon, both in his presence and not in his presence. However, you did not see him eating it, so do not eat it, for I am not a sufficiently distinguished authority to rely upon to go against local custom.
- What to do when visiting a place where the minhag is to do melachah erev Pesach
The Mishnah had stated, אל ישנה אדם מפני המחלוקת – a person should not deviate from the minhag of the place he has come to, because of a machlokes that might ensue. The Gemara asks, that if someone is required to keep the chumros of the place from which he came as well, then in a situation where one comes from a place where the minhag is not to do melachah erev Pesach and he arrives in a place where they do melachah, he is clearly deviating from the local custom and invites machlokes?
Abaye answers that the requirement to maintain the chumros of both locals only applies in the case where he is coming from a place that does melachah to one that does not. Rava says the rule can apply to the former case, since when the locals see the newcomer not working, they will assume that it is because he is a בטלן, someone who sits idle and does not work.
