1. Is is true, that there is a response from the chatam sofer, that writes that all the minhagim that we have are very important and they have come form halachic rulings (they have mekor)?
2. Does maran ha bet yosef agree that when in some place there is a custom against his halachic ruling, the people from that place should follow the regional custom?
I just want to thank you for your job helping people to learn torah and wish you hatzlacha in all of your answers and all of your maasim.
Answer:
1. The Chasam Sofer writes in a number of responsa that where we have a custom, which does not originate in a clearly ruled halachah, then the very force of the custom can be considered a neder, and receive the force of Torah law. He uses this mechanism with regard to non-supervised milk (Yoreh De’ah 1:107), and to a number of other issues.
2. There are many instances in which the Beis Yosef relies on the force of the custom for halachic rulings. Where the custom is not like the Beis Yosef, Sephardi authorities, and in particular the Ben Ish Chai, write that we follow the local custom, rather than the ruling of the Beis Yosef (of course, this is the general approach of the Rema concerning Ashkenazi custom).
Although one can assume that the Beis Yosef agrees with this approach, I don’t know of a specific source where he mentions the specific issue.
Best wishes.
