there is a din of minhag mivatel halacha. this din is exclusive to the case in the yirushalmi( bava metziah 10) in which workers are hired and there is a dispute how much they should be paid. we paskin that in the case of this dispute we will establish that these workers should be paid based on the minhag of the town and we WONT impose the din of hamotzei me-chaveyro alav ha-raya. according to the way i understand, the minhag of this town was established based the majority of how people are paid and thus establishing the minghag of the city. that is, the core of this particular minhag is a rov. this leads to my question: how can we be motzei mamon with a rov(minhag)?
Adam Austein, lawrence New York USA
In monetary matters, all explicitly stated stipulations are binding on all parties involved in the transaction. It is, therefore, an accepted assumption that all parties enter into a business transaction based according to the prevailing Minhagim.
D. Zupnik