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ןנברמ אברוצ םיוגה תוקוח תוכלה · 95

RABBI YOSEF KOLON – THE MAHARIK (1420–1480)
Rav Yosef ben Shlomo Kolon was born in Chambery, France (then Duchy of Savoy), in 1420. He studied primarily under the guidance
of his father, who was a well-known Kabbalist as well as a talmid chacham. In 1469, He later served as rabbi in the cities of Bologna,
Mantua, and Pavia , and became the leading rabbinic authority in Italy during his lifetime.. His reputation as a leading halachic authority
grew to the extent that he received questions from many cities in Germany and Turkey. He became the leading rabbinic authority in Italy
in his era. Although he wrote a commentary on the Torah as well as chidushim (novellae) on the Talmud and on the Sefer Mitzvot Gadol
(Smag), he is best known for his responsa, which were collected and published posthumously in Venice, 1519. Many of his responsa are
in fact cited by the Rema as authoritative halacha. Rav Kolon died in 1480 in Pavia.

According to the Maharik, chukot hagoyim includes only actions initiated by non‑Jews that are:
• Clearly based on idolatry, or the logic behind them is unknown.
• Problematic due to being immodest or the like.
However, actions that have a clear reason behind them are permitted. The Rema codifies this approach of
the Maharik as the accepted halacha:

a Rema, Yoreh Deah 178:1 א:חעק ד״וי | א"מר . 14
…But all of this only applies to matters that non-Jews do for וב וגהנש רבדב אלא רוסא וניא הז לכו…
the sake of licentiousness. For example, they are accustomed וגהנש ןוגכ ,תוצירפ םושל םיבכוכ ידבועה
to wearing red clothing, which is the attire of dignitaries, םירש שובלמ אוהו ,םימודא םישובלמ שובלל
and similarly [other] clothing that is immodest. [Similarly רבדב וא ,תוצירפה ישובלממ הזל המודכו
it would be prohibited to perform] an action that they are אכיאד רבדב םעט ןיאו קוחלו גהנמל וגהנש
accustomed to doing as a custom or statute that does not have ץמש וב שישו ירומאה יכרד םושמ היב שחימל
any [apparent] reason, as it must be suspected that it be “ways
of the Emorites,” and it contains an element of idol worship וגהנש רבד לבא ,םהיתובאמ םיבכוכ תדובע
[inherited] from their ancestors. But things that they do for אפור אוהש ימ לכש ןכרדש ןוגכ ,תלעותל
a useful purpose – such as their custom that any certified אוהש וב רכינש דחוימ שובלמ ול שי החמומ
doctor wears distinctive clothing by which he is recognized as םושמ ןישועש ןכו .ושבולל רתומ ,ןמוא אפור
a specialist – one is permitted to wear. Similarly, [an activity] .רתומ ,רחא םעט וא דובכ
done out of respect or other reasons is permitted.

However, the Vilna Gaon argues with the Rema and holds that any custom or statute initiated by gentiles is
forbidden unless we would have practiced it nonetheless. The Seridei Eish explains the Vilna Gaon’s problem
with the Rema as stemming from the Gemara in Sanhedrin, which indicates that even if there is logic to the
practice, it should still be forbidden if it is not mentioned in the Torah.

p Responsa Seridei Eish, 2:39:23 גכ:טל:ב | שא ידירש ת"וש . 15
Now the Biur HaGra challenged the Maharik and the לעו ק"ירהמה לע השקה א"רגה ירואיבב הנהו
Ran [who hold that there is no prohibition unless it is a ןיאש רבדב אלא רוסיא ןיאש ובתכש ,ן"רה
matter that has no reason, or is licentious behavior] based איגוסמ תוצירפ םושמ אוהש וא םעט וב
on the sugya in Sanhedrin where it is stated there: “And ףייס ביתכד ןויכ ,ןנברו :םש אתיאש ,ןירדהנסד
the Rabbis? Since [killing with] the sword is written in the

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