(By Rabbi Yair Hoffman for the Five Towns Jewish Times)

For some Kehillos it is an easier task than for others. Indeed, there are Kehillos have gone two years or more having been stuck in the Rabbi hiring process. Hiring a Rabbi has often been a challenging endeavor, yet one that brings everyone out into the action. Opinions are bandied about and advice is dispensed like water:

“Let’s get someone younger – who can bring in more people!”

“We need someone with tochain – we need to grow the shul!”

“Naah, we need someone with life experience – a young guy can’t be expected to handle issues and advise on difficult realities..”

“What is it with this no-college business? Half the kehillah has advanced degrees!”

“What is this a game show? Is this how we are choosing Rabbonim nowadays?”

“What? Two votes? Why not one vote?

“Three candidates, we should have three votes!”

The real question in all of this boils down to one” Are there guidelines to the process found in Shulchan Aruch or the Poskim? Does the Halachic literature give us any insight into this undertaking? What about the responsa literature?

IMPORTANCE

The Rambam (Hilchos Teshuvah 4:2) writes of the obligation to appoint a Rav in every Kehillah in Israel. He should be a “Chachom Gadol,v’zakain, veyarei shamayim mineurav, v’ahuv lahaim sh’yeheye mochiach laRabbim umachziram l’teshuvah.” This means that he must be great in wisdom, venerable, G-d-fearing since his youth, beloved by the congregation so that he can castigate the masses and bring them to repentance. Many Meforshim explain that venerable or zakain does not necessarily mean age – it can refer to the wisdom of age brought about by in depth Torah learning.

The Maharit Tzahalon (1559-1638 in his New Responsa Vol. II #133) writes that from the fact that the Rambam uses the term “tzarich” that the members may be financially forced to make the hire. Indeed, he goes on to say that any congregation that does not hire a Rav is in violation of a prohibition in the Torah (See BaMidbar 27:15-17), “Lo siheye adas yisroel k’tzon asher ain lahem ro’eh – let not the nation of Israel be like a flock with no shepherd.”

The importance of a Kehillah having a Rav is seen in a letter that Rav Akiva Eiger Eiger writes to the city elders of the city of Kempena (Igros Rabbi Akiva Eiger Letter 50) after their Rav had passed away. He explains how many necessary institutions fall apart without a Rabbi – even when there are many Talmidei Chachomim that are in the congregation. He suggests that one of the reasons why some communities are hesitant to appoint a Rav is because they are afraid to place someone to whom they must be subservient to in religious matters. Indeed, in Rav Akiva Eiger’s own will (Asher Atzaveh – a collection of Rabbinic wills page 535) he writes that the matter is of such an urgency, that he wanted a Rav appointed to his own Kehillah after his own death within four weeks.

Rav Yaakov Kamenetsky zt”l was once asked whether it was preferable for a Kehillah to have a Rabbi or a doctor. He responded that it is preferable to have a Rabbi. Why? Because it says in Shulchan Aruch that it is forbidden to live in an area where there is no doctor. “Thus, a Rabbi will ensure that there will be a doctor. A doctor, however, will not make sure that there is a Rabbi.”

PAYING THE RABBI

The Shulchan Aruch (OC 53:22) explains in regard to a Shliach Tzibbur that it is preferable to hire someone for money than to receive his services for free. There are a number of reasons cited for this – some of which apply bith to a Rabbi as well as a Shliach Tzibbur. The responsa B’tzel HaChochma (Vol. V #101) explains that a Mitzvah that one pays for is preferable than one that is not paid for.

Who pays for the Shliach Tzibbur and presumably the Rabbi? The Kehillah members of course. But how is it divided? The Ramah (53:23) explains that the conventional custom is to follow the protocols of the Maharam Padua. Fifty percent of the costs should be borne by equal fee of the entire membership and the other fifty percent should be based upon a financial assessment. It is unclear, however, whether these guidelines are followed nowadays, but it may give some halachic insight into how shul membership fees should be assessed. It is interesting to note that the Shulchan Aruch himself seems to be of the opinion that the entirety of the cost should be based upon financial assessment.

THE WILL OF THE MEMBERSHIP

The Ramah explains that a Shliach Tzibbur should not pray if it is “belo ratzon hakahal – if it is against the will of the Kahal.” If for some reason this has happened, the Kehillah should not respond with Amain to his public brachos. The original source is the Agudah in Kaitzad Mevarchim cited by responsa Rav Binyomin Ze’ev 163. This perhaps may also be a source for the notion that a Rabbi should not be appointed if it is against the democratic will of the Kehillah.

Is there ever foul play or illegitimacy in elections for a Rabbi? The Chasam Sofer (Responsa Choshain Mishpat #160) discusses a case where there were four candidates for the position and relatives of one of the candidates had bribed a number of members to vote for their relative. The Chasam Sofer ruled that the elections are invalid and that if there are witnesses that the Rabbinical candidate was aware of the payoffs – he is invalidated as a Rabbi until he does a complete Teshuvah – penance. Also, all those who received the bribe cannot vote in the next election.

PRECEDENCE OVER A CHAZAN

The Shulchan Aruch (53:24) discusses the preference of hiring a Shliach Tzibbur over a Rav if the Rav is a Talmid Chachom. The Mor UKtziya writes that this was only back then, when not every person could actually Daven. But nowadays that everyone is baki – fully proficient in Davening, the Rav is preferable even if he is not such a Talmid Chochom . Similarly, the Aruch haShulchan concludes that nowadays, hiring the Rav is always the first priority above a Chazan ro Shliach Tzibbur. This has become the clear universal custom.

AGE REQUIREMENTS

Many cities in Europe had something called a “Pinkas Ha’Ir” – these were guidelines and internal rules as to how the city was to conduct itself. The Pinkas of Lithuania (Vaad 5521 #961) initially had a requirement that no Rabbi could be hired who was less than thirty. Apparently, this did not work because a later Pinkas changed this figure to “below the age of twenty.” Regardless, Rav Chaim Ozer Grodzinsky zt”l (Igerres 428) was very much against this ruling because it would not permit anyone to serve as a Rav before thirty. He repealed the ruling.
Clearly, we see that the many issues involved in hiring the contemporary Rav have been addressed in the Poskim and Teshuvos of Torah literature. The phrase hafoch bah hafoch bah d’kulah bah – search it and search it for all is contained in it, is as applicable to the modern Rabbinic search, as it is to all other aspects of contemporary life.

This article is dedicated in memory of the author’s father, Dr. Nathan Hoffman z”l, whose yartzeit is today. Dr. Hoffman was in Eretz Yisroel during the Six Day War, and was one of the first to enter the reclaimed buildings that were lost in 1948. He vividly describes the scenario in a letter he had written to the author’s grandfather.

The author can be reached at [email protected]