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A talmid chacham who was not the rabbi of the town in question asked for Rav Nathanson’s guidance and/or permission in the following sensitive halachic and "political" question.
Request: In our city, the prices of kosher meat are unjustifiably high. One of several indications is that the prices are much higher than those in other communities in our region. The community banded together to threaten that if the butchers do no lower the prices, we will halachically ban meat consumption. The great majority of the townspeople and lay leaders agreed to this step. The local rabbi did not, but since we felt that he is an interested party, since the number of kosher animals sold is one determinant of his salary, we went through with the ban without his permission. He is now claiming that the ban is not binding, and his family and some others in town have continued to eat meat, which endangers the effort to lower prices. The rabbi’s two claims are that a ban is invalid without the local rabbi’s agreement, and that it is invalid if signed by different people at different sittings. Can you support our position against the local rabbi?
Response: I will not fight with the local rabbi and cannot say anything definitive, but I will discuss the merits of the two issues you raised.
The Rama (Choshen Mishpat 231:28) says that not only do the bans made by trade groups need the approval of the local rabbi, but even those made by the townspeople as a whole need it. While the S’ma (ad loc. 45) cites the Maharam Alshaker who argues, the Shach (ad loc. 4) sides with those who require the rabbi’s approval in both cases. However, all opinions should agree that if the rabbi has an interest against the ban, then his acquiescence is not necessary. In fact, the financial welfare of the townspeople is one of the rabbi’s responsibilities. Also, although the Rosh (Bava Batra 1:33) says that even decision of all the townspeople requires the rabbi’s agreement, the gemara (Bava Batra 9a) works well with the Rambam (Mechira 14:9-11) and others who say that while craftsman’s bans are valid only with permission, the entire populace does not require it.
If I understand the local rabbi’s intention correctly regarding the need for all to be together, that is true in regard to a beit din ruling based on logic, in which case they need to be present together to discuss the indications. However, concerning agreeing to institute new rules, as long as there is agreement, even if people are approached separately, their agreement is valid. Another factor that makes it possible to make the ban is that one is not taking money from anyone, just that the decision is that people will not eat meat, which results in a lack of profit, which is different from loss.
The type of agreement you need is, if not unanimous, then at least a clear majority of the taxpayers. It is also required that the intentions of those who institute the ban are noble, and not connected to quarreling. Since I am not familiar with your local dynamics, I instruct you to consult with Rav Yaakov Nathanson, as well.
P'ninat Mishpat (825)
Various Rabbis
337 - Can the Old Window Stay?
338 - Sanctions Against Overchargers Against the Rabbi’s Will
339 - A Guarantor on a Loan/Investment
Load More
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part II
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part III
based on ruling 84013 of the Eretz Hemdah-Gazit Rabbinical Courts
Peninei Halakha 5. Weddings and Engagements during the Omer Period
Chapter 3: Customs of Mourning during the Omer Period
Rabbis in Midrash
Lessons
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Kuzari -Rabbi Ari Shvat Kuzari class 5- "Proofs of G-d"
This may be the most important class of the entire book, where we finally get to the Jewish proof of the existence of G-d and truth of the Torah. We should follow His own direction where He tells us how to get to Him: through the Nation of Israel: Jewish history, Jewish prophets (and today, prophecies fulfilled), and national reward & punishment towards Am Yisrael.
Ein Aya One Humanity, One Creator, One Jerusalem
Rav Kook innovatively and beautifully explains this aggadeta where our sages say that after Jerusalem was destroyed her cinnamon fragrance is only found locked in a particular kingdom's treasury.
Shlach Lecha "Why So Many Don't Make Aliya?" - Parshat Shlach
This short article deals with the weird phenomena that every single time Am Yisrael is meant to enter the Land of Israel, throughout the Tanach, 2nd Temple and until today, they "chicken out" and look for excuses. What's the problem with this mitzvah that proves so challenging. The article, based on sources, suggests that the difficulties of Eretz Yisrael is precisely her secret and beauty!
Kuzari -Rabbi Ari Shvat Kuzari class 4
The class deals with Islam and how the Muslim tries convincing the King of the Khazars, and why he was also rejected.
Beha'alotcha JEWISH STATE= GUIDE TO G-DLINESS & SELFLESSNESS
A Jewish State not only is a good idea, but educates us towards selflessness, altruism and G-dliness in our daily lives.
Ein Aya In Zion Even the Smoke of the Bark is Sweet
Just as Jewish nationalism is different from others, so too our capitol of Jerusalem is totally different than other national capitols. Rav Kook beautifully explains the passage in the Talmud that the trees of Yerushalayim were cinnamon trees.
Kuzari -Rabbi Ari Shvat Kuzari class 3
The second speaker invited to convince the Khazar King is the Christian, who presents their beliefs. Even before the questions of the King, "between the lines", the author R. Yehuda HaLevi already begins disproving them.
Ein Aya "Intimacy: Love, Life & Giving or Egocentric Taking & Expiration"
Today, many confuse between intimacy in marriage, based on love, giving and life which are diametrically opposed to empty "sex", pornography and prostitution which destroyed the Beit HaMikdash. The practical importance of clarifying this topic in today's western society is obvious, especially for young adults.
