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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 (831)
Various Rabbis
337 - Can the Old Window Stay?
338 - Sanctions Against Overchargers Against the Rabbi’s Will
339 - A Guarantor on a Loan/Investment
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Did Any Furniture Go to the Buyer? – part I
based on ruling 84093 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: A Seller with Questionable Rights to the Property – part I
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Late and Flawed Apartment
based on ruling 82174 of the Eretz Hemdah-Gazit Rabbinical Courts
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Rabbis in Midrash
Lessons
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P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
P'ninat Mishpat P'ninat Mishpat: Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: Twin Foundations
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 690
D'varim Judaism’s Social Vision
Re’eh
Giving is more than an act of generosity—it is an essential part of human dignity that belongs to everyone, rich and poor alike. The ultimate goal of help is to empower others to stand on their own.
Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
