Yeshiva
Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Case: In our community (the rabbi is asking), the minhag has been to have appraisers (who determine the amount that members of the community must give towards taxes, communal expenses, and/or charity) do the appraisal of everyone in the community, including their relatives. This is especially necessary because most of the people in the community have relatives within it. There was a meeting recently to choose new appraisers, and people agreed to the old system, but once the identity of the appraisers was determined based on lots, some people complained about the system. Do they have a right to do so?
Ruling: Even if there were not an established minhag to have appraisers of this type, since people were present when the decision was taken, they cannot back out. This is true even if no act of kinyanwas done to finalize the agreement because something that was done in the presence of the seven lay leaders of the city is binding even without a kinyan.
P'ninat Mishpat (834)
Various Rabbis
377 - Offsetting Obligations of a Deceased
378 - Appraising Relatives
379 - Counting to Four Generations
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In this case, the one complaining wants that the appraisers should be permitted to appraise only people who are not related to them. They should realize that this idea will not solve the problem anyway, as in matters of apportioning responsibility, all members of the community have an interest in the decisions. After all, if one raises the demands on people who are not their relatives, it makes it possible to take less money from one’s relatives and oneself. If one wants to totally reject theminhag and have appraisers who conform to the normal halachic requirements of impartiality, then it would only be possible to have people from outside the city with no relatives in the city do it. However, this is impossible to arrange for all intents and purposes.
It is true that the more common minhag is indeed that the appraisers appraise only those who are not related to them. However, that is not the halacha but based on minhag. When the minhag is different, as in your community, an individual has no right to complain about it.
Please realize that I usually do not state my opinion on matters affecting other communities and am doing so only because you are here to ask me several questions, and I promised you that I would answer what I can. Also be aware that if the government has any qualms with the system that is being employed, you must follow what they say. I just give permission to show my letter to the government and the likelihood is that they will agree that you follow what the Torah has to say on the matter.
P'ninat Mishpat P'ninat Mishpat: A Contractor’s Leaving the Job in the Middle – part I
based on ruling 84013 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
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
The Value of the Nation of Israel Segula: Part 1: What is Emuna?/When Are We Called "Children" of G-d?
Rabbis in Midrash
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Hosha'ana Rabba FLYDUBAI & HOSHANA RABBA- ANI VAHU HOSHIA NA- I & HIM SAVE US
"Ani vaHu Hoshia Na", "I and Him, Save Us". We don't just pray to Him, but we also pray to and for ourselves that we should emulate and educate our children to have that instinctive altruism with which He created the world. President Trump seemed amused about Yaniv Hayon, our PLUMBER who confidently worked with G-d like Superman (he learned from a pilot on a TV show!) to save 174 lives on the Dubai hijacking, but we in Israel are totally accustomed already 78 years to our plumbers, teachers, garbage-men, rabbis, farmers & doctors being Hashem's shlichim! This is what Zionism is about.
