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Case: The defendant (=def) has served as the rabbi of a shul for twenty years. He is paid 5,300 shekels a month and has the right to perform mechirat chametz; he is responsible for certain rabbinic functions, such as giving shiurim and answering questions. After the death of a prominent member of the community (=pmc), his family asked def to lobby for a room in the shul to be named after him. Def agreed but demanded $5,000 for his lobbying efforts. After the shul accepted the proposal, pmc’s family was told that the decision had been unanimous and obvious to board members, prompting them to refuse to pay def, who had claimed that it was a difficult task. The shul used to give tzedaka funds to an NPO run by pmc’s family and around this time, the NPO stopped receiving money from the shul. It turned out that def managed to detour the money to himself in lieu of payment due to him by the family. Pmc’s family sued def in a beit din, which ruled that def should keep $2,000 and return $3,000. The shul’s board (=pl) demand that, considering def’s moral failings, def should be removed as the shul’s rabbi. Def defended his right to the payment, partly by saying that he was poor enough to deserve the support of the family’s NPO and apologized for part of the way he went about it.
P'ninat Mishpat (829)
Various Rabbis
501 - Removing a Less than Honest Rabbi – part I
502 - Removing a Less than Honest Rabbi – part II
503 - Removing a Less than Honest Rabbi – part III
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In general, there is a machloket among poskim whether one who hired a worker without setting an employment period is required to employ him indefinitely (Igrot Moshe, CM 74-77) or that this is not the case unless that is the local minhag (Chazon Ish, Bava Kama 23,1). Regarding the position of rabbi, there is much early discussion. The Rivash (271) rules that once someone has "control" over a rabbinic position, or any position of power, even if he de facto took the job himself, he may not be removed even if someone superior is found. The Rama (Yoreh Deah 245:22) accepts this view. This is so unless the local minhag is that a rabbi’s tenure is not necessarily permanent (Chatam Sofer, Orach Chayim 206).
However, the matter is different if the rabbi was found to have sinned. The gemara (Mo’ed Katan 17a) talks about whether to publicly punish (with nidduy) rabbis who developed a bad reputation on moral matters, and there appear to be different opinions. According to the Tur (YD 334) it depends how severe his sin was. The Beit Yosef (ibid.) says that another factor is how prominent the rabbi is (which impacts on the chillul Hashem of the public element). Another factor is whether the sins were committed publicly (see Radbaz 2078).
[Next time we will put these topics together and deal with removing the rabbi.]
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 II
based on ruling 84062 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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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.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
