[Avodah] Firing a Rabbi

[Micha Berger]

On Thu, Jan 07, 2010 at 12:50:50AM -0500, Yosef Skolnick wrote:
: On Wed, Jan 6, 2010 at 9:32 PM, Richard Wolberg <cantorwolberg at cox.net>wrote:
:> Halacha says that you cannot fire a rabbi.

: Can you please be more specific?

Cantor Wolberg is just repeating something I told him off list, and it
is overstated, so the specifity is called for.

Here are some mar'eh meqomos I got from a NY Supreme Court arbitration
decision. A school fired a rebbe, beis din was called in, the apellete
court declared the BD decision irrational, and things escalated. So, the
court decision actually includes the BD's sources:
http://www.ouradio.org/images/uploads/Defense_of_the_Viability_of_the_Jewish_Beith_Din_Court_System.pdf
or http://bit.ly/5QwKvV
(The URL itself refers to the OU's reason for posting the decision, it
tells lower courts not to get involved in ecumenical arbitration.)

SA CM 26:1 - just to show the issur of arka'os
Chiqrei Leiv OC #50
IM CM #76
Chasam Sofer CM #205-206
Minchas Yitzchaq #75

The Chiqrei Leiv, OTOH, grants rabbis tenure. The CS says that a tenured
rabbi can only be fired if you can prove negligence. The MY says this is
true of all kelei qodesh.

OTOH, the IM is meiqil, if one gives sufficient severance pay.

In either case, it's non-trivial to fire a rav, and requires a far
higher threshold than firing an employee.

Tir'u baTov!
-Micha

-- 
Micha Berger             I long to accomplish a great and noble task,
micha at aishdas.org        but it is my chief duty to accomplish small
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Fax: (270) 514-1507                              - Helen Keller