[Avodah] Firing a Rabbi

[Rich, Joel]

-----Original Message-----
From: avodah-bounces at lists.aishdas.org [mailto:avodah-bounces at lists.aishdas.org] On Behalf Of Michael Makovi
Sent: Thursday, January 07, 2010 9:01 AM
To: A High-Level Torah Discussion Group
Subject: Re: [Avodah] Firing a Rabbi

In historical Jewish communities, it was very common for the rabbis to be not hired. The whole purpose of the contract having a time-limit was so one could "fire" him when his term expired. If it were forbidden to not rehire the rabbi / renew his contract, then why put a time-limit on the contract in the first place? The very institution of a time-limit implies the right to not renew the contract.

But also, if the rabbi violates his contract, I believe (AFAIK) he can be fired right then. The whole purpose of a contract is to ensure accountability. Of course, the contract is also very specific. If the contract says the rabbi must know Gemara and rule on halakhah, then the community cannot fire him just because his rulings are too strict.
But if, say, he makes a transparently and demonstrably wrong ruling, then he has violated his contract (assuming such terms in that contract), and the community may fire him.

Rabbi Hirsch's entire essay "Jewish Communal Life" is in fact devoted to the concept that the laity must learn Torah in order that they oversee their rabbi and make sure he neither makes wrong rulings nor usurps his power. The rabbi must be accountable to the people and to the Torah, he says, and therefore, he says, the laity has an obligation to learn Torah themselves and to carefully watch whether the rabbi keeps true to his contract.

Now, I'm sure that all the laws of contracts and such make this much more complex. I'm sure firing the rabbi involves a trial before a beit din to ensure he really did violate the contract, etc. But what I've said above is all correct AFAIK in terms of basic gist.

Michael Makovi
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