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Have a question? Send it in! Questions are answered by Rabbi Bartfeld.


Blog Image: AskTheRabbi.jpg
#602 Public Servant or King?
B"H
Q. Shalom, Dear Rabbi
Re- prior question. Can you choose a Ger to be the principal of a school?

A. Rambam (Melachim 1: 4) rules that besides a king we do not appoint a ger to any position of authority, such as a minister of the army, a leader of fifty or even ten We don't even appoint him to be in charge of the water distribution in the fields, not to mention a judge or a nations leader. Although this halacha is only recorded in Shulchan Aruch in regards to the enforcement of the law by proper Dayanim, it is generally accepted that it applies universally.

Igrois Moishe (Y.D. 8: 26) addresses the question of whether a convert can be nominated as a teacher, magid shiur, mashgiach or even a Rosh Hayeshiva. He rules that the Torah ordered us to bring close, love and help the convert and therefore one should be lenient in their treatment and care.

He debates whether the appointments mentioned above, really reflect today the authority and command of a king; maybe the power invested to admit or reject a student is only part and parcel of the job they were hired to do. This would be similar to the authority given to a manager over workers that could hardly be called a ministerial or ruling position; it is after all only a job. He also mentions that the ger does not have to abstain from accepting such a position when offered.

In a lengthy teshuvo Lev Aryeh (2:21) ponders directly with this question and tries to find a reason why choosing a ger for a school director would not incur a biblical prohibition. He reasons that a school director has not absolute authority and is limited to the decisions of the school board and the bylaws that rule such institutions. (See also Kovetz Haposkim 1: 7: 3 for similar rulings.)

Horav Shlomo Miller Shlit"a advises that when hiring a convert for a directorial position, to avoid incurring into the above predicament, one should specify in the contract the necessary limitations of authority that make it clear that it is not an unassailable and self-determining commanding position akin to the appointment of a king.

Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit'a


Posted 8/29/2014 2:24 PM | Tell a Friend | Ask The Rabbi | Comments (0)

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