Q: A congregation voted almost unanimously (two abstentions) to appoint Rabbi Ploni. After the vote was held, a few important members, though non elected by the congregation and not appointed specifically by them, went ahead and wrote a contract with the Rabbi, delineating his obligations to the congregation, what he was not obligated to do, what was the extent of his authority, and their obligations to the Rabbi. None of this was discussed with the congregation and they were unaware of the contract and its contents for almost two decades.
At this point when the Rabbi begins to assert his authority in ways not against the Halacha, but unexpected by the congregation, such as making subtle changes to the Minhagim of the schul, on the basis of his contract, is the congregation obligated to respect the details of the contract and heed his instructions?
A. Horav Shlomo Miller’s Shlit’a opinion is that in monetary cases where different parties are involved in contradicting demands, the proper conduct is to avoid expressing any opinion until one has heard the claims of all parties involved, when they are all gathered and can voice in the presence of the others, their particular assertions and rights. (Shemoa bein acheichem, Devarim 1: 16 - Sanhedrin 7b – C.M. 17: 5).
They should present the case to a recognized and competent local Rabbinical authority, who also has the means to verify their claims.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit”a
Important Numbers
