A Public Servant
‘You Our Master Are Loaned To Us…’
(Bava Metzia 97a)
Our sugya explains that if a community hires a talmid chacham to teach halachos, he becomes “subject” to them. This subjection entails an important implication regarding property. If, for example, his students borrow something from him while he is serving (i.e., teaching) them, they are exempt from borrowers’ obligations in cases of damages as the Torah stipulates: “If its owner is with him, he does not [have to] pay” (Shemos 22:14). As a teacher or rabbi is constantly subjected to serving his students, they are similarly exempt because of the rule of “if its owner is with him.” (This explanation is per Rashi to our daf s.v. “sha’il lan mar.”)
This halacha also applies to rabbis of congregations appointed to serve them and answer halachic questions: If a member of the congregation borrows an item from the rabbi, he is exempt from borrowers’ obligations as the rabbi must serve him whenever a halachic question or din Torah arises (see Shulchan Aruch, Choshen Mishpat 346:12-13). However, the Aruch HaShulchan (346:17) adds that if a rabbi stipulates certain hours for answering questions with his congregation’s consent, the said halacha outlining responsibilities applies only during those hours.
A Prompt Response
The Midrash in Yalkut Shimoni (Mishpatim 349) teaches about a rabbi’s duty to respond to all questions without delay. When Rabban Shimon ben Gamliel and Rabbi Yishmael were being led to their execution. Rabban Shimon ben Gamliel said, “My master, I fail to understand for what sin I am being killed.” The latter replied, “Did it never happen that someone came to you to ask a question or present a claim and you made him wait until you finished drinking or putting on your sandal or donning your tallis?” The Torah says, “If you [somehow] torment him…” Tormenting someone a lot or a little amounts to the same sin.” Upon absorbing Rabbi Yishmael’s answer, Rabban Shimon ben Gamliel said, “You have comforted me.”
Rabbi Moshe Feinstein, zt”l, stressed this rabbinical duty in the preface to his responsa Iggros Moshe, citing the Gemara in Berachos 4a that even King David demonstrated this behavior: The Gemara asks how David could declare, “For I am pious” (Tehillim 86:2), and explains that he even answered those who brought him questions about their wives purity (taharos) without referring them to other talmidei chachamim who were surely available in Yerushalayim.
The Din Torah In Galanta, Hungary
A stormy din Torah that took place in Hungary concerned defining the task of the rabbi of a city. The major issue was if he may be regarded as “subject” to his congregation. Rabbi Shimon Friedman, rabbi of Galanta, passed away in 5651 (1891) and his son-in-law, Rabbi Moshe Feldman, sought to take his place.
Some of the members of the congregation justified his request, but others pointed to a regulation in the community charter that anyone “subject” to the congregation (i.e., appointed to a public post) must not have relatives in the community, and Rabbi Feldman had a brother-in-law living in the town.
Those supporting him claimed that a chief rabbi of a city should not be defined as subject to his community. Rather, members of the congregation are subjects of the rabbi and must respect his high position.
The dispute reached the headquarters of Hungarian Orthodoxy in the capital city of Budapest and both sides agreed to have a beis din appointed, composed of the most experienced dayanim in the land. The first session was scheduled for nine in the morning on 27 Av 5653.
Rabbi Shraga Zvi Tannenbaum (1826-97), Chahter Rav and author of Neta Sorek, served as av beis din and, in a long and thorough dissertation, ruled that a rabbi is subject to his community to instruct them in proper behavior and admonish them when necessary.
His large volume of proof included Rashi’s comment on Yaakov Avinu’s blessing to the tribe of Yissachar, “they will pay a tax by working” (Bereishis 49:15). Rashi explains “tax by working” means “to decide rulings of the Torah” and we thus see that a rabbi is called a worker. Rashi also comments on the verse “I commanded your judges” (Devarim 1:16), “In the past you [judges] belonged to yourselves. Now you are enslaved (subject) to the public.”
Again we see that Rashi actually defines rabbis as subject to their congregations. As further proof, the Neta Sorek cited the custom to call those in a community who provide religious services by the collective acronym rachash – rav, chazzan, shochet – proving that the rabbinate is included with other positions subject to the community. After the ruling, Rabbi Yosef Zvi Dushinsky (1865-1948), later chief rabbi of the Jerusalem Eidah Hacharedis, was appointed rabbi of Galanta. These and other details appear in Pesak Din Torah deGalanta.
