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Hilchos Berachos 53 (page 168)
מסעיף כה עד סעיף כו


When is it Permissible to Dismiss a Communal Servant?
Inheriting Public Office
Disqualifying Someone Who Went to Non-Jewish Court From Serving as Chazan

When is it permissible to dismiss a communal servant?
A person cannot be removed from his position as a public servant based on rumors of misconduct. He can only be removed based on the testimony of witnesses. There are circumstances where someone can be removed based on rumors without testimony, particularly if a member of the congregation is demanding his resignation.  In some cases, a person should not be unseated even in the face of well-founded rumors, if doing so will cause him financial difficulties; the rules vary according to the specific position. These rules apply to lowering the salary of a public servant as well.
( סעיף כה, ס"ק עח, וביה"ל ד"ה אם; ביאורים ומוספים דרשו, 82)
Inheriting public office
If someone died after serving in a prestigious and honorable communal post, his sons are entitled to 'inherit' the position if they are capable. They have precedence over other candidates, even those who are more qualified. The poskim discuss whether a son-in-law is also entitled to 'inherit' the post. A grandson does not 'inherit.'  The poskim discuss whether this rule also applies to reserved mitzva activities (e.g. opening the Aron Kodesh to remove the sefer Torah) and to Torah-related positions (e.g. Rov). There is a standing custom to allow children to 'inherit' their father's Torah position.
( סעיף כה, ס"ק פג (ו־פה), וביה"ל ד"ה שליח; ביאורים ומוספים דרשו, 93-95)
Disqualifying someone who went to non-Jewish court from serving as chazan
Someone who sued another Jew in a court that does not abide by Torah law (without the consent of a Rov) is disqualified from serving as a chazan on the Yamim Noraim as long as he hasn't done teshuva. This halacha applies whether or not the domestic court has ruled on the matter yet, and whether or not the court issued a ruling that concurs with the Torah law. Moreover, if the court awarded the plaintiff money and he accepted it, he is viewed as a thief who may not serve as chazan even on ordinary days. (If there is reason to assume the plaintiff was misguided, there are grounds to be lenient.)
( ס"ק פב; ביאורים ומוספים דרשו, 91)



 
  • Every community must hire a Rov who will lead the people in fulfilling mitzvos and avoiding errors.
  • There are several communal obligations whose expenses are divided amongst community members according to their wealth. Other communal obligations are divided between community members without regard to their finances.
  • Among the benefits of appointing an official chazan is that only a qualified person will lead the davening. When there is no official chazan and volunteers lead the service, there is a possibility that unqualified people may serve as chazan.

 

 

 

 

  • Why is the shaliach tzibur also called a chazan

  • Reciting Hallel after Yishtabach

  • Reciting "Rebbe Chanania ben Akashia" after studying Torah





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PLEASE NOTE: The information in this email is for learning purposes only. Please review the Mishna Berura and Biurim U'Musafim before making a halachic decision. Hebrew words are occasionally transliterated to enable a smoother reading of the text. Common Ashkenazi pronunciation is generally used in these cases.