I
“Hashem told Moshe to place his hand on Yehoshua” (Bamidbar 27:18), and yet Moshe placed both of his hands on Yehoshua (27:23). Rashi adds that he did so, "Generously - b'ayin yafa - much more than he was commanded. He placed both hands on Yehoshua and made him like a vessel that is full and overflowing with wisdom." The Kli Yakar (27:18) asks, how did Moshe violate bal tosif by doing more than he was commanded? Moreover, the final phrase (27:23) is b'yad Moshe, implying that he placed only one hand, and not two, on Yehoshua.
The Kli Yakar answers based on the two requests of Moshe to Hashem in appointing a new leader: "Who shall go out before them and come in before them, and who shall take them out and who shall bring them in" (27:17). Leadership in Torah and mitzvos is called taking out and bringing in. Moshe said (Devarim 31:2) "I can no longer come out and go in", in words of Torah (Rashi). For this, one requires two hands, to compel the people to observe Torah and mitzvos.
Going out and coming before them refers to "Hanhaga medinis letikun hamatzav", political leadership to improve the situation. For this, one must use only one hand, leading gently, without compulsion which could lead to rejection. The people will follow on their own.
Moshe told Yehoshua (Devarim 31:7), “You shall come with this people”. However, Hashem told Yehoshua (31:23), “You shall bring Bnai Yisrael”. Moshe referred to political leadership, in accordance with their (the people's) opinion and advice, as Rashi explains[1]. But Hashem describes Torah leadership, the exclusive domain of the Torah leaders.
Rashi (Shemos 6:13) explains that Hashem commanded (“vayetzaveim”) Moshe and Aharon concerning Bnai Yisrael, "lehanhigam b'nachas", to lead them calmly. The context was political leadership dealing with Pharaoh. Similarly, "Command (tzav) Yehoshua" (Devarim 3:28) concerning the political entry into Eretz Yisrael requires additional alacrity (“tzav” lashon ziruz, Rashi, Vayikra 6:2), to lead in a way that the people will follow and not rebel.
“Take Yehoshua, a man in whom there is spirit (ruach)” (27:18) to deal with each individual appropriately (“k'neged rucho shel kol echad v'echad”) (Rashi). “You will command - v'tzivihu”, referring to Yehoshua (27:19). This requires one hand, i.e. calm political leadership. And so, the parsha concludes (27:23), “Vayetzavehu... b'yad Moshe”, calm leadership signified by one hand.
“V'nasata meihodcha - place of your splendor upon him” (27:20) refers to the splendor of Torah. The term “nasata” means giving generously, b'ayin yafa (Bava Basra 53a), with two hands, to compel Torah observance powerfully. With help from the Urim (27:21), each halachic issue will be decided. Yehoshua will take them out and bring them in forcibly. This required two hands (27:23).
II
In today's world, no rav can compel observance in the personal lives of his congregants. However, a rav must be empowered to make halachic decisions for his shul singlehandedly. Moreover, he must be the one who decides what is a halachic issue.
My close friend, Rav Yaakov (Jay) Marcus zt”l, who preceded me in the active rabbinate, emphasized the last point. In my first interview in Riverdale, I made sure to mention it. Shortly after my election and arrival, the shul wanted to sponsor BINGO locally to add to its income. I said no. I was told, "Rabbi, this is a financial issue." I reminded them that as their rav I must decide if it is a halachic issue which is under my purview.
Not all shul rabbis are familiar with the rulings of the Shulchan Aruch and its classic commentaries on common halachic situations. Before responding to halachic queries, they should check the sources and consult with peers more experienced and/ or scholarly.
In my aforementioned interview I was asked if I knew how to "pasken a shaila", to rule on a halachic matter. Being young and inexperienced, I answered as follows. I may not know how to "pasken a shaila", but I know how to "look up a shaila", how to comb the sources in halachic works. I added a story that Rav Chaim Yaakov Goldvicht, founding Rosh Yeshiva of Kerem B'Yavne, told me.
There was a rabbi who, for every shaila brought to him, would consult a sefer before ruling. After a while he was asked, "Rabbi, you must have ruled on this issue before. Why do you look everything up in a book before answering?" He replied, "If I only look up that which I don't know, you will realize my ignorance and I will be embarrassed. I look up everything, so you will not know if I needed it." With this he interpreted Tehillim (119:6) "Then I will not be ashamed, when I gaze at all your commandments."
Halachic issues are not limited to explicit rulings of our predecessors. New issues are often called “matters of public policy”. Sometimes, however, they involve halachic policy. This, too, is the domain of the shul rav, with appropriate consideration of the level and nature of his congregants. In some cases, the rav should issue a non-binding response, in the hope that the congregants will follow. This is the "hanhaga medinis" of the Kli Yakar.
In purely financial or other non-halachic matters, a rav is well advised to allow the congregants to decide on their own. By rendering to Caesar unto Caesar, he increases the chance that they will render unto Hashem, and the rav, all halachic matters.
III
Must, or may, a congregant follow all of his rav's rulings in his personal life? When the institution of a town rav existed, his decisions were mandatory for all of its residents.
The Gemara (Shabbos 130a) relates that R’ Eliezer encouraged melacha on Shabbos in preparation for a bris. His townspeople acted on this ruling, which for everyone else was chilul Shabbos. They were not punished by Hashem, rather they were rewarded. When the Romans prohibited bris mila in all of Eretz Yisrael, this town was spared.
The Ran (responsum 58) rules that one is obligated to follow the rulings of his rav, as R’ Eliezer's townspeople did, even in a leniency against the majority opinion. The Rashba (1:253) extends this to a place that follows a rav's rulings in all matters, even if he is no longer alive, such as the Rif on the Rambam. The Rashba adds that, as the Ran rules, a learned individual (chacham haraui lehora'ah) may not be strict, so as not to diminish the honor of the rav. However, if the rav is no longer alive, he may find a proof to be strict, as this does not diminish the honor of the deceased gadol.
Rav Moshe Feinstein (introduction to Igros Moshe, Orach Chaim 1), based on this gemara, rules that a posek who is qualified in his generation, even if in previous times he would not be considered "higi'a lehora'ah", must pasken as he sees fit, after studying Shas and poskim with seriousness and yiras shamayim. His psak is the word of Hashem, even if in Shomayim he is actually wrong. As long as there is no contradiction to his words, we apply the principle of "Elu va'elu divrei Elokim chaim" (Eruvin 13b).
Nowadays, there is no longer a town rav that everyone in town must follow. However, if he is "higi'a lehora'ah", a pious and serious scholar, as described in Igros Moshe, one may follow all of his rulings, even minority lenient ones. Otherwise, when two poskim disagree, the Rashba (ibid.) rules that one must follow the greater posek. Today, when there are many opinions regarding many halachic disputes, this means the greatest posek accessible to him. If one has no access, he must be strict in Torah matters, and may be lenient in rabbinic ones. A similar ruling is found in Chazon Ish (Yoreh Deah 150:5).
If one follows his rav whom he views as a pious and serious scholar, he is rewarded even if in Shomayim it is wrong, as Igros Moshe wrote about the posek himself, based on Shabbos 130a. However, if one realizes that his rav neither qualifies as higi'a lehora'ah, nor consults with another rav who is, and yet adopts his leniencies which turn out to be wrong in Shomayim, he may be punished as the Rashba writes for one who relies on the lenient opinion in Torah matters. Rather, if he is unable to follow the Rashba's aforementioned rules, as he lacks access to a posek, and cannot determine if a matter is de'oraisa or derabanan, he should follow the prevailing custom of individuals who are scrupulous in keeping halacha. This is described in the Gemara (Berachos 45a) "pook chazi mai ama d'bar", go out and see how the people conduct themselves (Rashi).
The dual role of the rav, as explained by the Kli Yakar, has changed when he can no longer compel observance. Nonetheless, a rav does have authority, in both roles of the Kli Yakar, over shul halachic matters, including defining them.
For the overwhelming majority, rabbis and laymen alike, we conclude with the words of Pirkei Avos (1:6) "Aseh lecha rav". Artscroll translates "Accept a teacher upon yourself". If in your sincere estimation he is higi'a lehora'ah, one who relies on all of his rulings will be rewarded, even if his minority leniency is wrong in Shomayim.
Artscroll continues, i.e. "a competent mentor who can correctly transmit the tradition, and thereby avoid error. Be willing to submit to his direction, for without a mentor to respect, a person is directionless."
As we enter bein hametzarim, the three weeks leading to Tisha B'av, we are more mindful of the penultimate pasuk in the haftora of Shabbos Chazon, for whose fulfillment we pray thrice daily: "I will restore your judges as at first, and your advisors as at the beginning” (Yeshaya 1:26). The Chinuch (495) requires that we obey the advice of the gedolim in chochmas haTorah in each generation in all that they rule. If we fulfill these words and practice "Aseh lecha rav" sincerely, we can have greater hope for the fulfillment of our daily prayer that Hashem will restore the Sanhedrin, whose place is near the Beis Hamikdash (Rashi, Shemos 21:1), may it be built speedily in our days.
[1] Rashi refers specifically to the elders (zekainim) of the generation, presumably the Sanhedrin, the seventy ziknei Yisrael (Bamidbar 11:16). This yields an opposite interpretation in Devarim, and possibly in Bamidbar as well. See Leadership (TorahWeb, 2003).
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