Question:

2 1/2 years ago I started a class in my beit knesset which continues to this day.
Last week, without my knowledge, the rav of the beit knesset appointed a new intern rabbi to be the rosh chabura. I learned that when a group of Jews accept upon themselves even one of their fellow congregants as their teacher he becomes a de-facto “rabbi” of the congregation. I think that the same applies to a small part of the congregation that establishes a chabura and accepts upon themselves one rosh chabura and that this rosh chabura can not be removed even by the rov who simply wants to find a task for an intern rabbi. Am I wrong? May I have some links to halacha, one way of the other?

Answer:

There is a teshuvo in Iggros Moshe Yoreh Deah chelek 3 Siman 70 saying that the fact that one doesn’t have apposition officially does not mean that he doesn’t have the position. Therefore, it would seem that you cannot be removed because being a Rosh Chaburro is a position of serroro which cannot be removed unless something seriously wrong was done which makes the person unworthy of the position. You can read more about that in Alon Hamishpot 31 or 32 where we wrote much more about it-they are posted on the site. Note that what Rav Moshe writes isn’t  a chiddush since the fact that one doesn’t need to be officially appointed is as Rav Moshe brings, it is a Ramo in siman245. Of course I am only answering your question and I am unaware of the whole picture but that would seem to answer your particular question

Wishing  you much hatslocho and that things will be worked out peacefully, according to the halocho

Yosef Fleischman

Tags: chazaka

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