The Australian federal election is taking place this weekend. In Jewish communities we also believe in the institution of elections and use elections to install community our leaders and custodians.
In this essay we present some of the Torah perspectives and Halachic rulings on issues in communal elections and custodianship. A significant portion of this essay is based on two Teshuvos of the Tzitz Eliezer, Rabbi Eliezer Waldenberg (Jerusalem 1915-2006).
The need for a board
The need for a board of community custodians is obvious. The Divrei Chaim writes that the age-old custom of custodianship in Jewish communities is necessary because otherwise the community would unravel. For the successful and efficient ability to function and operate, decisions need to be made. These decisions impact the welfare of the community members and will impact community resources, funds, organisations and the future of the community.
In truth, these matters should be determined according to the will of the community members themselves. But each person thinks differently and has different interests. There are many issues and decisions to be made and one cannot realistically or viably address each concern to every community member before deciding what to do.
Instead, Halocha recommends a system of community governance whereby a panel of custodians are installed (as outlined below) to make these decisions. They are considered to represent the will of the community and are empowered to serve as the community’s agents in making and implementing decisions.
Who are these custodians? How are they appointed and by whom? What are their responsibilities and what is their authority?
Custodians of the city
The Gemora refers to the “Shiva Tuvei Ha’ir” (literally the seven good ones of the city). This is the body of custodians of the city, who represent and act on behalf of and for the benefit of the community.
Elsewhere, these custodians are referred to as Parnasim, or Parnsei Ha’ir. The Rashba refers to them as the Brurim, the elected or selected ones. They are also described as the Ziknei or Chashuvei Ha’ir or the Manhigei Ha’ir (leaders of the city). We will refer to them as the custodians of the city/community.
Their right to vote comes by dint of their responsibility to pay dues, upkeep and taxes. Only those who have lived in the city for more than 12 months are considered as B’nei Ha’ir.
The Gemora teaches that someone who buys a house in the city automatically becomes a resident and is eligible to vote. The Rishonim explain that in doing so, they have declared their intent to remain in the city. The same may apply to someone who signs a 12 month lease.
This definition of a city resident applies to the giving (and receiving) of Maos Chittim (Tzedaka for Pesach needs). Originally this was a communal tax. Only residents (as defined above) were assessed and obligated to contribute. Similarly only a resident pauper was able to receive Maos Chittim.
Nonetheless, as in most aspects of communal governance, if there is a pre-existing custom the Minhag is followed in defining the eligibility criteria.
Maharam bar Baruch adds an additional limitation that only balabatim who pay the community taxes are able to vote. Further, every voting member must accept upon themselves a Cherem that they will vote L’sheim Shamayim and for the benefit of the whole city.
The ruling of the Maharam bar Baruch is brought by the Ram”o in Shulchan Aruch and he adds that whomever refuses to accept the Cherem is disqualified and their opinion disregarded.
There need not be exactly seven. Seven is used as an example of a large number. There may be more, depending on the needs and size of the community and the prevailing local custom.
What is included in the powers of the community custodians?
The Gemora describes the authority of the Tuvei Ha’ir to be able to sell as Shule or other communal holy items. The Rishonim expand their scope of authority to include; overseeing charity assessment, collection and allocation, managing community assets and appointing Rabbonim, Chazzanim and Tzedaka collectors. They are also able to legislate enactments as required for the benefit of the community or city and its residents.
Their powers include the ability to buy and sell assets and other needs for the community, to raise or levy taxes and fees on the community and to forgo on payments due. In previous times where Jewish communities enjoyed greater autonomy, they were able to fine or punish wrongdoers and even mafkir their wealth as required.
How should the community custodians be installed?
In order for the community custodians to serve as agents for and make decisions on behalf of the residents, there needs to be a process of election by the residents themselves. Our sages teach “we do not install a Parnas over the community without first consulting the community”.
In the words of the Tzitz Eliezer; Not having elections or allowing someone to take authority for themselves, would “breach the boundaries” of peacefulness and community brotherliness, igniting the fire of Machlokes. Such a situation could lead to unscrupulous or dishonest people taking leadership who would not be looking out for the needs of the vulnerable.
Therefore, he continues, the Chachomim of each generation acted on behalf of the community to ensure a process of election for the custodians, so that all members of the community would be represented and their interests taken care of.
Who is eligible to vote?
The Tzitz Eliezer outlines that eligibility to be able to vote in community elections is limited to:
- Volume 3, Siman 24 and 29
- Megillah 26a
- Tosefta Megillah Chapter 2
- Shaalos uTeshuvos 2:125
- Mordechai Bava Basra 484,
- Rosh Sanhedrin 3:2
- Teshuvos Harambam
- ibid
- Brachos 55a
- Some Poskim write that the source of the prohibition against Machlokes is from the Posuk אחרי רבים להטות, that we are to follow the majority.
- Tzitz Eliezer ibid
- 3:24
- Bava Basra 7b
- See Shulchan Aruch O.C. 429:1
- Quoted in Hagaos Maimonios Hilchos Tefillah ch 11
- C.M. 163:1
