CCAR RESPONSA
American Reform Responsa
28. Sale of a Synagogue
(Vol. XXIX, 1919, p. 85)
QUESTION: An Orthodox congregation has a synagogue in the downtown district of the city. A considerable number of its members–representing the wealthiest element–moved from the neighborhood to a more desirable part of the town, and–finding it impossible to attend the old synagogue on account of the great distance–propose to sell it and to use the proceeds for the erection of another synagogue in their new neighborhood. The members who remained in the old neighborhood object to the sale. The attorney representing the advocates of the sale wishes to obtain information on the Jewish law in the case.
ANSWER: The constitutional law of the congregation is chiefly defined by local practice, and the legal authorities often differ on these questions.
Shulchan Aruch, the authoritative law book (Orach Chayim 153.7) says: A synagogue may be sold by the seven trustees (the usual number) of the congregation in a convention of the members, which can only mean that the latter have but a consulting vote.
All financial affairs of the congregation, such as assessment and expenditures, are arranged through a vote in which the membership, paying more than half of the taxes, decides (Shulchan Aruch, Choshen Mishpat 163.3).
Solomon Ibn Adret (Responsa,no. 1091) declares that a majority of the membership, regardless of the tax payment, is decisive.
Asher ben Jehiel (Responsa,no. 7.3) is for decision on the ground of tax payment.
The usual practice of the congregation is that both factors are to be taken into consideration, e.g., if a congregation has 100 members, a vote of 51 is necessary, provided these 51 pay more than 50 percent of the congregational taxes. Mendel Krochmal (Responsa,no. 1-2) declares that in personal questions (such as the election of a paid official), the majority of the taxpayers is always necessary, so that in a case which is submitted to him, where, of a membership of fifty, five men pay more than half of the congregational assessment, their veto cannot prevent the election of a congregational official.
Conclusion: If a majority of members, whose dues represent more than half of the income of the congregation raised by assessment, decide upon the sale of the synagogue, their action is legal. This is the rigorous view, but authors of considerable authority declare that a vote of the trustees is sufficient, as long as the membership is ratified.
G. Deutsch
NOTE:
Since every congregation has a constitution and bylaws, such should be checked before any property is sold. However, whether or not the constitution and by laws make provision for the sale of property, it is wise to consult an attorney. Furthermore, legal counsel may be essential because many states have laws requiring the courts to approve the sale of any property owned by a religious institution.
Responsa Committee (1980)
See also:
S.B. Freehof, “Selling Synagogue to Black Muslims,” Contemporary Reform Responsa, pp. 13ff.
If needed, please consult Abbreviations used in CCAR Responsa.