CARR 200-202

CCAR RESPONSA

Contemporary American Reform Responsa

137. The Right to Create a New

Congregation*

QUESTION: A young rabbi, who has settled in the

community, wishes to create a new congregation. Some individuals in the existing congregations

have questioned the need for another congregation and want to know whether his efforts should

be permitted and supported. What rights do existing congregations possess in this matter? (M. S.

D., Pittsburgh, PA)ANSWER: It is clear from some of the earlier sources that

multiple synagogues existed in many cities. We, of course, do not know whether the numbers

provided are accurate, but Jerusalem was supposed to have had 394 synagogues, while some

sources give the number as 466 or more at the time of the destruction of the Temple in 70 C.E.

(Ket. 105a; J. Meg. 73d; J. Ket. 35c). Tiberias, in the year 300, had thirteen

synagogues (Ber. 8a), while eleven are known to us in Rome, and a number existed in

Alexandria in the first century (Philo Leg. Ad. Ca. 20). In the Middle Ages Christian, and

at times Moslem, authorities prohibited the repair of synagogues and placed restrictions on the

number of synagogues in a city; usually only one was permitted although there were many

exceptions to this rule (Code of Theodosius, XVI 8.22, [450 C.E.]; Pact of Omar

[655 C.E.]). However, Baghdad in the thirteenth century had twenty-eight synagogues and

Shushan had fourteen according to Benjamin of Tudela (Alder, ed., pp. 51 ff). Benjamin reported

multiple synagogues in various other communities, as do various medieval Jewish

travelers. We know from Jewish life in Eastern Europe that many communities

possessed a number of synagogues, both for the convenience of the worshippers so that the

place of worship was close to their residences, and in order to bring together people of similar

professions or crafts (Harold Hammer-Schenk, Synagogen in Deutschland; Rachel

Wischnitzer, The Architecture of the European Synagogue; Imre Heller & Zsigmond

Vajda, The Synagogues of Hungary). For that matter, seating in the ancient great

synagogue of Alexandria was by profession (Suk. 51b). Most European cities had a number of

larger synagogues alongside smaller rooms for neighborhood worship (shtibeleh). Many

of these synagogues were small, met in humble quarters which were owned or rented, and

supplemented the large central communal synagogue. In the lands of Western Europe

in which congregations and their officials were supported by taxes, permission to establish a new

congregation had to be obtained from the government. If no tax support was desired, they could

be, and were, established without approval, as in most instances. There were, however, few

specifically Jewish restrictions on establishing new congregations. The traditional sources made

a distinction between those individuals who were unaffiliated and banded together to form a new

congregation and those who left an existing congregation. The unaffiliated should be encouraged

even if a synagogue already existed in the community, and no one should interfere with their

desire to perform this mitzvah (J. M. K. 3.1; Isaac Bar Sheshet #253; Shulhan

Arukh Hoshen Mispat 162.7) However, if the new members are going to separate

themselves from an existing congregation, they should not be allowed to form a new

congregation (Pit-hei Teshuvah to Shulhan Arukh Hoshen Mishpat 162.6;

Magen Avraham to Shulhan Arukh Orah Hayim 154.23). That was modified by

later authorities and permission was granted when the congregants were prone to quarrel if they

remained in the same congregation. This allowed multiple congregations with their specific

minhagim to flourish. The numerous editions of the Rödelheim prayerbooks, among

others, attest to such diversity. Interestingly enough, the traditional literature was

much more extensive when it discussed the abandonment or closing of synagogues. From these

discussions, it is clear that as long as one synagogue remains in a community which still has a

minyan, it is possible under various conditions to dispose of the others. This is true in

both small towns and in larger communities, although some additional restrictions are applied to

the larger communities (Meg. 26a; J. Meg. 3.1; Moses Trani, Responsa, Vol. 3, #143;

Meyer of Lubin, Responsa #59; Shulhan Arukh Orah Hayim 153.7, etc.). These

discussions also indicate that there have always been quite a number of communities with

multiple synagogues. There is virtually no discussion about their establishment in contrast to

their dissolution. This also shows us that concern about support for the major synagogue of the

city does not exclude the establishment of minor places of worship. Of course, one should not

lightly separate oneself from an existing congregation in accordance with the warning by Hillel,

“Do not separate yourself from the congregation” (M. Pirqei Avot 2:5). In a

large community such as Pittsburgh, nothing should stand in the way of attempting to establish a

new congregation, if that seems desirable to some members of the Jewish community. Tradition

favors the establishment of synagogues which will satisfy the needs of the

worshippers. In the establishment of a new congregation, the rules and procedures of

the Union of American Hebrew Congregations and the Codes of Ethics of the Central

Conference of American Rabbis should be followed; they provide guidance and will minimize

friction with existing congregations.November 1983

If needed, please consult Abbreviations used in CCAR Responsa.