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.