CARR 3-4

CCAR RESPONSA

Contemporary American Reform Responsa

2. The Disabled Rabbi

QUESTION: May a rabbi who is temporarily disabled through a broken arm or leg continue to conduct services, preach, etc.?ANSWER: We must differentiate between rabbinic functions in which the rabbi acts for a congregation as sheliah tzibur and teacher in contrast to his role as a judge. There are several kinds of situations in which he could not act as a judge because of the specific Biblical stipulations, at least according to the tradition. This would be true in capital cases in which, under some circumstances, the judge would be involved in the execution (Deut. 17.7; J. San. 8; 26b, Num. 5.11 ff; Shulhan Arukh Even Haezer 159.1; Hoshen Mishpat 7.2). As far as we are concerned, there is no likelihood of being involved in these kinds of cases, so there would be no problem with a physical disability and a rabbi’s judicial function. Much more important for us is the rabbi’s function as a leader of the congregation and its religious services. The traditional statements connected with these duties are inevitably based upon those of the priests who officiated in the ancient temple. The main statement in Leviticus 21.19, which deals with shever regel or shevel yad, is not as clear as it at first glance appears to be. It seems to exclude priests with a broken arm or leg from publicly officiating at the sanctuary, but this may very well have referred only to fractures which did not heal properly and, therefore, present a visible deformity to those watching the procedure (Bech. 45a). In any case, the lengthy Talmud discussions make it clear that a patient with a mum only excluded from certain tasks at the sanctuary. Fractures of human limbs are rarely discussed in traditional literature. The Biblical text and the various rabbinic sources state that those who limp or have a deformity of the leg are not fit to serve as priests (Lev. 21.18; Sifra Emor II, III, p. 95b; Bekh. 7.6; Tosefta Bekh 5.9; Yad Hil. Biyat Hamiqdash 8.13). Here we are dealing with defects of a permanent nature and visible to the worshiper. These cautions have been carried into the synagogue, so a priest with a visible defect on his hands or feet may not recite the priestly blessing at a service as this may distract the people who may look at these disfigurements rather than think of the sacred words (M. Meg. 4.7; Tosefta Meg. 4.29; Meg. 24b). The regulations against defects extend to any deformities of the fingers (Yoma 2.1, 23a) . An exception was made if everyone in the village is a dyer, and so all share the same visible defects; in that instance no one would notice (Meg. 24b; Mordecai; Yam Shel Shelomo Hul.; Shulhan Arukh Orah Hayim 53.8 with some disagreements). A visible deformity, such as discoloration of the face, etc., would disqualify a person from serving as sheliah tzibur (Ettlinger, Binyan Zion #5). These references also deal with permanent disabilities. If, however, such disabilities do not distract the congregation, then there is no obstacle to blessing the congregation or leading it in prayer (Shulhan Arukh Orah Hayim 128.30). We might also note that tradition has no prohibition against the use of canes or crutches when they enable a person to walk to synagogue, even though they must be carried on shabbat (Shulhan Arukh Orah Hayim 301.17, 51, 346.13, 622.1). If the defect is not visible, then there is no problem (Yad Hil. Tefilah 8.12). If the injury causes fainting or similar seizures and are frequent, then the individual should not lead the congregation in service; if infrequent, he remains capable of leading them in a service (Moses Sofer Responsa Yoreh Deah #7). We can see from the sources that temporary disabilities do not disqualify as long as they do not distract the congregation. Certainly a congregation would soon become accustomed to a rabbi appearing in a sling, on crutches or with a cane, especially as it would only be for a short period of time. If this is not so, then someone should be designated to conduct services for the period of temporary disability and permit the congregation to worship undisturbed.April 1983

If needed, please consult Abbreviations used in CCAR Responsa.