NARR 8-10

CCAR RESPONSA

New American Reform Responsa

6. Synagogue Honors*

QUESTION: Does a family have the right to claim certain synagogue honors for itself? May these honors be inherited from one generation to the next?

A number of years ago, when honors were sold, a certain member always held the honor of opening and standing before the ark at Neilah on Yom Kippur. When he died, his son-in-law claimed this as his right. (The rightful “heir” presumably acquiesced). It was conceded to be his “hazaqah.”

Following the death of this son-in-law the remaining daughter’s husband assumed this role. He has claimed this as a tradition which the congregation must respect, and that a descendant of this particular family has the claim to this honor in perpetuity. Is there an inherent right to such honors? What are the limits? (Rabbi Albert A. Goldman, Washington PA)

ANSWER: The principle of hazaqah has been applied to various assets (movable and immovable). It has also been applied to synagogue honors (Shulhan Arukh Hoshen Mishpat 162.7). Some discussions concerned specific synagogue seats and the length of time necessary to make a claim to a seat permanent. Three years of uninterrupted synagogue attendance was deemed necessary to fulfill the obligation although occasionally an absence was excused due to mourning or illness (Solomon ben Aderet Responsa I 943; Bet Habehirah B B 29a; Bet Yosef to Tur Hoshen Mishpat 140.16; 141.2, etc). Some of the responsa have dealt with other synagogue honors which were inherited from one generation to the next. Usually this was only possible for the founders of the synagogue. In other words, through their action to establish the original synagogue they had certain rights which could be given to their heirs (Shulhan Arukh Hoshen Mishpat 162.7; see also Pithei Teshuvah). It was, however, generally not practical to follow this custom with synagogue seats or honors as income for the maintenance of the synagogue was related to them. Therefore, the heirs were provided the opportunity of acquiring such honors by making substantial contributions to retain them.

We must make a distinction between honors acquired through a financial contribution and those bestowed by the congregation in recognition of distinguished service or scholarship. The latter depended entirely on the will of the congregation which could grant them and revoke them.

There is a great deal of local minhag involved in all such matters, but one can say with the exception noted above, honors or special places in the synagogue cannot be inherited in perpetuity. Additional exceptions may, of course, be created through documents which may grant such honors in perpetuity (E. Margolis Shaarei Efraim Shaar 1, 2 f).

The local minhagim are intended to strengthen the congregation and to assure peaceful relationships within the congregation. In this instance, therefore, it would be wise to place a good bit of emphasis on those factors. Many synagogue honors are available during the High Holidays; furthermore, it would be quite possible for more than one person to open and close the ark during the Neilah service. This should make it possible to reach an accommodation which preserves the honor of the family and the rights of the congregation.

June 1987

If needed, please consult Abbreviations used in CCAR Responsa.