Congregational Meeting on the Sabbath
The question comes from a congregation that until recently was Orthodox and now is more or less Re form. The congregation is planning some improve ments in its facilities. It has proved difficult to assemble a congregational meeting except on Friday evening after services. The congregation is divided on the question of whether it is proper to have a busi ness meeting on late Friday evening.
This subject can best be discussed first of all from the strict standpoint of Orthodox law; then it may be judged whether the fact that the congregation is now more or less Reform changes the situation materially.
It is evident at the outset that in Orthodox law and custom not every discussion of money matters is invariably prohibited on the Sabbath. For example, it is a custom well established for many centuries that men called up to the Torah on Saturday morning make a definite contribution to the synagogue, and a blessing (Mi sheberech) is provided in their behalf. There is also the custom of auctioning off the mitzvos of participating in the Torah ritual, a custom defended by the latest authority, Epstein (Aruch Ha-Shulchan, Orah Hayyim 306 : 16). The question is: Just what is permitted and what is prohibited concerning money matters on the Sabbath?
The law on the matter is based primarily on the Talmud (b. Shabbas 150a) and starts more or less from the verse in Isaiah (58 : 13): “If thou turn away thy foot because of the Sabbath, from pursuing thy business on My holy day, . . . nor speaking thereof.” This verse is understood to refer not to the actual doing of “thy business,” which is obviously prohibited, but even to “speaking” of it in your mind —planning for and thinking about your business is likewise prohibited on the Sabbath. For example, a man may not plan in his mind on the Sabbath how to rearrange his goods or at what price to sell them in a sale that will take place after the Sabbath, that is, you must not “pursue” even in your mind your business on the Sabbath day. This extra prohibition is based on the fact that not only are the definitely enumerated types of work prohibited, but also those things which violate the mood of Sabbath rest. The question, then, is: Are these additional “mental” prohibitions (merely thinking of or planning for your business) prohibited under all circumstances?
The Talmud here immediately makes a distinction. It stresses the fact that the verse in Isaiah says “thy business,” meaning thy personal business. But with regard to public and communal business, mere thinking and planning is not at all prohibited. Then the Talmud makes a number of specific statements as to the type of unselfish or communal business as to which it is permitted to think and plan on the Sabbath. One rabbi says: “Calculations for a mitzvah may be calculated on the Sabbath.” Another one says: “We may determine upon charity for the poor on the Sabbath.”
Rabbi Jacob makes the statement which is closest to our subject: “We may go to the synagogue to supervise the affairs of the community on the Sabbath day.” These Talmudic statements are repeated as law in the compendium of Asher ben Yehiel. And in the great code of Maimonides (Yad Hilchos Shabbas, chap. 24, sec. 5) the law is clearly stated: “We may calculate calculations for mitzvos, we may set charity for the poor, and go to the synagogue to attend to public affairs on the Sabbath.”
However, the commentator on the Rambam, Maggid Mishna (Don Vidal, of Tolosa, in the fourteenth century) utters here a word of caution, namely, that what is permitted for the benefit of the community (or the synagogue) on the Sabbath are only those things that are not directly violative of the Sabbath laws but only such things as do not involve direct work.
Therefore, when we study the law as codified in the final classic code, the Shulchan Aruch (Orah Hayyim 306 : 5 ff.), we see a combination of permission and caution. Thus, in Section # 5, Joseph Caro himself says: “It is forbidden [on the Sabbath] to hire cantors [chasanim] to pray on the Sabbath, but some permit.” Moses Isserles, in his note, then makes this distinction: If the chasan is hired not merely for the Sabbath but for a whole month [i.e., including weekdays], or for a year, every authority agrees that it is permitted [i.e., to hire him on the Sabbath], In Section #6, Joseph Caro says: “Religious matters [‘the affairs of heaven’] may be discussed. To decide charity or to oversee matters of the community are permitted on the Sabbath, but not to mention fixed sums of money.” Nevertheless, even with regard to fixed sums of money, Moses Isserles, whom we follow, says that in many places it is the custom for people to give charity [i.e., a fixed sum] when they are called up to the Torah.
To sum up the Orthodox law: It is permitted to meet in the synagogue and discuss matters for the good of the community, even to discuss money matters, although there is some question whether specific sums should be too minutely discussed. However, it is forbidden, of course, to handle money, or to write down the record of the proceedings, or to sign a pledge, all of which things come under the heading of definitely prohibited Sabbath work.
There is also a full discussion of this subject by Solomon Ha-Cohen, of Defta (Morocco) in his book “L’Cha Shelomo” (p. 130, Orah Hayyim, addenda # 1). His chief argument is that business discussions are not actually prohibited by the Torah, but only by rabbinic law as a cautionary measure lest the men write down the results of the discussion. Now a mere rabbinical cautionary measure may be lifted for a spiritual cause. Besides, whatever gifts may be pledged to the synagogue or to charity do not need to be written down because they become a valid promise or contract by the mere verbal promise without any written contract (Amira Ligvoho).
What difference does it make if the congregation is no longer strictly Orthodox? It does not always follow that a Reform congregation is in everything less strict than the Orthodox. Reform congregations are not governed by the strict details of the law, but they may sometimes be considerate of the general feeling of the community, even where the law would permit a certain action. For example, according to the law, a man may be buried on the first day of a Festival if Gentiles do the physical work involved, but no Reform congregation would permit such a burial.
Therefore, concerning the present problem, we would first ask the question: What is the sentiment of the community on the matter? If the sentiment is strongly against holding such a meeting on Friday evening, it would be wrong to violate their feelings, even though they are based on a lack of acquaintance with the actual law. As a matter of fact, it is also a well-established principle in Orthodox law not to make any decision to permit something (even though it may actually be permitted) if to the people it will appear to be a strange decision (since they all believed it to be prohibited). In other words, even Orthodox law hesitates to run counter to popular notions.
However, since the sentiment in this particular community is divided and a decision is here asked for, I would decide, on the basis of both the law and its cautions, as follows: It is here difficult to get a meeting on a weekday. That in itself would indicate that the people are not oversensitive about meeting on the Sabbath, for if they were, they would make a determined effort to inconvenience themselves and hold it on a weekday. Since Orthodox law permits the discussion of public business on the Sabbath, such a meeting may be held in this case to discuss the affairs of the congregation. Yet it would be better if the meeting were not predominantly financial in mood, but limited instead to a discussion of the need for improved facilities and to the decision as to whether to provide them. Certainly any attempt to keep a written record or to handle money at that meeting (which is definitely prohibited by the law) would shock the religious sentiments of the community and should not be permitted.