Halacha for Monday 2 Tevet 5780 December 30 2019

May One Disagree With One’s Rabbi?

Who is Considered One’s “Rabbi”?
The Gemara (Sanhedrin 110a) states that one who disagrees with one’s rabbi is tantamount to disagreeing with Hashem’s presence. We have already discussed in the Halacha Yomit that there are three categories of rabbis (Torah scholars) being discussed here: The first is one’s primary, i.e. the rabbi under whom one has studied most of one’s Torah knowledge or a Torah luminary of the generation. Maran Ha’Shulchan Aruch rules that the law regarding one who disagrees with one’s rabbi is tantamount to disagreeing with Hashem’s presence only applies to one’s primary and not to a Torah scholar who is not one’s primary rabbi. Based on this, the prohibition to disagree with one’s rabbi applies to a Torah luminary of the generation as well.

What Does “Disagreeing” Mean?
The Rishonim disagree regarding the definition of “disagreeing with one’s rabbi”: Does this mean simply ruling on halachic matters against one’s rabbi or does this refer to the student establishing his own Bet Midrash where he sits, learns, and teaches without his rabbi’s permission thereby accepting authority upon himself without his rabbi’s express permission and only this is considered disagreeing with Hashem’s presence.

The Rambam, Tur, and Maran Ha’Shulchan Aruch rule in accordance with the latter opinion that one who establishes a place for himself to learn and teach without one’s rabbi’s permission is tantamount to disagreeing with Hashem presence. Nevertheless, one may disagree with one’s rabbi on matters of Halacha, such as we find many times throughout the Talmud that Rabbi Yehuda Ha’Nassi disagreed with his father and rabbi, Rabbi Shimon ben Gamliel, as did Rava with his primary rabbi, Rav Yosef. However, in order to do so, one must certainly have solid sources and proofs to support one’s opinion and one must likewise weigh one’s rabbi’s opinion carefully and not rush to disagree with his opinion for naught, thus causing one to disagree with one’s rabbi contrary to Halacha in addition to rendering a mistaken halachic ruling.

Derech Eretz
Maran Rabbeinu Ovadia Yosef zt”l  writes that when disagreeing with one’s rabbi on a given matter, one should not do so in his presence; however, doing so not in the rabbi’s presence is permissible provided that this is being done in a humble and respectful manner and not as a display of victory. We should add that nowadays, it is quite common for some Torah scholars to disagree with their rabbis who are leader of the generation and upon analyzing the words of the students, it is apparent that their words have no substance and that they are causing needless disagreements in the Jewish nation and issuing mistaken halachic rulings. About such people does the Rambam write: “Such small students who have not studied Torah sufficiently and wish to elevate themselves in the eyes of the general public and in the eyes of the members of their city by jumping to sit in the front in order to judge and rule for the Jewish nation increase arguments, destroy the world, extinguish the flame of the Torah, and damage the vineyard of Hashem. About such individuals does King Solomon exclaim, ‘Little foxes who damage vineyards.’”

We have mentioned all of this so that when one chooses a rabbi for one’s self that will rule on matters of Halacha and the like for the individual, one must make sure that this rabbi is a true Torah scholar who has found favor in the eyes of the Torah luminaries of the generation and is deeply G-d-fearing, for a Torah scholar’s fear of Heaven must precede his Torah knowledge and he must likewise possess excellent character traits, as we shall, G-d-willing, discuss in the future. One must not take this lightly, for the decision one makes regarding who one’s rabbi will be will have tremendous implications in all areas of one’s life. We have seen rabbis who did not possess fear of Heaven and who ended up infliction irreparable damage on entire Jewish communities.

8 Halachot Most Popular

Shofar Blowing

There is a positive Torah commandment to hear the Shofar blasts on Rosh Hashanah, as the Torah states, “A day of blasts shall it be for you.” It is forbidden to speak between the various sets of Shofar blasts and this is certainly the case during the time the Shofar is actually being sou......

Read Halacha

 The “Shehecheyanu” Blessing

Our Sages teach us (Eruvin 40b) that one should recite the “Shehecheyanu” blessing upon seeing a new fruit that renews once a year. Even if one sees this fruit in the hands of another person or on the tree, one should recite the “Shehecheyanu” blessing. Nevertheless, the P......

Read Halacha

So that We May Refrain from the Injustice of Our Hands

During the Ne’ilah prayer, the prayer that culminates all the Days of Awe recited towards the conclusion of Yom Kippur, we state: “And You, Hashem our G-d, have given us this Yom Kippur etc. for pardon, forgiveness, and atonement so that we may refrain from the injustice of our hands and......

Read Halacha

Parashat Naso in the Diaspora

(From the teachings of Maran Rabbeinu Ovadia Yosef ztvk”l) (written by his grandson HaRav Yaakov Sasson Shlit”a) (translated by our dear friend Rav Daniel Levy Shlit”a, Leeds UK) Trading Places! The Parashah states, “The sacred offerings of each individual remain his ......

Read Halacha


Repenting for Speaking Lashon Hara and Rendering a Mistaken Halachic Ruling

Question: If I have spoken Lashon Hara (evil slander) about my friend, must I confront him and tell him what I have done in order to request his forgiveness? Also, what is the law regarding a rabbi who has ruled stringently on a matter when, in fact, there is actually room for leniency, must he ask ......

Read Halacha

Some Details Regarding the Prayers of the Days of Awe

“Hashem Wants Our Heart” One should try to focus as much as possible on one’s prayers throughout the year, especially during the Days of Awe, and not pray hastily, G-d-forbid. Rather, one should calmly, with utmost concentration, and in a supplicating manner. We must remember t......

Read Halacha

Rosh Hashanah Which Coincides With Shabbat

This coming year (5787), Rosh Hashanah will fall out this coming Shabbat and Sunday, G-d-willing. Let us discuss several unique laws relevant to this year. “Bameh Madlikin” When Rosh Hashanah coincides with Shabbat, Kabbalat Shabbat is recited before Arvit; however, the “Bameh ......

Read Halacha

Transferring Another’s Judgment Into the Hands of Heaven

Question: Is it correct that one may not transfer another’s judgment into the hands of Heaven, i.e. requesting that Hashem punish an individual who caused me harm if I am correct? Answer: When our matriarch Sarah saw that she was barren, she gave her maidservant, Hagar, to her husband Avrah......

Read Halacha