FAITHFULLY OCCUPIED WITH THE PUBLIC NEED

DAVID J. SCHNALL, PH.D. Herbert Schiff Professor of Management and Administration, Wurzweiler School of Social Woric, University, New York

The and later commentaries devote much discussion to the issues of propriety, competence, and discretion in communal service. Community service is considered a sa­ cred commission to which Job security, tenure, and the protection of office are natural concomitants. Yet, because of the trust with which they are ordained, communal employ­ ees must be held to higher standards of productivity and competence. They are particu­ larly enjoined to keep confidential the information to which they may have access. Mod­ em conflicts in community management have antecedents in many different Jewish com­ munities over a period of2,000 years.

This article explores three aspects of T communal employment in classic Jewish X blessing and supplication recited in though: (I) job security and the right to or­ most synagogues each week on behalf of ganize, (2) quality assurance and account­ those who perform community service. The ability, and (3) personal ethics and honesty. Lord is called upon to reheve them of hard­ Its source is normative talmudic writ and ship and "pay their reward"—^perhaps for commentary, along with later rabbinic com­ the abundant hardships they encounter in pendia, correspondence, and quasi-judicial fiilfilling their mission and also as recogni­ mlings. Emphasis is placed upon norma­ tion that renumeration for their efforts is tive values and judgments, i.e., halakha and rarely adequate to the task. p 'sak, rather than homily and moral dis­ Given its importance, the tradition goes course (aggadah and d 'rush) to help capture to some length in detailing and structuring a sense of practice and application. the role of those who embody this public tmst as employees of the Jewish commu­ Two caveats, by way of preface. First, nity. The Talmud and its interpreters pro­ early Jewish texts generally presumed an in­ vide us with discussions of propriety, com­ dependent Jewish nation, living on its own petence, and discretion in communal ser­ land with its own public and administrative vice, discussions that were later codified cadres. Historically, however, this status and expanded to meet the needs of succeed­ evolved all too soon into vassal or provin­ ing Jewish communities. In some ways, cial status during the early talmudic period, Jewish communal workers were held to then toward the pre-eminence of Diaspora higher standards of competence and per­ life in Babylonia and the Near East, and sonal conduct than were those in the private later to the emergence of largely autono­ sector. Yet, there was an appreciation for mous Jewish communities in Christian Eu­ their vulnerability, and they were extended rope and the Arab world. a degree of safety and protection otherwise Consequently, arbiters of the tradition, unknown in workplace relationships. those empowered to interpret its sources, of­ ten were required to infer and extrapolate from references and precedents more at­ This paper is dedicated to the blessed memory of my tuned to general government service. They beloved mother, Mrs. Chana Schnall. An earlier adduced principles of leadership and com­ version was presented at the Third Annual Herbert Schiff Lecture in Management and Administration munal employment from biblical and (Yeshiva University and the Wiener Center of UJA- talmudic discussions regarding the Israelite Federation, July 19, 1994). King or the High Priest, institutions that

315 Journal of Jewish Communal Service / 316

had long since passed from the scene. tion of authority in urdess he has of­ Similarly, rulings about job security were fended" (, Klei Mikdash, 4:21; inferred from texts dealing with battlefield also Teshuvot, Item 111). commissions and hereditary peerage. It is The reference is of interest on several from this mix of historical experience and grounds. It suggests that there is some sa­ contemporaneous petition that something cred quality in service to the pubtic, analo­ peculiarly Jewish emerges. Notably, these gous to the priesthood. Indeed the Hebrew sources have taken new life with the advent term "Kohen" (priest) literally means one ofthe State of Israel and the renaissance of who serves. Maimonides seems to be postu­ a Jewish national entity. lating an early tenure provision for those in Second, Jewish texts frequently do not a position of authority, absent malfeasance, recognize the disciplinary boundaries ap- based on a code of holiness at the core of pHed to contemporary communal service. communal service. Their assessments consider those who col­ Others concurred, but with different rea­ lect charity, provide social service, care for sons. One sage suggests that absent brazen the infirm, operate communal institutions, public malfeasance, communal employees and organize responses to such public are not subject to removal for fear that they policy concerns as hostage release or refii­ may turn hostile and sin from anger or envy gee aid. However, they also include reli­ (]^3s\a, Menahot, 109b). However, most gious fiinctionaries (rabbis, cantors, and the saw this provision in another light. Rather like), public health workers, teachers, and than the priesthood of ancient Israel, they public sector employees in such areas as sought precedent in a talmudic passage re­ food service or landscaping. The modern garding established tradition. category of "communal service" is clearly The "pathways of peace" (i.e., personal covered by these provisions, but other pro­ sensitivity or social ethics) demand that, if a fessions are included as well. Although this particular household was customarily the article focuses on the equivalent of contem­ storage place for various ritual objects, the porary communal service, any study of clas­ site should not be changed, lest suspicion be sic Jewish texts must also refer to related raised about its members (, , professions and trades that share the public 60b). With this as a base, similar concern trust by virtue of their locus of employment. was expressed for the reputation of commu­ nal workers. Removal without cause, espe­ JOB SECURTTV AND THE RIGHT TO cially if no term of employment had been ORGANIZE stipulated, might raise suspicion about their competence or their integrity. Therefore, Classic Jewish sources sought to provide uiUess malfeasance was proven, their em­ protection and security for communal em­ ployment should continue indefiiutely (Ben- ployees who fiilfiUed their responsibilities Adret, 5:283; Caro, Orach Chaim, Item 53; competently. In several variant references, Ishbili,MflA:A:on3a). the Talmud relates (e.g., 12b, 73a) Removing the sanctity of service as a that among the priestly leaders of ancient prop for job security opened the door to Israel there were awarded temporary or variations of local custom, however. Thus, emergency commissions that might expire in time. Once so commissioned, however, In our age, it is the custom to appoint people that individual would retain many preroga­ over the pubhc need for a time, and when tives of office and honor due the appoint­ that time has elapsed these leave and others ment because "we increase from a position enter in their place...\^4lether they receive of authority and do not reduce to a lower salary or they do not, and even if no term was authority, for holiness is upgraded and not set for them...Since the custom is to change, lowered. We never remove one from a posi­ [concem for] suspicion has disappeared. The

SUMMER 1995 Jewish Communal Employment in Classic Jewish Thought / 317

pure for generations have borne the pubhc {Sifrei, Deuteronomy 162; Maimoiudes burden and then have left and others replaced Shoftim \ J; Klei Mikdash 4:20). them (Ben-Adret, 5:283). The principle is qualified by the appointee's character and competence, the It is noteworthy that this ruling makes no former given precedence on the assumption distinction between volunteers and profes­ that competence can be learned but charac­ sionals. All are expected to vacate their po­ ter cannot. In addition, community sensi- sitions upon completion of their term or by bitities and long-established custom may some other formal arrangement. Later mitigate a specific appointment (, thinkers confirmed this ruling, especially in 103b; Caro, Kesef Mishneh:Klei Mikdash, regard to civil rather than reUgious commu­ 4:20; Ben-Adret, I, Item 300; Isserlies, nal appointments (Caro, Orach Haim, Yoreh Deah, 245:22). Succession was later 53:26; Elijah, 53:26; Epstein, 53:26). expanded beyond posthumous inheritance. Nevertheless, there remains strong senti­ Children were appointed during the lifetime ment among contemporary religious au­ of a parent to assist in cases of illness or ad­ thorities in support of tenure benefits for vanced age and to assume fixll responsibility Jewish communal workers. Even if their in cases of incapacity (Isserlies, Orach term of employment has expired, they Haim 53:25; Kagan, 53:83-84). should not be dismissed, absent cause. In Finally, Jewish tradition does not differ­ addition to the precedent described above, entiate between public and private employ­ support is marshalled from a broad concem ees in regard to their right to organize or for equity, the financial well-being ofthe bargain collectively. Indeed, the Talmud employee, and a general sense that contracts provides details of an early equivalent to a of service are normally renewed (e.g., Fein­ strike among community servants over is­ stein, Item 77; Kagan, 53:86). sues of ritual responsibility {Yoma 38a, Tenure provisions may be relaxed, how­ , 14a, Yoma, 2:5). ever, if (1) the demand for service no longer Priests ofthe House of Garmu, charged exists, (2) the employee clearly waived the with baking the "shewbread" for the Holy right to tenure, (3) he or she is a front-line Temple in Jemsalem, refixsed a request to worker of littie authority, or (4) the employ­ train others in their delicate craft. In re­ ment decision is routine and has no mark of sponse, the Sages summoned artisans from controversy attached (Bleich, 1977, pp. Alexandria who were more amenable to 189-194; Levine, 1980, pp. 52-55; Wahr- their charge. In turn, the House of Garmu haftig, 1969,1, pp. 240-241; Waldenberg, refiised to report to work. Finding the skills 1985a, III, Item 29). of these early "strike breakers" inadequate Analogous to the sanctity it ascribes to to the task, the Sages were forced to double the public tmst, Jewish tradition also looks the wages of the Priests of Garmu before upon communal appointment as a form of they would return to their shift. Although peerage or royal commission. As such, it the Talmud records its displeasure with passes by a table of succession similar to these priests, they were permitted to return any other inheritance. Here the model was to work and to enjoy their new-found afflu­ the king of ancient Israel whom Scripture ence with impunity. The case stands as an binds to the ways of the Lord, "so that he example of a successfiil job action by com­ have many years in his monarchy, he and munal employees at least twenty centuries ago. his children in the midst of Israel" (Deuteronomy 17:20). From the concluding Modern Jewish authorities have gener­ phrase, classic homily infers and ally confirmed this right to organize, to set Maimonides mles that "all authority and all and enforce internal standards, and to nego­ appointments in Israel are an inheritance to tiate with management collectively. They children and to their children forever" have also permitted strikes, sanctions to en-

SUMMER 1995 Journal of Jewish Communal Service / 318

sure discipline among workers, uiuon shop in his place" (Tosefta Bava Meziah, 11:13). restrictions, and penalties against employers Many Jewish thinkers also held commu­ who use non-union labor. In this vein, nity employees to higher standards of qual­ coirunuiuty workers are treated no differ­ ity and accountability than those coirunon ently from other employees (e.g. Walden- in the private sector. Consider the follow­ berg, 1985, II; Item 23). However, particu­ ing: lar services carry with them a uttique public interest, requiring that they be regulated One v/ho gardens for the state and causes and curtailed more stringently. loss, a butcher of the munidpaUty who Among religious school teachers, for ex­ spoiled [meats], a blood letter ys/ba injured, a ample, job actions that prevent school au­ scribe who voided documents and a teacher thorities from engaging temporary replace­ vJho was negligent with children and taught ments and those substitutes from accepting them not or taught them in error, and all such assigiunents are an intolerable inter­ other such professionals who cause irretriev­ ruption of religious instruction and violate able loss, are summarily dismissed. They the tradition (Feinstein, 1964, Items 58-59). stand as forewamed that they be cautious in Similarly, physicians and related health their work, for the pubUc has ordained that care workers are singled out for fear that a they be appointed over them (Maimonides, cessation of service would create a life- Sekhirut 10:7). threatening, public emergency. In particu­ lar, Israeli religious authorities have vehe­ Several points of contention concerned the mently opposed their participation in any rabbis in this matter. First, Maimotudes of­ work stoppage (e.g., Tkhursh, 1963; Yosef fers no definition of "irretrievable loss" or I98I, IV:48). its application. His supporters strain to jus­ tify his illustrations as examples of loss that QUALITY ASSURANCE AND could not be compensated. They argue, for ACCOUNT ABILITY example, that children taught in error must "unlearn" before they can learn correctly, Jewish labor regulation was much con­ and their loss of time or opportunify cannot cerned with the freedom and discretion of be retrieved. Similarly, pain may be com­ full-time employees. Under limited circum­ pensated, but good health cannot be re­ stances, it provided the right of a laborer to trieved, and a householder in need of vict­ rescind contractual relationships even "in uals is poorly served by monetary compen­ midday." Although compensation might be sation for meats that were spoiled (Tolosa, due the employer for loss of income or op­ Sekhirut, 10:7; Tosafot, 2Ia). portunity, workers retained this basic pre­ The call for summary dismissal of these rogative for fear that they might otherwise workers puzzles the commentaries still become indentured {, 116b, more. They ascribe Maimonides' thinking Bava Meziah, lOa; Maimonides, Sekhirut to talmudic precedent in the case of Ruiua, 9:4). a gardener who issued a grievance against In the case of a community employee, his dismissal for cause {Bava Meziah, 109a; however, these rights were restricted in the Bava Batra, 2Ib). However, the talmudic face of overriding public interest, somewhat analysis seems grounded in the termination similar to limitations placed upon labor ac­ for negligence of a privately contracted ser­ tions noted above. An early source tells us, vice. The question seems to turn on the for example, that for those who provide ba­ type of damage incurred, i.e., any worker sic and essential public services, "if the time who causes irretrievable loss, the Talmud of the festival draws near and he would concludes, may be dismissed without warn­ leave for his home, [the community] may ing. It is Maimonides who adds that such restrain his hand until he appoints another negligence is cause for summary dismissal

SUMMER 1995 Jewish Communal Employment in Classic Jewish Thought / 319

only in the public/communal sector—as a munal service. Such individuals were to fiinction of the special trust invested by the look upon their positions with reverence community. and to treat their constituents with utmost The point is hotly contested. Interlocu­ respect and deference. tors reject Maimonides' distincdon between In particular, there was concern for the employment sectors, choosing a literal un­ indiscriminate use of serarah, authority or derstanding of the talmudic passage and influence, that could easily become willful striking a broad claim for general employee and arrogant. Based on several talmudic accountability and liability (Ben-Asher, anecdotes {Rosh Hashana 17a; Hoshen Mishpat 306:12; Ibn-Daud, To; Kedushin 70a), Maimorudes rules: Sekhirut 10:7; Isserlies, Hoshen Mishpat, 306:12; Sirkus, Hoshen Mishpat 306:12). An individual may never act with serarah Yet, Maimonides is not left unprotected. over the community, nor in a boorish spirit, Supporters explain that a superficial read­ but rather with humihty and awe...nor may ing of "Runia" is misleading (Caro, Hoshen he make hght of them even though they be Mishpat, 306:12). The grievance at issue ignorant, nor may he walk upon their heads, was lodged not against a private employer, even if they be simple and lowly, for they are but against either a municipal administrator the children of Abraham, Isaac and Jacob.... or an angry citizen pedtioning for the dis­ He must patiently cany the demands of the missal of a communal employee. Conse­ pubhc as did our master Moses (Sanhedrin, quently, Maimonides is correct to assume 25:1-2). that the scope of this judgment does not ex­ tend to privately contracted labor. Note that Maimonides rests his call not Subsequent adjudicadon has blunted cer­ upon specific transactions with one con­ tain aspects of the controversy and sharp­ stituent or another, but on the mission rep­ ened others. Later authorities suggest, for resented in communal service generally, example, that dismissal without warning is which is linked to the biblical history of the in order only for those with a history of neg­ Jewish people and their glorious ancestry. ligence, defined by at least three prior of­ Later, he warns administrators against pub­ fenses. This principle includes pro bono lic intoxication and generally fiivolous be­ service as well: incompetent volunteers, havior, admonishing them never to instill those who habitually cause irretrievable "fear that is not for the sake of heaven." A loss, are also to be removed summarily. later authority would rule that long suffer­ Further, dismissal from privately con­ ance was in order among communal em­ tracted services need not carry de-certifica­ ployees, even should their constituents tion, keeping the worker from employment "curse them and stone them" (Ben-Asher, elsewhere. Dismissal from communal ser­ Hoshen Mishpat, 8:12). vice for irretrievable damage, however, may The rabbis were equally taken with mat­ carry suspension of a license for fiitureem ­ ters of administrative discretion and confi­ ployment in that field (Epstein, Hoshen dentiality. They were well aware of the Mishpat 306:16; Falk-Katz, Hoshen broad scriptural exhortations against tale­ Mishpat 306:20; Isserlies, Hoshen Mishpat, bearing ramor-mongering, and slander— 306:8; Tolosa, Sekhirut 10:7). ethical principles especially salient in the dense social environment of medieval Jew­ STANDARDS OF HONESTY AND ish life. They appreciated that communal PERSONAL ETHICS service provided access to sensitive infor­ mation, the public exposure of which could Jewish texts deal extensively with the de­ be damaging even in the absence of malice. mand for high personal standards of behav­ Juridical ethics and procedure became the ior and propriety among those in the com­ model for behavior here as communal deci-

SUMMER 1995 Journal of Jewish Communal Service / 320

sions were considered quasi-judicial and mles regarding charity administrators and carried the power of law. For example, their agents are an apt example ofthe talmudic sources {Sanhedrin 29-31) find lengths to which talmudic authorities would that once a decision is reached, it would be go to avoid even the appearance of impro­ inappropriate for a judge to tell a litigant: priety. A well-known passage tells us: "I supported you but my colleagues op­ posed, and what should I do that they were The chanty fiind is collected by two...because in the majority." we do not place serarah upon the community In codifying this principle, Maimonides but with two...chaiity collectors may never cites a talmudic anecdote in which a scholar separate from each other...If one finds money was ejected from the stucfy hall for revealing [wiiile on duty] he should not place it in his privileged information classified over purse but put it into tiie chaiity box and later twenty years earlier. He rules that even the remove it at home. Similarly, if one is repaid written text of a decision must be handed a debt [while on duty] he should not place it down anonymously. Only a general refer­ in his purse but put it into the chaiity box and ence to any dissent was permissible, in def­ later remove it at home {Bava Batra 8-9). erence to concerns that a misimpression of unanimity violated the demands of simple Once collected, all currency must be re­ honesty and candor {Sanhedrin 30a; corded "one-by-one," to ensure the honesty Maimonides, Sanhedrin, 22:7-8; Caro, of the count. Once distributions to the poor Hoshen Mishpat, 19:1-2). were completed, overage of fiinds or goods A consistent stream of rabbinic thought may be transferred or sold. However, ad­ was discomforted by this principle of confi­ ministrators and their agents may not be dentiality, however. There was fear that it part of any such transaction for the potential might limit the opportunity for redress from conflict it may represent. As tribute to the erroneous decisions and fiirther contribute tmst they enjoyed, the Talmud concludes, to administrative arrogance and abuse. If "We do not audit collectors of charity" for individual members of a judiciary or, by im­ the moneys entmsted to them. Though the plication, of a community board or arbitra­ entire passage was later codified almost ver­ tion panel saw good legal cause for revers­ batim (Maimonides, Matanot Aniyim, 9:8- ing the decisions of the majority, were they 11; Caro, Yoreh Deah 257), one authority not duty bound at least to inform the inter­ suggests that the wise administrator will ested parties? voluntarily submit to a periodic accounting Later rulings accommodated this con­ (Ben-Asher, Yoreh Deah 257:4). cem. Dissenters were enjoined from ac­ Later thinkers were most insistent on the tively soliciting and organizing community need for a public accounting, however, es­ opposition to judicial or administrative ml- pecially if (1) some public question has ings. However, they could respond to fiir­ been raised regarding the misappropriation ther inquiry and seek reversal if (1) the sub­ of fiinds, (2) the administrators are paid stance of dissent was in clear reaction to a professionals, or (3) such has become the misinterpretation of the law and not purely local custom. In all events, the accounting a matter of opinion and judgment, (2) they is a discreet affair, entmsted in the hands of were unsuccessful in correcting the injustice a small committee and attached to a stan­ through discreet communication with their dard review, rather than a random audit colleagues, and (3) there was an available (Epstein, Yoreh Deah, 257:12; Ha-Kohen, avenue of compensation for the aggrieved Yoreh Deah 257:3; Isserlies, Yoreh Deah, (Eisenstadt, Hoshen Mishpat 19:1). 257:2). Finally, the rabbis were most insistent in Medieval authorities also demanded that seeking to avoid conflict of interest among contributors take responsibility for their those entmsted with pubtic fiinds. The munificence. It was expected that they ex-

SUMMER 1995 Jewish Communal Employment in Classic Jewish Thought / 321 ert themselves to ensure that moneys col­ service is a sacred commission, part nobility lected on behalf of charity be handled hon­ and part priesthood. Job security, tenure, estly. In discussing the higher levels of and the protection of ofBce are natural con­ charitable giving, Maimonides encourages comitants to the position. In his words, "for support for a commuiuty fund as an anony­ we do not remove one from the holy, mous intermediary between donor and re­ whether in the highest court or in the local cipient. However, he rules, "A person shall congregation." not contribute to a charity fimd unless he In the United States, by contrast, tenure knows that the appointee [over the fund] is provisions in public employment are largely honest, wise and straight, as was Rabbi based upon the early concerns of reformers Hananiah Ben-Tradyon" {Matanot Aniyim, about partisanship and the independence of 10:8). the civil service. Absent such protection, The reference is curious. Talmudic an­ public employees might be subject to unto­ ecdote records that Rabbi Hananiah Ben- ward political pressure by influential con­ Tradyon was indeed a local charity admin­ stituents, embroiling them in partisan istrator { 17b). In this posi­ battles that would render independent ad­ tion, he was responsible for several ac­ ministrative judgment impossible. counts, including a designated fimd for dis­ Even for those who do not fully share tribution only as part of the celebra­ Maimonides' vision of the sacred in com­ tion. Commentaries differ regarding the munal service, consideration is given to the details, but he apparentiy confused this fund employee's good name, in the spirit of the with another or with his own money. In ei­ contemporary concern for public ethics. ther case, he made good on any shortfall, at Removing communal employees, even at his own expense and in such manner as nei­ term, would make their competence or their ther to embarrass the poor nor the donor. honesty suspect, which is intolerable among He is held aloft as a model, therefore, less values deeply rooted in individual responsi­ for administrative competence than for ex­ bility. Yet, when their concerns for per­ emplary personal integrity. sonal reputation are blunted by local prac­ Later thinkers averred that, in the ab­ tice and custom, tenure provisions are re­ sence of such a figure, it would be best to laxed. (Juoth Ben-Adret: "Since the cus­ seek one who was "wise in the ways of col­ tom is to change, suspicion has disap­ lection" (Caro, Bet Yosef, 259:12; Ibn peared." This reflects the pragmatic ra­ Zimrz, Matanot Aniyim, 10:8, Tosafot, tionalism that marks Jewish thought in ar­ Bava Batra lOa). Tragically, much of this eas extra-ritual. discussion around Rabbi Hananiah Ben- Regarding the quality of service, Tradyon has been mooted by history. Today Maimonides makes a similar demand that he is known neither for his competence as a communal employees be held to higher communal servant nor for his honesty. In­ standards of productivity and competence: stead, he is remembered among the 'Ten 'Tor the public has ordained that they be ap­ Martyrs of Rome," memorialized in the pointed over them." The community may prayer service for Yom Kippur afternoon. be obliged to protect their jobs and their good name, but the trust with which they CONCLUSION are "ordained" obliges them to take care that they cause no harm. They "stand as The source material presented here allows forewarned" and may suffer summary dis­ several inferences about communal service missal and de-certification. Further, those that are relevant to this readership. Con­ so empowered must treat their constituents sider the perception of communal employ­ gently and with forbearance, recalling that ment that emerges, particularly in the "they are the children of Abraham, Isaac, thinking of Maimonides. Here community and Jacob."

SUMMER 1995 Journal of Jewish Communal Service / 322

Despite concem for the public welfare, sideration for minority opinion and nuance members ofthe community service are not has stood the tradition well in both hospi­ generally enjoined to refrain from job ac­ table and hostile environs, providing prece­ tions or strikes. Like private employees, dent for change while still maintaining flu­ they are endowed with the general freedom ency with the past. to pursue their rights to organize and to set Evidently, modern conflicts in commu­ standards for wages, working conditions, iuty management have their analogue in and mutual security. Only recently has the very different societies over a period of right to strike or to penalize non-uiuon la­ some two nullennia. Social, political, and bor in the case of a work stoppage been cur­ technological change notwithstanding, con­ tailed and then by industry, e.g., teachers cems for ethics, quality and productivity, and health professionals regardless of job security, and continuity in ofBce survive agency jurisdiction. the centuries and retain much of their However, there is little doubt that the former edge. Less a guide for contemporary personal demeanor and honesty of commu­ practitioners, perhaps there is some conso­ nal workers are held to high standards. lation in knowing that the tensions they Much concem is expressed over the poten­ face are not dissimilar to those prevalent in tial for communal admirustrators to abuse Talmudic or medieval times. their discretion, to treat their constituents with arrogance and disdain. They are en­ ACKNOWLEDGMENTS joined to hold their counsel, always aware The author wishes to express his apprecia­ that the information to which they have ac­ tion to the Memorial Foundation for Jewish cess is sensitive and potentially damaging if Culture, for their generosity in support of treated irresponsibly. This, of course, is the research, and to the Hastings Center for added to more general warrtings in regard the Study of Ethics and the Professions, for to the dangers of gossip and mmor. providing him the venue to complete the The special care taken to reduce even the work, as Visiting Scholar during the Spring appearance of conflict in areas of public of 1995. levy has particular relevance. In the recent past there has been public scandal among REFERENCES those entmsted to raise and distribute chari­ table fimds for both Jewish and non-sectar­ English Language ian constituencies. It might be well to res­ Bleich, J. David. (1977). Contemporary urrect the model of Rabbi Hanaiuah Ben- halachic problems. New York: Yeshiva Tradyon in the field of philanthropic ad­ University Press. ministration. Though tragic, he stands as Cohen, Stuart. (1990). The three crowns: an example of a communal executive with Structures of communal discourse in early adinitted imperfections, whose commit­ rabbinic society. Oxford: Cambridge Uni­ ment to principle and to the welfare of his versity Press. charges was impeccable. Cover, Robert. (1987). Obhgation: A Jewish All that has been said suggests that Jew­ jurisprudence of the social order. Journal ish tradition is no monolith: for each posi­ of Law and Religion, 5, 65-90. tion, there is an opposition; for each text, a Elazar, Daniel. (1981). The Kehillah: From counter-text. Scholars may assign political, its beginnings to the end of the modem ep­ social, economic, and historical reasons for och. In Sam Lehtnan-Wilzig and Bemard this diversity, but classic Jewish study tends Susser (Eds.): Comparative Jewish Poli­ toward studied altistoricity. At least for­ tics: Public Life in Israel and the mally, it favors juridical positioning: the Diaspora. Jerusalem: Bar-Dan University analysis of an argument upon its merits and Press. regardless of its context. The resultant con­

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