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Rabbinic Aristocracy or Nepotism | Rabbi Shai Finkelstein | July 22, 2025
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We will continue with uh nepotism.
It's really good to talk about nepotism
for so long, right? Okay. So, we are on
page
uh
six on or five
>> five
and we will conclude
uh this show will conclude the series of
classes. So we are on page five towards
the the end of page five in Moshe. So uh
just just to give a very short summary
what we started few few I don't know
many weeks ago we spoke about the the
idea
the idea of um
of Mosher Rabenu wanting to uh have his
children becoming his successors. And we
spoke about the different uh opinions in
the midrash why the answer was no and
what was the thought that Moshe had and
why and then we went into the hala of it
we showed some uh some questions in
halaka and now we're going to conclude
with some other response regarding that
that subject okay so Feinstein
Feinstein was asked the question
which is many years ago.
Okay, so that's 45 years ago. 47 years
ago, 47 years ago. And it says the
following.
The question is like that.
So the question is there is a rabbi who
is in that specific sh for many many
years. He gives speeches between
Shabbat. He's uh you know he's doing
everything that is needed.
He did it on a volunteer basis, but he
was never appointed to be the former
rabbi.
But it was a known fact that he was
quote unquote the rabbi. Even the gabim
that were there for many years, they
also thought that he is the rabbi. So
he's like a rabbi without being
appointed to be the rabbi. And now
another rabbi comes along and he wants
to be the rabbi. So can you remove this
one who was a rabbi without really being
appointed to be the rabbi? Now this is
by the way uh it's a well well-known
phenomena in uh communities that they
start a shul without really having a
rabbi or it's just like a minion and
then someone is just functioning as a
rabbi but he was never really appointed
and then
and he he stays. Yeah. And then when you
really want to hire a rabbi then the
problems uh s faces. So says the
following
says it's very simple to my humble
opinion
says this person who was never appointed
is considered as the rav of this
community and it's due to two main
reasons first
what it says in the
you
He says first based on what the Rama is
in the 16th century says in as part of
the gloss in the that if someone held on
to a a position even though he was not
appointed but he did it for years you
cannot remove him from his position. So
that's one.
So he says another rabbi can comes along
and let's say he can make a he can be a
pos. Let's say this Rav is not a pos.
He's a good speaker. He's a good michu.
He's a good psychologist, you know, very
good. So that you don't replace him. The
other guy can make maybe can give up.
Okay.
I will translate in a second.
So the second reason is the fact that
the did not say a thing for such a long
time which means you have a rabbi who
was not appointed and he functions as a
rabbi right so you know a week two three
it's nice you would expect the ka to
come and tell him look we really
appreciate what you do but just one
thing let's clear the air you are not
Rabbi, we do enjoy your talks. We do
enjoy your presence. But we just want to
tell you that what that in a chance or
in a time that someone else will come
and we are ready to hire a rabbi, you
are not considered to be what? The rabbi
here. If they would say that fine, they
didn't bye. Okay. Now if they have
claims against him, I don't know, he is
not appropriate, he's not nice, he's not
okay, sue me. Okay.
>> Complain.
>> That's also true. Yeah. You know,
sometimes uh people complain only after
they see something else. Okay. And
sometimes just complain because they
like to complain. But whatever it is, if
they did not reveal their opinions
before, he is the rabbi. Okay.
It might be the tea just function as a
mag or whatever and they each one of
them you know reach out to a different p
not necessarily the by the way I
know and heard about some name of ko
that they don't want to make they're not
the just mideshi oh but they don't want
to have anything to do with
Oh, because he thought that there is no
rabbi and someone reached out to him and
says, "Oh, sure. I can be a candidate."
Came down and then he he hears that
there is a rabbi.
Yes. Okay. So, let's see
if I'm not mistaken.
So, his question is about the
son-in-law. So, you had the
father-in-law was the rabbi. He passed
away. Can you say that it's not only
goes to whom? To the children, but it
goes all also to whom?
>> To the son-in-law. Do you see how we
view a son-in-law like you're really
truly your son? Right.
>> Beautiful. What?
>> Right. So, let's see. This is an
interesting thing.
Now here it's a bit different. It's not
that there is no son. There is a son and
there is a son-in-law.
And the son-in-law says I would like to
take over and the son says
I would like to take. Now this is
interesting by the way even with the
rebu was something someone closed. It
was the son if I'm not mistaken.
>> Grandson,
>> nephew, grandson.
>> No, no, no. Not the rabbi. The rabbi's
father-in-law. I think he had he had a
son if I'm not mistaken or a grandson or
someone
another son-in-law.
Okay.
Don't I think it will be resolved if the
daughter will take over right so um
so here we have the issue of a son
versus a son-in-law you see how exciting
it can be
also
>> no this is
yeah page six okay
when there is The son, the son-in-law
gets
nothing.
Sorry.
So here we have another case that he
brings. He brings invim
that the question there was like that
there was a shamash
and he died the son-in-law took over for
like three five years even though that
shamash had what had a son and the son
didn't say anything three years later
the son says what
this is my job this is not your
Shalom.
[Music]
forchech.
So this case becomes a bit complicated.
The case that brought was what? The
shamash died. The son-in-law took over.
The son did not say anything for three
years. After 3 years he realized oops
maybe it's a good position and he
basically what appealed and said you
know what I want the job. Okay good
that's wonderful. But we say
you were silent for 3 years.
Here the story is a bit more
complicated. And why it is a bit more
complicated? Because the son-in-law
indicates that what that the kahal also
approached him
says look I can't clarify that. I don't
know exactly what's the story. If I
would know the story I might make a
better but I don't know the story. The
thing is like that. This is a very
interesting thing.
When we say that uh okay, let's put it
like that. Let's make it complicated. We
like complicated stories. Why not? If
it's not, it's not fun, right? If it's
so easy, it's a pash. We said that
always the Ben Beh has uh the right,
right? So if it's a Ben versus a
son-in-law and mal
let's say that there is a daughter she's
the first born okay and then there is a
son second son okay and then there is a
son-in-law
and
>> not necessarily maybe to even an adult
daughter so I will make it as
complicated as I can
so
and the sonin-law
is
definitely
fits the bill of
he can basically fulfill his
father-in-law's shoes in wisdom and
inashem in being a god-fearing person
and the son can fulfill his father's
place in let's say not which was the
indicator right you remember the fear of
god
and the people would like to see the
son-in-law d
Not the son.
Do you still think that the son has a
better right than the son-in-law or not?
Okay, let's open it up.
>> Yes.
>> No, no, no. Before a question. Before a
question. Don't Don't be a good Jew.
Don't ask answer me with a question.
>> What is the qualification? We said we
said we said we said wisdom
and I said you don't have everybody's
but now he's now he's rabbi
>> no no both of them have both of them are
good this is not the issue don't ruin my
story now I I just made up a story okay
>> yes
oh don't say names and places it
happened somewhere on one of the
continents
Uh-huh. And what was the So the story
was in
>> acceptable. But why?
>> Yeah.
There there was a shul somewhere
>> and the rabbi passed away and the
son-in-law took over even though the son
was eligible and it was accepted. Now do
you know why the son-in-law was elected
and not the son
>> didn't? Oh interesting. So if you
remember and I don't expect you to
remember that that's not fair. It was
three weeks ago we spoke about the fact
that the Rambam says that the most
important thing for a son to take over
is not.
So now obviously we're not talking about
a dummy right we're not talking about
someone who is totally dumb and just has
even for you need to be right. So just
in terms of intelligent and wisdom and
whatever experience and whatever it is.
So there is something interesting here
when there is a ben.
So it seems to be that all the dush of
obviously applies when it comes to a
regular son versus son-in-law. It might
be that we need to see this idea of
giving the position in
is do we see that as
so then son son son son son son son son
son son son son son son son son son son
son son son-in-law who cares or it only
goes to whom to biological children
very similar to what to me very good me
does not go to the sun it goes to whom
to the sun and if there is no sun
there's no such a Okay, it goes to the
sun. Okay, many times maybe it happened
but not not in. So the idea is it's very
interesting according to the he says in
a very general way.
Now this is as we already prefaced last
week it's only in places that there is
no voting process. We already spoke
about the fact that what that in most of
the raanot today what do we do? You have
a contract and you have a contract and
it says three years fibers. The problem
can be when you have a lifetime
contract.
A lifetime contract. A lifetime contract
means what? You are there
forever.
Which means we are taking you only out
of the shoe with a stretcher. Right?
That's what it means. So when someone
receives such a contract the lifetime
contract then it might be it might be
that he has uh a tina that his position
will go also to whom? To his children.
Okay. Have that in mind. Oh wow. Okay.
One.
Oh, that's wonderful. He should we
should do a tribute dinner for him. Give
him a nice award and tell him and run
him out of town. Yes.
does not want somebody else.
Nothing doesn't have the right to do
that.
>> Yes. So we said only if this rabbi was
hired with a contract here in the cases
especially in the ancient times it was
not by a contract. He was just there he
was there until he died and then he has
the right to give it to to his children.
Then the only question is let's say if
the if the son is not un is not worthy
to be a rabbi at all or even in cases
that there is a yusha what would you do
when the kahila says we don't want him
not because he's a terrible person not
we just don't like him we didn't like
his father either
we had nothing else to do he was there
but we definitely don't like his child
okay a father like a son like his father
and we don't like we didn't like the
father, we don't like the son. Can you f
because we know it's a it's a recipe for
a disasterreation
somewhere
>> somewhere. Mhm.
>> It's correct. Realistically
it's a recipe for a disaster.
Okay. There was one more question I
think. No. Okay. Yes.
is the continuation of my life.
>> Okay. Yes.
>> How is that measurable to know that the
law.
So, it's interesting that they're able
to stand against the other.
>> Very good. We talked about it a little
bit a few weeks ago. We talked about
wisdom can be somewhat measured. Okay.
This uh rabbi uh this the son I don't
know finished just uh and he knows
everything by heart and he knows
everything that someone asked him and
the son-in-law is not or vice versa. So
for wisdom there is somewhat of a
measure even though
someone can be very humble and not
reveal all his wisdom. The ratime part
how can you how can you test it? So we
spoke about it and the answer was we
don't know at least I don't know how do
you measure by eating a special
by having a longer beer there like
having
I mean how do you measure do you give
them a test you know do you give them a
test you you put them in a place that
they can fail and you see what's
happened I don't know how do you measure
something like that yes
So don't forget that um at least back
then in the I'm not talking about or
even before that when it started
I I guess it was less uh less known less
important less expected you know yeah I
I'm I'm with you meaning let's say the
sun is very wise and has a lot of mind
but has you know zero empathy to people.
Okay. And the other one has little less
wisdom, maybe a little less, but he's
very sensitive, very,
you know, very generous heart, very
kind, very sensitive, very helpful to
the congregation. Um,
look, I think it goes back to a
different question of what is
what is the true functionality of a rav
in a kila and every ka has different
needs to some extent. Now there there is
a lot in common you know common
denominator between all those positions
but sometimes it needs to be almost like
a hand payload for a specific community
but I agree that this this consideration
is not there at all. Yes.
>> Sure. Agree.
>> I don't know. But the translation the
Hebrew is what does that mean? I don't
know. It's not but they call a lot of
it's
how much do you need in Okay. Okay. So
let's see the
so you were thinking oh those rabbis
right only rabbis rabbis rabbis and the
shamashem
also have the problem
I couldn't skip that I'm not going to
talk only about rabbis I'm going to talk
also about
became older
and he wants to appoint his son to be
his assistant like from time to time
even though the son's voice is not
exactly
as pleasant as his father
says if his son even though his voice is
not exactly like his
So I don't know if he's saying that
gently or he's like saying that
not gently. Okay. Um so if the son
really helps his father in other things
as well that cannot say a word.
Oh so I don't know yet what is but I can
tell you one thing. Rabbi speech is
20 minutes.
Musash it's three hours.
So I don't know what you think about
rabbis but when it comes to that can be
horrible. Okay you have a son whose
voice is terrible and you need to listen
to him because his father was the can
you imagine that.
Okay so says them again says the
following
and this um
this case applies when
They gave him a lifetime contract.
Says because he got a lifetime contract
in a lifetime I might get a cold. I
might what? Lose my voice for a shabas.
So obviously what I have the the kak to
appoint someone else. Who is the someone
else? Obviously the first one that comes
to mind is my son
says and even if he didn't get a a
lifetime contract that was the custom in
that place that what that the children
will be will take over after their
fathers
and there was a there was a general
principle in all the appointments
in gadul the high priest the first the
son takes over even though there are
other people what are and they are more
worthy Okay.
And then he says,
now this is interesting because this is
a piece of history that we need to know.
We asked the question uh for many weeks
when did it start? When did it start
that the children will take over after
their parents die after the father died
in terms when it comes to rabinicic
positions? He wanted to say that it
started from when hi.
Now we know h what time was h
zero. He came from Bav.
He learned by
he came. Do you know remember the story?
He came to Israel and the first question
that he was asked by wasabat.
What do you do with Bashabbat? How do
you bring the sacrifice? Even though
whenever you see this uh suggest what
was that was the first pes that fell on
Shabbat but you know there is a reason
for that not now but the idea is that
Hel came from Bavl he they appointed him
to be the president and since then
really all the dynasty comes from H. Now
ask yourself a question
which means why
dava why specifically it started then
okay open for speculations
you understand the question to repeat
the question the question is very simple
why that was the starting point that
rabinicic positions were given by yusha
since he
>> what was before if you are a rabbi your
son is not necessarily going to take
over
>> what
>> okay so one suggestion is mllo started
the dead generation
>> not exactly in that generation it
started even before okay for 300 years
they had this about that we did I think
we we did it downstairs right okay so
what else
beginning of
>> okay so
>> did what
>> um beginning of might started even
before
Yeah.
And what
>> anything to do with them being aim? So
they Okay. Maybe more more more
speculation. Think
we will not know exactly but just a
speculation.
>> Oh okay. So now we are looking out of
the box, right? We are not looking
internally.
Okay,
we have
what do we have? Houston, we have a
problem. That's the right.
>> We have a problem.
Zero
CE means that what? That in 70 years
from now, the second beta mikdash will
be destroyed. 70 CE the beta mikdash
second beta mdash is destroyed. Who
destroyed it? The Romans. Okay. So from
0 to 70 and this is a speculation. We
don't have a proof for that but it might
be you need to be in a very delicate
dance with the Romans. Okay. The
we call it the tension or the
relationship
needed to be stabilized.
Just imagine you create relationship
with the Roman Caesar and then this guy
dies and then someone else comes along.
You want to create what? Stability.
And this is very interesting because
again it's just a suggestion.
We know the says
they allow the
which is the entire dynasty of the nu to
what to have a special haircut that's
like the so they don't look so
apart from the that they you know
had conversations with and also to learn
uh Greek
why is that so when they speak to the
Romans
they look almost the same
and it's in order to create that line of
communication to the Romans so it might
be that is in order to what to stabilize
the connection between the Jews and the
Romans. So that's one possibility. Very
good. Second possibility.
Your guess will be as good as mine or
maybe a little bit different. But think
what else can be why would he that we
know that he was so humble, right? You
remember the story with the guys asking
him on Friday afternoon all those crazy
questions and he had so much uh savlan
and then uh you know with the girl in
Shabbat that he was the one to bring the
convert you know we know so many
beautiful things about why would he be
the one to say okay my son his son
what his son yeah and then I think it
was
raashim
Think about I'll give you a hint
on the roof. I was about to tell you
tradition tradition. Tradition which
means don't forget nothing is written
yet. Who is the first cle who is the
first person that always hear what his
father has to say is the son. Who can be
the one to maintain the murat? You can
have a wonderful student but the one who
observe the father the the per the the
theic authority all the time everywhere
is whom is the son it might be that in
order to cement the and the masur if you
wanted to say it's only the family
members it's the son so that also might
be that when they start developing
toashe
you keep it in the tradition itself okay
so that's the second suggestion do we
The third I feel like in an auction.
understanding.
>> This is also might be this is also might
be I will I will tell you that I think
that the idea of the torp and the
passing on the toe
not that it started there but in order
to try to cement it and to try to
establish some kind of one tradition was
so important that basically says okay
the kids will take over. Yes.
>> In terms of meritocracy how could
somebody like
ever has gone in because look look at
his back
>> that what we said last week three weeks
before I left to the to the states we
brought this money the sorry thei with
the same story when they removed
you remember the confrontation and they
saw they thought maybe but is the and
then they thought about and the bi just
says okay but rakaka has no lineage so
we will just skip over him and we don't
know what says thei says
He would he was said and he says
says he's not wiser than me. I'm
probably wiser than him but I don't have
but I can now create one. That's what
said and we will see in a minute we will
see the change. So yes
about this uh that there is a line of
tradition. So that's part of the second
uh here it might be internally and
externally might be I don't know exactly
how
um you might be right I mean who was the
schlumpion
yani
ordus it might be there around the same
time right do I got my time correct
might be yeah it might be okay so in
conclusion
Flip the page to page seven and then you
see something interesting.
Rabioan lived where?
Israel and he died around 278. So you're
talking about the 3rd century. He was he
was really he was old. He was 92 years
old when he passed away. And um so he
started already in the second century
but he he was a known amor around the
3rd century and it says there are three
crowns
meaning if you look at the way they
constructed the
the table and the and the
no the altar and the aon and At the
table there is a crown. There is a what
do you call
like a crown.
Who took the crown of the
he to bring sacrifices and therefore it
belongs to him and to his descendants.
the table
took over the is the
wealth
the where the Torah is.
It still sits there.
Anyone who would like to what to put
that crown on him is more than welcome.
Maybe you will say ah the is not that
important
[Music]
which means if you become
you become almost like what a king and
not only that
which means in a way you can give orders
so to speak to whom? To hashem
in a way can quote unquote whatever that
means order God to do things for them.
Okay.
I'm less interested in the meaning of
what he says. I am more interested in
what
in the content which is
now third century.
So first century second century you have
what? that the children are taking over
their parents. Right? In the third
century, Raban is changing it. What does
he say?
Does he say that in order to learn
Torah, your father needs to be a
He says it's sh it's just there and
everyone
everyone can pick it up and put it on
his head.
Which means
there is nothing to do with your father.
Everyone can do it. Now, what caused the
change?
More people learning Torah?
Questionable.
>> Okay. Do you like politics?
Everyone like politics, especially
rabbinic politics. That's the best,
right?
Rebi
died when
end of the second century that's it
Mishna is composed
not sure about written or not but
composed and then he died okay who takes
over
okay
after him who takes over
>> when you say it's not
that's his grandson.
What do you know about his grandson?
>> He's quoting the It's true. It's a very
diplomatic way to avoid the question.
Okay.
Rebi Rabishimon Ben Rebi who was a known
and he took over.
But after Rebi passed away there was
already a bit of a of tension.
Who was one of his most dedicated
student who did not take over even
though
it might be that he was really the one
who should? Someone very famous,
Rav.
Rav
Rav was a dedicated student of Rebi, but
Rebi did not give him a full and then he
found himself where
in Bavl. He left Israel and he went to
Bavl.
Then
you also had Barapara.
Bar Kapara who was a on the border
between Tana and Amora.
He also had some uh runings with
Rabudasi.
Rabudanasi was a very very strong
personality,
incredibly righteous,
wise,
incredible organizer, a diplomat,
but it comes with a comes with a
territory. Let's put it like that. He
was criticized many times that what that
he leads his okay that he leads his uh
his dynasty with too much of what
of of
let's call it like that with a
what would you call it? uh with too much
of um
of what
>> authority might be authority.
Uh we will say today in the language he
takes himself too seriously. Okay.
And then the grandson who was at the
time of
um was the grandson of Rabi
but uh was not highly regarded. Let's
put it like that. Not that he was not
totally, you know, he was disregarded,
but he was not highly regarded.
And I would imagine that
if we were correct in our analysis of
why it started with Hel.
So first and foremost, at the time of
Abioan already, the tradition is being
now already being formed. So I don't
need necessarily father son father son
that's a b they don't talk much to the
Romans okay in the time of the so you
don't need quote unquote what a
representative the Jews basically start
concentrating on what internally how to
build this Jewish community after there
is no almost okay is gone
is not exactly the image of his
grandfather and therefore you need to
But to increase the number of
more and more because maybe maybe if a
thousand come to a bet maybe two of them
will be what
worthy of that's by the way even in the
time of the
anyone here is an accountant a CPA
anyone is here and good in math even if
You are not that good in math. We are
talking about 2%.
Okay. We're not even talking about
it's 02%. Sorry. Yeah. 2%.
02% of people of students who come to
the midrash come out.
Okay. So the idea is what? The idea is
that in the third century in Israel says
and not only that he gives you a carrot.
It's even better than
because you are in a way I don't want to
say control God. This is not the world.
You can really even encourage God to do
what you want if you are a really okay.
So now really the conclusion of the
conclusion
for modern people this subject method
was like what what are you talking about
like the son taking takes over the
father but then when you start realizing
it says ah this community I know and
this community I know and this community
I know so it also applied even in our
times that's a b how do you overcome it
with contracts
and reelections
that's how you avoid
um the issue most of the times not yeah
not always the issue of
and the third is what we are missing in
today's world the way we look at it is
that there is need to be some kind of uh
symmetry between the rabbi and the kah
the needs of the kila the the the son
can be a tremendous but the ka change
he's not he's not the saying or the the
son changed or the rabbi changed and the
ka did not whatever it is sometimes you
need to have some kind of what of a buy
in from the ka to the rabbi because if
not
just uh speak to himself so
that part was not exactly emphasized in
this in this subject matter but it did
touched on some of the principles of the
matter of katusha
that a father can uh give us an
inheritance not only his uh his uh
material uh possessions but also what is
spiritual possession possession and then
position and then how does it affect the
community that was really almost not
discussed here which is definitely
missing
you are with me which means the question
was does the father has the right to
give it but no one asked is that good
for the community or
That was less of a of a consideration.
Yes.
>> People who were in charge of choosing
to such a degree that he will also
become the way it was
and
his father
who could recognize.
>> Right. So now maybe I have another
question.
Do the children of the search committee
has a yusha to sit on the second search
committee? But for that next year