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    DO I HAVE TO LISTEN TO A RABBI?

    When you ask a rabbi
    a question, you are
    committing yourself to
    following his answer.
    But what if you didn’t
    ask? Do you still have
    to follow his ruling? Put
    in a different way, and a
    bit more broadly, should a rabbinic authority
    insist that his ruling be followed? Of course,
    we live in a free society and technically no
    one is required to follow anything but the
    law of the land. But from the perspective
    of religious propriety, should a rabbi advise
    someone to follow the rabbi’s halachic ruling
    or can he leave the person, or even advise
    him, to follow any legitimate halachic view?
    I. Can I Be Stricter?
    Three apparently contradictory Talmudic
    passages come to mind, although there are
    probably many more that are relevant.
    1) There is a debate whether you are
    allowed to carry an extinguished candle
    on Shabbos. When R. Abahu was in the
    community of R. Yehoshua Ben Levi, who
    permitted, R. Abahu carried such a candle.
    When he was in the community of R.
    Yochanan, who forbade it, he did not carry
    an extinguished candle (Shabbos 46a). The

    Gemara asks that if R. Abahu personally
    held that it was permissible, why would
    he refrain from carrying it? And if he held
    that it was forbidden, how could he commit
    what in his view constitutes a transgression?
    The Gemara answers that R. Abahu held
    that it is permissible but out of respect for
    R. Yochanan, he acted strictly while in his
    community.
    From this passage, we see that you should
    act strictly like the local authority out of
    respect. However, if he is lenient, you cannot
    disregard your own strict view.
    2) There is a debate whether cooked liver
    is permitted. Rav Bar Sheva went to Rav
    Nachman’s house and they were served
    cooked liver. Rav Bar Sheva refrained from
    eating it and seemed to hide the fact but
    someone noticed and told Rav Nachman that
    Rav Bar Sheva was not eating the cooked
    liver. Rav Nachman told them to force feed
    it to him (Chullin 111a).
    In contrast to the prior case, in which
    someone who is strict cannot be expected to
    act leniently out of respect, Rav Nachman
    demanded that Rav Bar Sheva eat the food.
    This is despite the fact that there was an
    existing debate on the subject and Rav Bar
    Sheva followed a legitimate strict view.

    II. You Must Be Stricter
    3) R. Mari Bar Rachel had pillows sitting
    outside on Shabbos and he wanted to move
    them so they would not sustain damage
    from the sun. He asked Rava whether he
    is allowed to move the pillows (Shabbos
    124b). Rava said he is allowed and R. Mari
    objected that he has other pillows so he
    does not need these. Rava said that he might
    receive guests and need additional pillows
    but R. Mari responded that he has more than
    enough for guests. Rava realized that R.
    Mari follows a strict opinion that does not
    allow moving even permitted objects, unless
    they are needed for use or their place is
    needed. Therefore, Rava said that everyone
    else is allowed to move the pillows but not
    R. Mari Bar Rachel.[1]
    In this passage, R. Mari Bar Rachel followed
    a legitimate strict view and Rava told him
    he had to continue following it. Rava had
    R. Mari act like the first Gemara assumes
    R. Yochanan would act, not abandoning his
    strict view just because the local authority
    rules leniently. This is in stark contrast to
    Rav Nachman, who did not allow Rav Bar
    Sheva to follow his legitimate strict view.
    Why the difference? We could attribute
    this to differing personalities but that is
    not particularly compelling nor does it
    engage the analytical possibilities.
    Rav Ya’akov Emden (18th cen.,
    Germany) addresses these contradictions
    in a gloss to Shabbos (124b, s.v. le-kuli
    alma) that was published from manuscript
    in the Moznaim/Vagshal Talmud (it does
    not appear in other editions). Rav Emden
    distinguishes between a student and other
    people. Anyone in general who follows
    a specific view may not act leniently
    against that view, even out of respect
    for the local rabbi (unless there is some
    technical reason to allow leniency).
    However, a student is bound to follow
    his teacher’s views and therefore may not
    act strictly, particularly in the teacher’s
    presence. Rav Nachman was justifiably
    upset when his student, Rav Bar Sheva,
    acted strictly against his teacher’s
    leniency in that teacher’s home. That

    is not only improper halachic decision-
    making but also highly disrespectful.

    The other two cases above reflect how
    someone should act regarding a rabbi
    who is not your teacher. You should not
    abandon your views, or the strict views
    you were taught, merely because you are
    in the community of someone who rules
    leniently.
    III. Eruvin and Students
    While not quoting the above sources,
    Rav Hershel Schachter (cont., US) says
    something similar regarding a new rabbi

    in a community (Be-Ikvei Ha-Tzon, ch. 12).
    If a rabbi is appointed to lead a community
    that has an eruv built by a previous rabbi
    based on a lenient view with which the new
    rabbi disagrees (or his teachers disagree),
    the new rabbi does not have to change
    the eruv immediately. The community
    members are following a legitimate lenient
    view. However, after the rabbi serves
    the community for some time and offers
    guidance that people follow, the community
    members become his students and must
    follow his strict views. The rabbi must fix
    the eruv or people must stop using it. And
    after even more time, the eruv will come
    to be known as this new rabbi’s eruv so he
    definitely has to fix it.
    If I remember correctly, and it’s been many
    years since this happened so I may have some
    details wrong, in the 1980’s a rumor spread
    in Teaneck that Rav Schachter believed the
    (north) Teaneck eruv was invalid. From
    what I understand, Rav Schachter issued
    a letter clarifying his view that he follows
    a strict ruling (of the Avnei Nezer, Orach
    Chaim 290) that the walls of an eruv cannot
    cross over private property. Since that eruv
    did so, Rav Schachter’s students should not
    carry in the eruv until it is fixed (which it
    was). He added that anyone who is not his
    student is not bound by his strict ruling,
    and indeed many authorities are lenient on
    that issue. I believe that despite my hazy
    memory of the events, this follows Rav
    Schachter’s reasoning in his article above
    and Rav Ya’akov Emden’s explanation of
    the different Talmudic passages above.