28 Heshvan 5779 Chanoch Ne’eman Jerusalem
When Rav Kook started the Chief Rabbinate during the Mandate Days, he of course had high hopes for it. And it has done great things, and does great things, and will do great things. But I doubt he would have imagined that someday the institution would be besmirched by a Chief Rabbi going to jail for bribery. How could it happen?
The Rabbi who managed to do this is indeed one of the most smiley people you will ever meet. Which, as Dale Carnegie might tell you, is a good way to win friends and influence people. It is also a good midda, as our Sages said, “Greet everyone with a cheerful face” (Pirke Avot). When he sat in court he was smiling too, and when he arrived in jail he was smiling too! So we can’t say we have nothing to learn from him – indeed – to smile through life, even in tough times, is a good midda.
But still we must ask, how did a bribe-taker become Chief Rabbi?
The answer alas is, I fear: by taking a bribe.
What do I mean?
A Great Rabbi, who many other Rabbis looked to for leadership, backed the Smiling Rabbis’s candidacy, which meant that many Rabbis on the electoral committee would support him, the Smiling Rabbi. This was despite the fact that there were other candidates of arguably higher caliber. The implication of this support, it seems, was an expectation that this Chief Smiler would advance halachic positions which the Great Rabbi favored. This, in essence, is a sort of bribe, is it not? A quid pro quo?
I am sure the Great Rabbi didn’t see it as that, and that he did not suspect the Smiling Rabbi of being a bribe taker, alas the truly righteous often fail to see the flaws of others, as our Father Yitzchak was ready to bless Esav.
All Rabbis and public servants have to be independent in their judgement. They must make their own decisions, regardless of who supported them. Trading influence for support is taking a bribe.
Interesting to compare this sad episode with the opposition of many Rabbis, in the year 5734, to the appointment of Rabbi Shlomo Goren, of blessed memory, to be Chief Rabbi. It was precisely because Rabbi Goren was so independent that they opposed him. The Rabbi who captured the Old City and Hebron with his shofar and sefer Torah was not someone to let others dictate his decisions! Indeed, it has often been said that the sign of a good Rabbi is that the kehilla wants to run him out of town!
The Hatam Sofer explains at length in Shut Hatam Sofer (Hoshen Mishpat, Chapter 21), that the Rishonim banned one who takes authority over a community without the agreement of the community. And therefore, appointing Rabbis without asking the community has no effect, and such a Rav does not have the din of Mora D’atra, Rav of that Place.
So exactly what the lessons are from the Smiling Bribe-Taking Rabbi are, I am still trying to figure out. Welcome your thoughts.