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In the Asmonean newspaper of
January 11th, there is an article headed, “A Voice
from the South—Elevate the Jewish Minister.” The
writer professes to be a Southern Jew, a
sexagenarian, and as anxious to elevate the Jewish
character through the press; and hopes to see,
before he dies, the American Israelites having
daily, monthly, and yearly journals, on the subjects
appertaining to their religion, antiquities,
literature, men of genius, &c. We assent to this
wish, and hope to keep alive one monthly at least,
The Occident, to do service in the
<<568>>premises;
and whilst on the subject, we may as well say here,
that we hope to carry it on, at least through
another year, and this the eighth of its existence,
if we be spared. But we have not the space this
month, to discuss all the points which this writer
touches upon; we will merely take a single remark
and leave our readers to ponder on it. The Southern
Jew says:
“It requires wisdom to make the
American Synagogue as superior to all others, as are
the glorious advantages of the American laws to the
Jew immensely in advance of all others. Is there
then anything in the constitution of our people,
strengthened by the splendour of antiquity, to make
the love of their faith and their Synagogue less
than the love of the numerous sectaries around us to
their churches and meeting-houses? Now there is not
one among those that do not pay more respect to
their clergy, than we find in the case among the
Jewish laity everywhere. The Christian clergyman is
better fed, better clothed, and better lodged, and
made independent in the management of his
flock—without waiting for orders—in every particular
he is superior. No absurd mandate from secular
ignorance or authority has he to obey; he is left to
the dictates of his conscience in the exercise of his duties.”
There is more yet in the
paragraph from which we quote; but as many of our
readers take our New York contemporary, we refer
them to its columns for other particulars. We assent
to most of what the writer says; at least, in so
far, that the Christian clergy in the larger cities
of the country have a position in society far above
that of the Jewish Hazanim, or officiating
ministers, as they are called in France, in
contradistinction to Rabbis and preachers. The cause
of the evil lies on the surface; it is that their
duties and relative rights are not understood,
either by themselves or their flocks; they are
dependent upon the authority of the Presidents and
Trustees, without either knowing the limits of their
respective lines of duty. The effects are, then, 1.
Want of legislation; 2. Inadequacy of support; and
3. Uncertainty in the tenure of office, which will
prevent the ministers from devoting their whole mind
to the business of their office, as this is done
among the Christians.
Now we hold it as self-evident,
that if the Jewish ministers be placed on a certain
and firm basis, they would become every way equal to
those of other denominations,—self-respected, and
esteemed by others. We may be allowed to have some
experience in public business, and to have some
common-sense views on the subject; and we say,
without fear of contradiction, that a uniformity of
legislation in all the various Jewish communities
throughout the land, equalizing and
<<569>>protecting their ministers, would work such a
beneficial change, that no one would hardly be able
to realize it. With this view, we beg leave to
present to the consideration of all American
congregations the following outline of a law, which
could be readily modified to suit the different
views and positions of the various bodies of
Israelites throughout the land; at least, we trust
that it will be read with due care, notwithstanding
its being, perhaps, longer than some persons might
think requisite. We omit all comments at present.—Ed.
Oc.
Sketch of a Law Respecting the
Hazan.
Sect. 1. The Hazan to be
elected under Article — Section — of the
Constitution, shall be chosen under the following
regulations:
(a.) When first elected
it shall not be lawful to elect him for a period
exceeding two years, unless by the assent of
two-thirds of all the members of the congregation,
in order to afford ample opportunity to test by
actual experience his qualification for the office.
(b.) Should he be
reelected at or before the expiration of the said
term of two years, he shall be chosen for an
indefinite time, or during good behaviour.
(c.) In order, however,
to guard the congregation against malpractice on the
part of the Hazan, or incapacity arising from loss
of physical or mental powers, it shall be lawful at
all times to suspend or remove him by a vote of
two-thirds of the members present at a meeting to be
convened upon the requisition of at least five
members, addressed to the Parnass in the usual
manner, for the sole purpose of bringing charges of
the above nature; but it shall be requisite to
summon the Hazan to attend at the meeting, and he
shall have the privilege of being heard by himself
or counsel, in defence against any charges preferred
against him for malfeasance in office or loss of
capacity as aforesaid. When sentence has been
decided on, the judgment shall be pronounced by the
president in open meeting, upon which the Hazan is
either to be suspended for a time or altogether
removed, on the decision of the congregation; and
no appeal shall lie, except to a future general
meeting of the congregation, who alone shall be
empowered to remove the sentence, either confirming,
amending, or reversing the same.
(d.) The Hazan having
accepted the office shall not be at liberty to
resign without giving six months’ notice of his
intention, so as to enable the congregation to
engage a substitute in due time.
Sect. 2. The duties of
the Hazan shall be as follows:
(a.) He is to read the
prayers in the form and manner of the Portuguese
[“or German”] Jews, as also the Sepher, Haphtorah,
(when no one else is to read the same,) the
Magillah, and all other prayers and lessons as
pointed out in the form of prayers and directions of
the Portuguese Jews, [“or of the German Jews,” as
the case may be.]
(b.) He is to attend at
Synagogue whenever it is open or prayers,
<<570>>especially on Sabbath and holy-day eve,
Morning, Mincha, and conclusion service.
(c.) He is to attend all
funerals taking place in the burying-ground, except
for those persons who are excluded from the right of
sepulture or full honours by the laws of the
congregation. He is to receive no fee whatever for
any such attendance. The prayers, &c., on the
occasion of a burial are also to be according to
the Form of Prayers, and nothing else, unless it be
a funeral address by the consent of the Parnass, or,
in his absence, of a majority of the Adjunta. This
attendance on the burial of a person entitled to it
shall be limited, however, to a presence on the
ground; but he shall not be obliged to go to the
house of the deceased, unless a vehicle be
furnished him by the family or others. He is also to
attend at the house of mourning the first service
after the burial, and in the evenings of the seven
days, provided the family furnish him a conveyance
if the house be more than half a mile from his
residence. It shall be left to his own option to
attend in the morning, unless it be the last of the
שבעה. When several
cases of mourning occur at once, he is to attend in
rotation, unless, provided always, there be regular
service at the Synagogue, when he is to attend there
exclusively.
(d.) He is to perform
all marriage services occurring in the
congregation, upon the written authority of the
Parnass previously obtained, or, in his absence,
that of a majority of the Adjunta present in the
city. His fee for writing the
כתובה and
performing the marriage service shall be — dollars.
(e.) The Hazan shall
attend all circumcisions, where the mother is a
Jewess, upon being required by the parents.
(f.) He shall be
empowered at all times to exhort the congregation
and to address them on the subject of religion; but
he shall, if required, exhibit a copy of his
address, if it be a written one, to the President,
Adjunta, or congregation, as the case may be, if it
be asserted that he has said anything deserving of
censure.
(g.) He shall not absent
himself from the city for more than twenty-four
hours without the consent of the Parnass or Adjunta.
(h.) He shall call up to
the Sepher and the performance of the Mitzvoth only
those persons designated by the Segan; for a refusal
he shall be subject to a trial by the board; but he
may give in evidence the unworthiness of the
religious character of the person designated, which,
if sufficient, shall exonerate him from all farther
blame. In case the board do not think the excuse
valid, they shall report the case to the
congregation, who shall take such order as they may
think proper, by imposing a fine in money or
suspending the Hazan for a period of not more than
four weeks, or dismiss the charge.
(i.) In all cases of
suspension, the salary is to cease for the whole
period for which sentence has been pronounced.
(k.) In case of sickness
of the Hazan, the salary is to be continued as
usual. But should the sickness be of longer duration
than six months, incapacitating the Hazan for his
attendance on duty, it shall then be lawful for the
congregation to declare the office vacant, and
proceed to a new election of either a substitute for
a limited period or of a perma<<571>>nent successor.
The congregation reserve to themselves the subject
of pensioning a disabled Hazan, according to the
circumstances of the case.
(l.) Any pension granted
to a Hazan whilst living, or to his family after his
death, may be forfeited for improper conduct, upon
trial, as above, for malpractice in office.
(m.) The Hazan shall
keep a true and faithful record of all births,
marriages, and deaths taking place in the
congregation, of which he is officially informed, in
separate books, to be provided by the congregation,
giving at the same time, as near as may be, the age
of the parties married or deceased, with other
statistical notices. For any such entry he shall be
entitled to a fee of fifty cents, and the same for
every certified copy. It is, however, provided that
the Board may appoint some other person to keep the
records, if they deem it proper.
(n.) The Hazan shall
have every year at least — weeks leave of absence,
at such time or times as the Parnass, or, in his
absence, the majority of the Adjunta, may direct.
Sect. 3. The salary
voted to the Hazan shall not be diminished during
his term of office without his consent. The salary
shall be payable quarterly or monthly, at the option
of the incumbent.
Sect. 4. He shall have
the privilege of addressing by letter the Board or
congregation, proposing for their action any measure
which he may deem requisite.
Sect. 5. Every candidate
for the office of Hazan shall furnish satisfactory
testimonials from a competent ecclesiastical
authority as to capacity, or be subjected to a
strict examination by a committee of the
congregation, either a standing one, or especially
appointed, and be heard likewise for two successive
Sabbaths in the Synagogue, in open public worship.
Sect. 6. The Hazan shall
alone have the power, with the consent of the
Parnass or Adjunta, as the case may be, to allow
another person to read the prayers, the law, and
Haphtorah, or to preach in the Synagogue; and no
one not sanctioned by him shall be admitted so to
read prayers, or preach, he being elected as the
delegate of the congregation, to perform for and in
their name the services and offices of the
Synagogue.
Sect. 7. Neither the
Shamas, nor Shochet, nor any other officer or member
of the congregation, shall perform the marriage
ceremony, unless the Hazan have previously
relinquished his right. Any infraction of this rule
shall subject the offender to an impeachment. It is
likewise provided herewith that the Hazan is to
perform the marriage ceremony gratis, in case the
parties be poor and unable to pay the regular fee.
Sect. 8. The Hazan, at
his election, shall subscribe a declaration, after
having been furnished with a copy of this (or any
other law affecting his office), that he will
faithfully abide by the same, or any future law
which the congregation may enact in regard to the
office.
Sect. 9. The
congregation may at any time alter and repeal this
law, or any part thereof, with the exception of that
part relating to the tenure and salary of office
during the continuance in office of any one elected
to serve as Hazan.
Sect. 10. The Hazan
shall at no time be called upon to read any
publication or notice whatsoever, except that
relating to the time of commencing worship.
Sect. 11. Any by-law, or
part of a by-law, inconsistent with this law, shall
be and is herewith repealed. |
