A Crooked Chazzan
A congregation should always ensure that the individual chosen to serve as chazzan is a Torah scholar, engages in good deeds, and possesses a number of other desirable attributes. For example, it is ideal that the chazzan be over thirty years old and married with children. With such a profile, it is likely that the chazzan will be a more mature, responsible, and pious individual. In fact, some say that the three letters of the word chazzan stand for the words “chacham, zaken, nasui,” wise, aged, and married. Of course, a pleasant voice is essential for the job, let alone for making it through the interview process.[1] A bearded chazzan is also considered advantageous.[2]
Nevertheless, it does happen on occasion that the one appointed to lead services is an individual of dubious character. Perhaps it is an individual who has been cited for financial dishonesty, for not properly observing Shabbat, or for poor interpersonal dealings that may have rendered the individual disliked in the eyes of many. As such, there is some discussion as to whether services that are led by such an individual are considered to be valid.
Rav Chaim Palagi discusses the case of a scribe who had been caught forging documents.[3] As a result, the local Beit Din removed his credentials as a scribe, barring him from continuing in that line of work. The scribe, however, regularly served as the chazzan, leading the services in his synagogue. Here too, Rav Palagi rules that the scribe was to be removed from his post, and quotes a number of sources that support this position. He also notes that the Shulchan Aruch itself rules that the individual who leads services must be "a fitting person…free of transgression…one who does not have a bad reputation…humble and desirable to the congregation."[4]
Nevertheless, it is often hard to ban unscrupulous individuals from leading services. This is especially true when a commitment was made with a particular individual to lead services, and only later is it discovered that he is of questionable character.
The issue often arises when a member of the congregation is in mourning and wishes to lead the weekday services, as is customary. It might also occur when an individual of questionable character has yartzeit and asks to lead the services that day. In both cases, it is said that leading the services is beneficial to the soul of the deceased for whom one is mourning or observing yartzeit.[5] It is very difficult for a congregation to deny this customary honor to one who requests it, unless the individual is unanimously considered to be wicked. Indeed, it is noted that it is very difficult to do a thorough background check on everyone who requests to lead services. As such, congregations are generally not particular to do so, at least not for routine weekday services. It is also suggested that perhaps a congregation can assume that one who requests to lead services has already determined that he is qualified to do so.[6]
Although there is much discussion on this issue, the conclusion of halachic authorities is that services led by a person of questionable character are ultimately valid even though such a person is not the ideal shaliach tzibbur. Nevertheless, a congregation will often be entitled to renege on any previously agreed-upon commitments, and ban such an individual from leading services if developments or accusations against such an individual warrant doing so. In times gone by, it was possible for the objection of a single individual to block the appointment of a chazzan. Today, however, such decisions must be made by the majority.[7] A congregation that bans an individual from leading services should revisit the issue once it is known that the individual has repented for the misdeeds he is associated with.[8]
[2] Ta’anit 16a; Rambam, Hilchot Tefilla 8:11, Hilchot Taanit 4:4; OC 53:4,6; Rema, OC 581:1; Be’er Heitiv 581:7; Kitzur Shulchan Aruch 128:7. See also Shevet Halevi 5:19.
[3] Lev Chaim 2:12.
[5] Rema, YD 376:4; Mishna Berura 53:59.
[6] Rivevot Ephraim 2:34.
[7] OC 53:19; but see Magen Avraham 53:20; Shulchan Aruch Harav, OC 53:23.
[8] Torah Chaim V'chesed 11.