A Dishonest Chazzan
Question
We have reason to believe that the Chazzan in our shul is dishonest. Can we have him removed?
Answer
Shalom!
Thank you for your question.
Indeed, the individual chosen to serve as chazzan is a Torah scholar, engages in good deeds, and ideally be over thirty years old and married with children. With such a profile, it is likely that the chazzan will be a 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 and a bearded chazzan is also considered advantageous.
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. 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. As a result, the local beit din barred him from continuing his work. The scribe, however, regularly served as the chazzan , leading the services in his synagogue. Rav Palagi had removed from that post, as well. Indeed, 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.”
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 .
Le'halocho, the only way one may remove a chazzan from his post is only if he is a fixed chazzan and witnesses have given evidence to Beis Din that he is a thief or any other type of transgression.
Source
Taanit 16a; Rambam, Hilchot Tefilla 8:11, Hilchot Ta’anit 4:4; OC 53:4, 6; Rema, OC 581:1; Be’er Heitev 581:7; Kitzur Shulchan Aruch 128:7; OC 53:4,19.
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