The Chazzan - Part 3
A Mourner
One who is in mourning for his closest relatives should not serve as a chazzan on Shabbat or Yom Tov, particularly during the shiva period.[1] Even one who is within a year of a parent’s passing or within thirty days of the passing of other close relatives should not serve as a chazzan for the High Holidays.[2] This is because a mourner is one who has recently been the victim of misfortune and unfavorable decrees and therefore may not be successful in arousing Divine mercy for the congregation.[3] Of course, should there be no alternative, a mourner may lead the services.[4] Additionally, one who is contracted to serve as a chazzan or is otherwise committed to a congregation would be permitted to honor the agreement and lead the services even if he is in mourning.[5]
Payment for Services
There is much discussion as to the proper arrangements necessary in order to permit a chazzan to be paid for services rendered on Shabbat and holidays. Indeed, it is seemingly not in the spirit of the sanctity of the day, and maybe even unbecoming to take money for leading services on such days. Interestingly, many authorities take no issue with a chazzan, or anyone else for that matter, receiving payment for Shabbat “work” when it is related to a mitzva, or performed on behalf of a community.[6] A better alternative is to arrange a chazzan’s contract in such a way that it encompasses the entire gamut of chazzan-related duties, and not merely the Shabbat component of his work. With such an arrangement, the chazzan is not being paid for Shabbat work specifically, but rather to fulfill the role of a chazzan in all that it entails throughout the entire week.[7] It can also be suggested that a chazzan's salary does not go towards the work he performs on Shabbat, but rather specifically for the time and effort he puts in during the week to prepare his cantorial pieces and the like.[8]
A chazzan cannot be fired unless there are witnesses who testify to some sort of inappropriate behavior that warrants his dismissal.[9] It is better to have a permanent, hired chazzan on salary rather than a volunteer.[10]
Where There is no Official Chazzan
In a place where there is no official chazzan and one is asked to lead the prayers, one should hesitate somewhat before accepting to do so. If, however, the person making the request is a distinguished individual, such as the rabbi, one should ascend immediately.[11] In the event that no one is taking the initiative to lead the prayers, which is causing unnecessary delays, one should ascend on one's own without even being asked.[12] There is no problem for an Ashkenazi to serve as the chazzan in a Sefardic congregation or vice-versa.[13] The chazzan must always follow the nusach of the congregation even if it is different from his own. This is especially true for those portions of the service which are recited out loud.[14]
Conclusion
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.[15] The office of the chazzan is one of great importance and should not be taken lightly. Nevertheless, if a congregation can only afford to hire a rabbi or a chazzan, a rabbi takes precedence.[16] The one who is chosen to lead our prayers may just make the difference as to whether or not they are accepted.[17]
[1] Kitzur Shulchan Aruch 128:8.
[2] Magen Avraham 581:4.
[3] Pri Megadim, cited in Rabbi Chaim Binyamin Goldberg, Mourning in Halacha (Jerusalem: Mesorah, 1991), p. 318.
[4] Magen Avraham 581:4.
[5] Aruch Hashulchan, OC 581:4.
[6] Rema, OC 306:6; Mishna Berura 306:33; Yabia Omer 5:25; Yechaveh Daat 1:53; Menuchat Ahava 1:10:27.
[7] OC 306:4, Mishna Berura 306:24.
[8] Aruch Hashulchan, OC 306:12.
[9] OC 53:25; Rema, OC 53:25.
[10] Shu"t Harashba 450; OC 53:22.
[11] OC 53:16.
[12] Piskei Teshuvot 53:17. See also Sefer Chassidim 105.
[13] Mishna Berura 68:4; Teshuvot V'hanhagot 2:77.
[14] Sefer Chassidim 114; Piskei Teshuvot 68, footnote 29. Regarding whether a chazzan should recite the silent shemoneh esrei of his own nusach or the nusach of the congregation, see: Igrot Moshe, 2:29, 4:33; Minchat Yitzchak 6:31:3; Halichot Shlomo p.68; Avnei Yashfei 1:14:8. All would seem to agree, however, that at maariv where there is no repetition of the shemoneh esrei the chazzan should recite the shemoneh esrei of his own nusach.
[15] OC 53:19, but see Magen Avraham 53:20; Shulchan Aruch Harav, OC 53:23
[16] OC 53:24.
[17] Mishna Berura 53:12; Piskei Teshuvot 53, footnote 34.