98 Selected Reform Responsa
counseling, one could well argue(in a suit) that he has made a professional error, as a doctor who gives the wrong medicine has made a professional error.
This personal guidance has never been an essential part of the rabbi’s task. He was, as mentioned above, the judge, but primarily he was the teacher. People would, of course, come to him for advice, as they would to any other person whom they respected as intelligent. But giving the advice was not an essential or required part of his profession. He is a teacher, not a pastor, a shepherd of the flock.
Of course in recent years counseling as a practice has devel oped among our rabbis. This is understandable. Partly it is due to the influence of the Christian environment and partially because in these confused and troubled times people increas ingly come to the rabbi for advice. But unlike the Christian minister, the rabbi is not required by his profession to give advice in every situation. He may, if it seems proper to him, refuse to interfere. For it must be understood that to the extent that rabbis fol low the practice of Christian clergy and give psychiatric advice, they do run the risk of such malpractice suits.
This at least we can say in defense of the rabbi in such a suit We share the Christian defense of the separation of church and state, but we also have the additional defense that such counsel ing is not a required part of the rabbinical profession and there fore, such mistakes cannot be ascribed to professional failure. I is not malpractice on our part, because counseling is not the required practice of the rabbinical profession. It is simply advict given by one person to another.
What we can learn from the threat of such suits for whic! this clerical insurance company is now selling insurance, is tha! we should be careful in our counseling not to infringe upon th¢ work of a psychiatrist. We must always remember and always 0 remember that while we do practice counseling when necessary this counseling is not an essential part of the traditional functio of the rabbinate, and that we will not be neglectful of our rab binical duty if in certain cases we say“This situation is not one which I can be of help.”