THE PROFESSIONALIZATION OF THE RABBINATE

The Tosafot wrote that even though it is said in Nedarim that remuneration for study is forbidden, this case is different, for these [scholars] sit[and teach] all day and they do not have time to engage in any secular occupation. Since they have no other way to support themselves they take[remuneration] from the public. The words[of the Tosafot] teach us that salaries are not forbidden to those who teach except when they have other places from whence they might support themselves."

In the above commentary, Karo restated the time honored halakhic tradition that the prohibition against rabbinic salaries was only valid when the rabbi was not full-time and could support himself in some other manner. In his conclusion to Rambam 's Mishnah Avot commentary and Hilkhot Talmud Torah 3.10, Karo outlined the established guiding halakhic principles for the justification of the professional rabbinate:

"The general rule of the above is that any[scholar] who does not have enough for his support is permitted to take a salary from the public[funds] in order to decide cases or[receive remuneration] from the litigants....It is possible to say that the intention of our Rabbi [Rambam ] here was that no man should cast off the yoke of a[secular] occupation and support himself from his fellow creatures just so he may study. But that one should learn a craft that will support him, and if he has enough, fine, but if he does not have enough, then he can receive support from the public. And this is basically what he[Rambam ] wrote. He brought some Mishnaic passages which teach about the propriety of learning a craft. And even so, this is only the opinion of our Rabbi [Rambam ] as it appears in his commentary to the Mishnah. In any event, we hold that when the halakhah is rofefet beyadekha(i.e., when the halakhah is unclear),®® then follow after the popular custom (minhag). And we see all the sages of Israel before the time of our Rabbi [Rambam ] and after him practiced the minhag of taking their salaries from the public. And also, even if one maintains that the

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