772. When a Rav Refuses to Rule
A rav’s obligation to deliver a psak (halachic decision) is sourced in the pasuk in Parashas Shemini, “Lehoros es B’nei Yisroel” (to instruct the people of Israel). Inherent in this instruction is the requirement (according to some opinions, it is a mitzvah min HaTorah—a Biblical commandment) to answer halachic sha’alos (inquiries) in addition to the general obligation of teaching Torah.
To what extent is a rav obligated to pasken sha’alos? What if the rav has qualms about offering direction regarding certain difficult subjects? What if his community—or a particular segment of it—is not interested in hearing his answer to these controversial issues or doesn't want him answering certain people or groups? What if they feel that it is outside the rav’s domain to become involved in these matters?
The Gemara says that the pasuk in Mishlei, “ve’atzumim kol harugeha” (many and mighty are her slain) speaks about a reticent rav—one who remains silent when having the ability to pasken can be compared to a level of shfichas damim (spilling blood). The Gemara elsewhere makes mention of the pasuk in Mishlei, “Otem azno mi’tzaakas dal” (he who closes his ear to the cries of the poor). The Rambam admonishes a rav who refrains from paskening as someone who places obstacles before his community—an implied reference to a person who is in position to fulfill the mitzvah of hocheiach tochiach (delivering rebuke) but fails to do so. (Though the term “obstacles” may conjure the issue of lifnei iver—putting a stumbling block before the blind—in this case it's fair to assume that the Rambam alludes to rebuke.) After all, if the rav doesn't pasken they might approach a non-expert whose ruling will not be in accordance with halachah.
In addition, a rav of a community has an obligation of a macha’ah (public protest) against widespread iniquity, especially in cases involving chilul Hashem (desecration of G-d’s name). Even if he feels that his words will not be followed, at times he has a duty to attempt l’afrusha me’issura (to separate [the community] from transgression) by stating the correct halachah.
Poskim discuss the case of a rav who promised to avoid paskening on certain matters or to certain segments of the community— his neder (vow) is null and void in many situations, since a vow cannot be made against the performance of a mitzvah.