FISHER V. CONGREGATION B'NAI YITZHOK
110 A.2d 881 (Pa. Super. 1955)
NATURE OF THE CASE: Congregation (D) appealed a judgment in favor of Fisher (P), in a breach of contract action for P's refusal to officiate services because D violated orthodox practice of gender separation during services.
FACTS: P is an ordained rabbi of the orthodox Hebrew faith. D is an incorporated Hebrew congregation with a synagogue in Philadelphia. In response to D's advertisement in a Yiddish newspaper, P appeared in Philadelphia for an audition before a committee representing the congregation. A written contract was entered into where P agreed to officiate as cantor at the synagogue of D 'for the High Holiday Season of 1950', at six specified services during the month of September 1950. D agreed to pay P the sum of $1,200. D was incorporated under the orthodox Jewish religion. D conducted its religious services in accordance with the practices of the orthodox Hebrew faith. Under the law of the Torah and other binding authority of the Jewish law, men and women may not sit together at services in the synagogue. The women sit apart from the men in a gallery, or they are separated from the men by means of a partition between the two groups. The contract is entirely silent as to the character of D as an orthodox Hebrew congregation and the practices observed by it as to the seating at the services in the synagogue. On the eve of moving into a new synagogue, the practice of separate seating was modified. When P was informed he notified D that he, a rabbi of the orthodox faith, would be unable to officiate as cantor because 'this would be a violation of his beliefs.' D refused to change its stance and P refused to officiate. P got one job for $100 and then sued for the balance of the contract price. P got the verdict and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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