Does the concept of Hasagas Gevul apply to a Kolel or Torah Shiurim? May one open a second Kolel or Mosad of Torah Shiurim in the same city as a current one?[1]
There are restrictions against opening a new Shul if this will infringe on the membership of another Shul in the vicinity, and the salary of its leaders.[2] Accordingly, there may be restrictions against opening a new Kolel if this will infringe on the enrollment of another Kolel in the vicinity, and the salary of its staff or students.[3]
The Rebbe on opening a new Kolel which infringes a currently established learning Mosad:[4]
Free translation: It is obvious that a Kolel and more Torah classes, is a very proper endeavor. However, it is also obvious that:
- It has to be with agreement of the management of the current Chabad Mosdos that already exist in the area.
- It may not come at the expense, God forbid, of the destruction of an already established Torah institution within Chabad.
- There must be an established governing body which will oversee all the above, and have one person appointed to push the matter.
- All this is to be done with the agreement of at least the majority of the leaders of the community.
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[1] For the general rules of Hasagas Gevul, see: See the two opinions of Rav Huna and Rav Huna Brei Derav Yehoshua in Bava Basra 21b; Sanhedrin 81a “The intent of the verse which states that he did not defile his friends wife is to say that he did not infringe on another’s business.”; Makos 24a “The meaning of the verse that he did not do evil to his friend is that he did not infringe on another’s business.”; Rambam Hilchos Shechienim 6:8 [rules like Rav Huna son of Yehoshua, and so rules Rabbeinu Chananel and Tosafus]; Admur Hilchos Hefker and Hasagas Gevul 10-13; Michaber and Rama C.M. 156:5-7; Beis Yosef C.M. 156; Darkei Moshe 156:3; Shut Harama 10; Pischeiy Teshuvah 156:3; Chasam Sofer 5:79; Igros Moshe C.M. 1:38
[2] Igros Moshe C.M. 1:38; 2:40
[3] See Admur ibid Halacha 12 regarding if a Milameid may take the job of another Milameid; However, regarding opening a Talmud Torah, Yeshiva or Kolel, see Chazon Ish Emuna Ubitachon 3:1 that one may open a new Talmud Torah even if it causes the other Talmud Torah to close down. However, he may not try to cajole students from one Yeshiva to come to his Yeshiva. [Darkei Mishpat p. 167]
[4] Igros Kodesh 33 p. 375
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