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Rules for Expelling Students

What is the Halacha regarding the expulsion of a student deemed a “nuisance student”?

Are there Halachic Sources regarding the expulsions of a “nuisance student”? Or Halchic sources of not expelling a “nuisance students”? (Is this issue ever addressed as a real halachic issue?)

Below are some examples of what i mean by a “nuisance”

1) an actual disturbance in class

2) a student who doesnt take school seriously

3) a bad influence

4) a student suffering from a mental disorder which interferes with school

Answer:

There is no “general rule” for this, and each case must be dealt with individually.

However, as a general guideline, a student who is not taking school seriously or not succeeding in studies should not be expelled, but if he is a bad influence on others or causes a serious disturbance then there is room to consider his expulsion.

Best wishes.

Sources:

The Gemara (Bava Basra 21a) already notes, as part of the enactments of Rabbi Yehoshua b. Gamla, that even if a child is not a great success in school, he should be left there nonetheless, since his presence is conducive to others’ study.

This suggests that where his presence is not conducive to others, but rather disturbs others’ study, there is room to expel the student. This observation is made by the Maharsha.

Rav Moshe Feinstein (Yoreh De’ah 3, no. 71) addresses such a question, and writes that a student should not be expelled for bad behavior alone, since perhaps he will better his ways and be influenced for the better by the positive school environment. Rav Moshe is aware of the hardship of keeping difficult children in class, but writes that this is part of the “meleches kodesh” of a teacher.

The Chazon Ish (cited in Maaseh Ish, Vol. 1, p. 69) was asked about a boy caught stealing, and replied that “surely you have also spoken lashon hara, and yet were not expelled from the yeshiva… Surely a thief is not punishable by death!” The Chazon Ish’s approach in general was that to expel a child is tantamount to “killing” him.

However, Rav Moshe writes that if the child is a spiritual and behavioral menace to others, then he should be expelled, “yet this matter must be weighed up carefully, since it is a matter of nefashos.”

Rav Shlomo Zalman Auerbach (Alehu Lo Yibol, Vol. 2, p. 337) also wrote that “where a student damages others, the yeshiva is responsible for them and must expel him, and if he is rude and insolent this will clearly be a negative influence on others.” A similar statement was made by the Rebbe of Chabad (Iggros Kodesh, Vol. 14, p. 403).

The Chazon Ish took a different stance to the question, and wrote that “they think about the good of the many, what is in the benefit of the yeshiva. Indeed, sometimes the benefit of the congregation does not tally with that of the individual student. But in my eyes, each individual is an entire congregation” (Maaseh Ish, p. 63).

See thus Nesivos Yehoshua (Vol. 2, Introduction) who writes of how the Chazon Ish refused to expel a student even where he was damaging to others, and instructed the Rosh Yeshiva to “invest all of your energies to mend his ways and supervise his behavior” (see also Letter 81 of the Chazon Ish, who writes that “you cannot blame the mischievous children, for that is human nature, and you must make efforts in this area at all costs”).

When the Chazon Ish did agree to expel a student, he instructed the Rosh Yeshiva to initiate a Chavrusa with the boy, and only then to expel him, while ensuring that the Chavrusa arrangement will continue (Maaseh Ish 1 p. 69). So great was the Chazon Ish’s sensitivity and care for each student, that even when he conceded that the boy must be expelled, he ensured the blow was softened and the boy would remain in touch with the Rosh Yeshiva and with Torah study.

See here and subsequent articles for these and for further sources on the issue.

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