Mr. Alter walked slowly around the shul, organizing the siddurim and Chumashim. After his retirement, more than fifteen years ago, he had volunteered to straighten the shul a few times a week. Shortly afterward, the shul began to pay him a small, unofficial stipend.

Recently, it was becoming difficult for Mr. Alter to carry the piles of sefarim back to their places. Also, due to his health, he was not able to come as regularly as he used to. Often sefarim were left lying around. With much reluctance, Mr. Reiss, the shul president, decided to raise the issue with him.

“We really appreciate your efforts in straightening the shul,” said Mr. Reiss. “How is it going?”

“I’ve been straightening the shul faithfully for over fifteen years,” said Mr. Alter, “but it’s getting harder.”

“I’ve noticed,” said Mr. Reiss. “We’d love for you to continue, but the shul needs to be straightened up. Do you think you can do it?”

“I’ve been wondering about that,” answered Mr. Alter. “To be honest, though, the extra money makes a big difference in my monthly budget.”

“Unfortunately, the shul’s budget doesn’t allow paying two people for the job,” replied Mr. Reiss. “If you can commit to doing it regularly — great; otherwise, we’ll have to get someone else.”

“I’ll do my best, but my health is not what it used to be,” replied Mr. Alter. “Some weeks, especially in the winter, I’m not able to come out. I’d hand the responsibility over to someone else if I could get a pension or severance pay from the shul; that would provide at least some income.”

“Given the informal nature of the work and the minimal hours involved, you’re not entitled to pension or severance pay,” said Mr. Reiss. “I’d like to help you, but I can’t distribute communal money freely. We’ll leave things through the summer, but next winter we might have to get somebody else.”

The following winter, Mr. Alter was out for a month straight with pneumonia. Mr. Reiss visited him often. During one visit he notified Mr. Alter that the shul would have to transfer the responsibility of straightening up the shul to someone else.

When Mr. Alter recuperated, he summoned Mr. Reiss to a din Torah with Rabbi Dayan, demanding some pension or severance pay.

“The shul has no legal responsibility,” Mr. Reiss countered. “I empathize with Mr. Alter, but am I entitled to spend communal money for unwarranted expenses?”

After some deliberation, Rabbi Dayan ruled: “As there is no legal requirement, the shul is exempt from paying Mr. Alter a pension or severance pay. However, the shul should pay him some compensation lifnim mishuras hadin, beyond the letter of the law.”

“Could you please explain?” asked Mr. Alter.

“The Gemara (B.M. 83a) relates that Rav once ruled that Rabbah bar bar Chanah should pay his poor workers lifnim mishuras hadin, despite the fact that they were not legally entitled to payment then,” replied Rabbi Dayan. “The Rema (C.M. 12:3) cites a dispute between the Rosh and the Mordechai whether beis din can enforce acting lifnim mishuras hadin. Many Acharonim conclude that beis din may not force with legal consequences, but can use persuasive speech, telling the party that he is obligated to do so lifnim mishuras hadin” (see Pischei Teshuvah 12:6; Aruch Hashulchan, C.M. 12:2).

“I would understand that as an individual,” said Mr. Reiss. “But also from communal money?”

“Yes; the Chasam Sofer (II, Y.D. 239:9) rules that a community should also act lifnim mishuras hadin, where applicable,” answered Rabbi Dayan. “In fact, there may even be a greater responsibility for a shul to act in a manner of lifnim mishuras hadin than for an individual, since they represent the community and are never impoverished. Thus, if the shul is able to, you should provide some compensation for Mr. Alter in return for his dedicated service throughout the years” (see Teshuvos V’hanhagos 1:409, 3:204; Minchas Yitzchak 5:121, 6:167).