rsync a remote site with ssh root login disable

[spiv007]

I have box1 with ssh  and box2 with ssh client and rsync

from box2 I run:
rsync -vvprogt --delete -e /usr/bin/ssh root at foo.net:/home /home

and it will sync box1 /home to box2 /home with no problem

but if i want to go in /etc/ssh/sshd_config and disable root login how
can I still rsync the remote location if sshd_config root is diables:

ex 
I know i can run rsync -vvprogt --delete -e /usr/bin/ssh
foo at foo.net:/home /home but foo does not have rights to see all the
folders in /home.