Lubavitch Non-Messianists Win Court Battle

Debra Nussbaum Cohen – The Jewish Week

An article reflecting recent events from the outside…

CROWN HEIGHTS, Brooklyn — In the fight for control of 770 Eastern Parkway— the headquarters and heart of the Lubavitch movement, which has been the site of passionate and sometimes violent fights between messianists and non-messianists — a court decision last week has come down clearly on the side of the non-messianists.

The strongly worded decision from Justice Ira Harkavy of New York State Supreme Court on Dec. 27 says that the only parties with the right to determine what happens at 770 are its owners, two of the movement’s central organizations, Agudas Chasedei Chabad and Merkos L’Inyonei Chinuch (Association of Chabad Chasidim and the Lubavitch Educational Organization).

The decision marks a victory for those in the movement who have been trying to marginalize the messianists — who believe

in proclaiming the last, late Lubavitch rebbe as the messiah —since the faction began asserting itself when the rebbe was debilitated by a stroke in 1992, two years before he died.

A spokesman for Agudas and Merkos, Rabbi Zalman Shmotkin, said, “We’re very gratified by the court’s decision. We’re pained by the events that led us here and still harbor hopes that those responsible will recognize the error of their ways.”

The judge ruled that the two organizations have the right to eject their opponents, an organization named Congregation Lubavitch Inc., which was incorporated two years after the rebbe died and whose trustees were elected by the Crown Heights Lubavitch community to run synagogue operations. Those four trustees, known as gabboyim, lost the case but have 60 days to appeal as long as they put up $500,000 bond and pay the synagogue operating expenses.

One of the gabboyim said to be most involved in the lawsuit, Rabbi Zalman Lipskier, did not return a message left at his home.

An attorney representing Congregation Lubavitch Inc., Edward Rudofsky, said, “Needless to say we’re disappointed, and as we discussed with the judge we intend to appeal and expect to satisfy the conditions.”

Rudofsky said that the judge, who retired from the bench this week, framed the case incorrectly.

“This is not an ejectment action, this is an argument over control over religious congregation and it did not belong in secular court. This is not a situation where someone is a trespasser or squatter, and we don’t believe Merkos can simply decide who’s going to be in charge of a religious congregation, which is apparently what their intention is,” he said.

The messianist fervor currently dominates the atmosphere at 770, with a large banner proclaiming “Yechi … Melech HaMoshiach LeOlam VaEd,” calling the rebbe the “King Messiah Forever and Ever,” with the slogan also embroidered on the curtain covering the Torah scroll ark, and chanted during many prayer services.

With the court victory, 770’s owners could now remove the banner and discourage the singing of “Yechi.” The decision also says the owners could also arrest gabboyim for trespassing but Rabbi Shmotkin declined to say anything specific about their plans.

There has been periodic physical and frequent verbal violence between the messianists and those who they feel are detracting from the rebbe’s image as the King Messiah by disagreeing.

Some predict violence if the messianist faction is ejected.
Rudofsky said, “I certainly hope there won’t be any violence and also hope Agudas and Merkos will respect the fervor and beliefs of the people who worship there.

“If people are provoked, I guess you can provoke anybody to the point where they don’t do what they should do and would do under normal circumstances,” said Rudofsky. “If they’re provoked enough I don’t want to speculate what will happen. I don’t want to sound like I’m condoning it, because I’m not.”

One Chabad emissary says that in recent months the bellicosity has waned, however.
In November 2006, just after the annual banquet of over 3,000 emissaries, Rabbi Dovid Eliezrie wrote an article posted on Lubavitch Web sites.

A contingent of the emissaries went to 770 for fellowship and words of Torah. But their farbrengen was disrupted by angry young men, “a group that has made violence and terror their symbol,” and who threw benches, prayerbooks and fists at the gathered emissaries, wrote Rabbi Eliezrie in his article, “The Tragedy in 770.” One shaliach had his leg broken, he wrote.

The young men at issue are collectively known as the “Tzfatim,” because most studied in a Lubavitch yeshiva in the northern Israeli city Safed, or Tzfat in Hebrew. Too young to have known the rebbe when he was well, the young men come to the yeshiva at 770 to study.

“Are any of us proud of 770 today? Or do we cringe with distaste when we walk in and see how craziness has become dominant,” wrote Rabbi Eliezrie, a veteran shaliach, in Yorba Linda, Calif.
Ofer Braunstein, a Lubavitch resident of Crown Heights, said, “It’s mostly bochurim [unmarried young men] from Safed, but it’s also old hasidim” who are violent, he said. “They fight mamish [truly] physically. I saw it many times,” he told The Jewish Week in an interview outside 770 on Sunday night.
The lawsuit that brought the conflict to a head started three years ago, when at 4 a.m. on Nov. 3, 2004, several young men wrenched off from the synagogue’s exterior wall a plaque next to the cornerstone placed by the Lubavitcher rebbe, which referred to him with a Hebrew honorific used after the name of someone deceased.

They tried to replace it with their own plaque with an Aramaic term used after the name of a living sage.

Several people tried to stop them, blows were thrown, the police called and Rabbi Yehuda Krinsky, chairman of Merkos, got a restraining order against them. The following month, Agudas and Merkos filed the civil court case against three named young men and 30 “John Does.” Congregation Lubavitch Inc. soon joined the lawsuit as defendants.

Last year Justice Harkavy deemed Agudas and Merkos the rightful owners of the property, and this latest legal chapter was their effort to win the right to eject Congregation Lubavitch Inc.

The Lubavitch headquarters at 770 Eastern Parkway is open around the clock and inside the cavernous space with worn linoleum floors and rundown benches, hundreds of men gather for minyans that take place at all hours. At any given time some men are praying, while others schmooze, study a page of holy text, or chat on cell phones.

The women’s section, a balcony upstairs hidden from male view by darkened windows, is likewise open to anyone who cares to enter. While on Sunday evening women chatted and a few young children scampered around, the women’s section does not have quite the same feeling of being a loud learning hall cum social club. A leaflet taped to the wall announces the times for “Radio Moshiach and Redemption” broadcasts, below a plastic rack with issues of “Living With Moshiach.”

The turmoil at 770 has affected the reputation of the Lubavitch movement, whose influence outweighs its numbers because of its network of deeply committed, far-flung emissaries.

“People look to Lubavitch and are confused. People don’t understand the internal dynamics of Lubavitch, what’s going on inside. And 770 is a symbol within Lubavitch and beyond Lubavitch,” said one shaliach, who asked not to be named.

Rabbi Eliezrie said, “We allowed this to be strong for a while, but it will change now. The community is ready. A lot of people feel there has to be change there.”

Others say that the anti-messianists will not be able to win the war over 770 even if they are victorious in court.

“The shul will not change at all,” said Avraham Hirsch, a Crown Heights resident leaving 770 after davening. “I doubt they will be able to disregard the feelings of the people who come here.”

The essence of the problem, said Rabbi Eliezrie, is larger than the fight over 770.

“Today we have this dilemma who do we turn to for direction?” he said. “It’s a community which is struggling with itself right now. There are real issues of how do we instill chasidishe values, how do we give our children an education when you don’t have the rebbe there physically to serve as a role model?”

24 Comments

  • sad crown heightser

    okay and is this something that we are supposed to be excited for?

  • elephantbrain

    Why disseminate an article published in an anti-Torah newspaper and written by a hater of Lubavitch? This garbage is counterproductive on all fronts.

  • Yossel H

    Please let us know if the mechihisten gabboim post the bpnd. Many of us can’t wait to reclaim the shul and return it to normalcy.

  • john

    “With the court victory, 770’s owners could now remove the banner and discourage the singing of “Yechi.” The decision also says the owners could also arrest gabboyim for trespassing but Rabbi Shmotkin declined to say anything specific about their plan”

    what does “Discourage” mean??

  • john

    Today we have this dilemma who do we turn to for direction?” he said. “It’s a community which is struggling with itself right now. There are real issues of how do we instill chasidishe values, how do we give our children an education when you don’t have the rebbe there physically to serve as a role model?”

    there is no dillemma. this generation is the do-it-yourself generation where moshiach is brought on the efforts of any shmendrik not bc ure boppin and making a shvil for someone else even if hes some biiig rabbi! but bc u convince ureself and u search on ure own for guidance and fight with ureself for good where the common workingclass man makes a revolution for good noo voice is greater then the other voice may our efforts bear nuclear friut now!

  • sad lubavitcher

    very sick letter to be published by Lubavitchers themeselves!!!! This one makes me real sad! And who cares who moshiach is..one thing is for sure…this behavior WILL NOT bring him closer. SAD SAD SAD!

  • Yitzchok

    Why are we spending so much energy on Meshichisim saying or not saying Yechi?Let us (in addition to teaching about the geula)instill a warmth into our youth for Yiddishkeit. They don’t care about Yechi.They want to see a productive community not a fighting one or we will lose the youth and there won’t even be anyone left here that cares about anything.

  • Former Resident

    Its about time something happened….. Why is it so hard for the ever proud crown heights residents to stop blinding themselves from the truth? 770 isnt what it used to be…… I remember coming to Crown Heights for my Bar Mitzvah to get a dollar and a brocho from the Rebbe, and back then almost 15 years ago it was well respected, people came and no sort of garbage that happens now would dare take place then. Face the truth! You deny what is really going on…… I am a former Resident of Crown Heights and stopped davening in 770 because of what goes on. Hefker Velt. The only difference is I dont blind myself or deny that nah, its not happening. I know for a fact that many other well respected people who do not daven there for other reasons, and no they are not political. they are people who stay out of the politics and would love to bring thier kids to 770 on shabbos so they can share in the “Ruach” of 770, as unfortunate as it is this is not possible anymore so they are left with no other choice but to go elsewhere.
    My question is, who are these animals(tsfatim) that allow themselves free reign in 770? as far as I am concerned, that have overstayed their welcome. this aint your country, consider yourselves as guests, and behave like one.
    Yet when I read all the comments, I see that all the negative ones totally miss the point. They are quick to bash. Why? Just because you wouldnt and couldnt accomplish what Merkos/Aguch did does that make you jealous so all you can do is kvetch? You are right it is a MASSIVE Chillul Hashem and Lubavitch, but I think its gone way too far and deep to worry about it at this point. Just focus on getting 770 to what it used to be like 15 or 20 years ago, clean up the mess and contain it.
    I know that a little hard to ask from the small/narrow minded people of crown Heights who usually like to pass the buck and blame others rather than assume responsibility, if they cared enough they wouldnt think twice about 770 and what it really stands for. How would they when facing the Rebbe if they had to give a din v’cheshbon explain all the goings on? It would be an understatement to say that they would be praying to dissappear into a hole rather than face the music.
    Stand up for what you care about.

  • Dreamer

    This was the clearest, most succinct report of the problems re 770 I have ever read. It is good journalism: it states the facts without bias & allows the reader to draw his/her own conclusions.

    So now it’s out there in terms everyone can understand, it’s time for Chabad to solve this problem once and for all. And in my humble opinion, having watched, albeit from a distance, the actions & inactions of certain individuals & groups, it is time for those responsible for not only carrying out violence but their INSTIGATORS to face the music.

    These “talmidim, students, bochurim” call them what you will need to be sent home. The older men (& women!) who feed them into a frenzied obsession should be banned PERMANENTLY from 770.

    The Yeshiva 770 should be temporarily closed, all control placed in the hands of Chassidim who will vet every application to study, especially from foreigners.

    Davenning should follow Nussach Ari, not Nussach Moshichisten. The pressure to scream slogans, create paths, or wave flags should be removed & 770 should be a simple Shul as it always was, where we can daven and hear an inspiring, non-hysterical/fanatical shiur now & again.

    All signs, banners, pictures etc should be removed. They are not permitted in a Shul!

    Then maybe my family & I can daven quietly in 770 once more.

    And as I awaken from a warm & fuzzy dream of Sholom in Crown Heights I realize…I’m still the enemy, right?

  • Sara

    Finally the shul returns to the rightful owners, but I don’t really see the yechi sign being taken down without a fight. Maybe the meshichists will remember that “dina shel malchusa dina”

  • ShtamaYidinDallas

    hater of lubavitch? anti torah? helloooo the Jewish Week is non of the above well look they may not be like the Jewish Press but they are definitely quite sympathetic to chabad and lubavitch and overall I’d rather get my news from them then any other Jewish paper. What they write is what its like. For good or bad it is what it is without the shmaltz. Those that know the paper and content will understand what I say. Kudos to them all.

    That said yay! when do we throw out the meshugoyim and bring our kids back into 770?

  • Kuti Rapp

    “Discourage” would be best by allowing Yechi to be said, but not that it become mandatory.
    What has to be done, in truth, is, someone with connections in the Government, i.e. Levi Shemtov, should get the US consul to turn down Tzfati Visa applications after a meeting…it’s that simple.
    It’ll take a few years, the old Tzfatim will get married to Iraeli girls, move back to Israel, and you’ll be left with the usual level of Yechi being optional, not mandatory.
    What do you all think?

  • someone who wants moshiach

    this is so pathetic. the argument btw. mishichist and not mishicist is about if the rebbe is moshiach or not. well if people would act a bit better and not fight like then moshiach would come and then we will know who is right. but to argue who is moshiach with violence will not bring moshiach Chas Vesalhom!! JUST STOP THESE FIGHTS

  • REBBE

    EVERYBODY JUST FIGHT AND PROCLAIM “WE ARE THE REBBES SHLUCHIM” WHY CANT THERE BE A MIDDLE PATH WHICH THE REBBE TRUELY WANTS.

  • Dina deMalchusa

    To Sara:

    1) ‘Dina (shel) [de]Malchusa Dina’ applies to laws passed by government. A judge’s decision does not create laws.
    2) If the law of the land interferes with Torah, then one needs to go on Mesiras Nefesh.
    3) Laws made against a specific sect of population have no validity (really!) and needs not be followed. We all agree that they are another group.
    4) When dealing with Moshiach one may not even ask questions :).
    5) If Ahavas Yisrael, a Mivtza the Rebbe was so concerned with, is not kept by all groups then why would you hope that secular laws will matter?
    6) I don not know, but I believe that Dina deMalchusa only applies to monetery issues i.e. who owns 770, but not what one is permissible to do. e.g. Shouting something that discusses other people.
    7) The Rebbe said to do everything in a way that does not push away people. You see that anyone not in agreement does not count, so your opinions are not relevent.
    8) Can you imagine having 770 a museum (repeated so many times by the Baali Machlokes and many, many innocent people believe them and include this in their comments) and Yechi should not be included? This will give a deceptive view of 770.

  • Let Moshiach come

    I say, let the Moshiach
    finally come. THEN, argue
    over WHO it is. Simple
    as that!

  • Anonymous

    “WHY CANT THERE BE A MIDDLE PATH WHICH THE REBBE TRUELY WANTS”.
    The prophet Eliyahu held a debate with the false prophets of Ba’al during which he challenged them: “How long will you waver between two opinions”. If Hashem is the G-d, follow Him! And if it is the Ba’al, follow him” (1 Kings, 18:21). [theres a nice Sicho on this issue… Likutei Sichos Vol. 1, pg 183ff.]

    My friend there is no middle path, we have clearly what the Rebbe said in Sichos and letters (which you or anybody can open up and learn) and then you have people that make up or deside for the Rebbe what he means. We are not Chassidim of Chassidim but Chassidim of one Rebbe.
    A Rebbe that Thoght use Torah like a Milamid to his Talmidim and being the best techer ever I dout he left any thing out. Things only get confusing when you have people who have no respect for The rebbe and have an agenda of there own and they will say or do anything to get there.
    But as long as you do what you have to do it’s not so hard to see the truth.

  • yalda

    We are all loosers!!!! 770 belongs to the rebbe he owns it, so lets respect it and treat it like the Rebbe would want it to be, We are the children of the Rebbe. The Rebbe is our father, when a father passes away each child reacts diffrently, 1 chils will cry more 1 will cry less, 1 will take life easy, 1 can become depressed. It doesent mean that the child who cries more loves his father more or the one who takes life easy and tries to be happy loves his father less. All children love their father the same but they all react diffrently. Us lubavitchers are these children who all love our Rebbe our father the same way but we all react and believe diffrently, so go ahead believe whatever you want, but why cause crazy machlokes like this??? Kepp your belief to yourself and just start getting along, the Rebbe did so much its up to us now, its the basic of the torah ” Veohavto lereyacha kamocha” if this is missing then whats the purpose of everything else??? Go ahead lets try NO MACHLOKES NO FIGHTING for just 1 day and Moshiach will be here!!!!!!!!!!

  • shliach

    well well well 770 is not a place that inspires people (especially kids) just the opposite

    get the Taliban loonies out
    clean up the place
    it would also make Crown Heights a safer place (let those guys go to Isareli army instead of running away here -what a great excuse)

    hopefully we can soon daven in 770 without seeing the mishigass

  • CHT

    Interesting parallel I was reading about Uman. Ukrainian government says that it owns the Nachman graveside because it is a national historical inheritance and they only let breslavers to use it. Obviously, they use it anyway they want.

    Interesting, especially because if not for all these pilgrimages, would Ukraine consider this as place of historical value?

  • DB

    Allthogh change is needed in 770 I dont think merkos should be the one to deside what it is for they primeraly care about the shluchim not the crown heights residents

  • Stop complaining and DO something

    Dov and Yalda, you couldn’t have put it better.

    To everyone complaining about the atmosphere in 770:
    Instead of deningrating 770, and running away from it, why don’t YOU go there and CHANGE it??

    I personally go to 770 often and love it. I focus on what I have to, which is my davening, learning, and my connection to the Rebbe. I don’t waste my time looking out of my sefer staring at people and calling them names.