This just in, a ruling has been issued on the matters of the Crown Heights Rabbonim and Beis Din, as well as on the Vaad Hakohol, Community Council, and the Vaad Hakashrus.

B”H: Psak Din Issued on Vaad Hakohol and Rabbonim Matters

This just in, a ruling has been issued on the matters of the Crown Heights Rabbonim and Beis Din, as well as on the Vaad Hakohol, Community Council, and the Vaad Hakashrus.

The Bais Din was led by Monsey Rabbi Avrohom B. Rosenberg, and was comprised of Kiryat Gat Chief Rabbi Moshe Havelin, , Eilat Chief Rabbi Yosef Hecht, Lod Chabad Rabbi Baruch Boaz Yurkowitz, Ramat Gan Dayan Rabbi Binyomin Kuperman.

The Din Torah covered many issues and the Psak was equally elaborate and went into somewhat detail as to the reasons behind them, the reason being that it was imperative to release the psak so that peace can once again reign in Crown Heights.

In summery the following are the points of note from the ruling:

a) each side attempted to convince the Beis Din that the other side was completely at fault of the Machloikes, and they had no part in bringing it about. The Beis Din did not accept that and said that both side contributed.

1) The election of Rabbi Avrohom Osdoba as a member of the Beis Din Stands.

2) The election of Rabbi Aharon Yaakov Schwei as a member of the Beis Din Stands.

3) Both Rabbis Osdoba and Schwei have equal standing, and even though Rabbi Schwei is older then Rabbi Osdoba, nevertheless he should recive the same treatment as he had before with regards to signatures and other matter of Kavod.

4) The appointment of Rabbi Yitzchok Raitport and Rabbi Shlomo Segal to assist in the Beis Din stands forever, and they are for internal purposes only.

5) The decision of the Vaad Hakohol to institute Rabbi Shlomo Segal to help reduce the load on other Rabbonim and to service the community stands and his salary must be paid.

6) In the event of a decision by a Vaad Hakohol to give or raise the salary to the members of the Beis Din that were properly elected, it is to stand and a newly elected Vaad has no power to revoke it.

7) The election of Rabbi Yitzchok Raitport Rabbi Shlomo Segal and Rabbi Yitzchok Zirkind were not done properly and are therefore void. The roles the previously held in the Beis Din though stand.

In light of this new elections must be held to fill the vacant third seat, and it must be done soon.

8) Both elections of the Gaboim and the Vaad are questionable and must be redone.

Both sides are to select three people to be together an ‘election committee’ and they will do the preparations and run the elections themselves (for the Vaad Hakohol, Gaboim, and a third Rov). All the expenses shall be paid from the Vaad Coffers, and shall bypass the body of Netzigim this one time.

All parties must encourage the community to participate in the elections, but should not get involved in the elections themselves, including endorsements etc.

The elections shall take place on the 1st of Tammuz 5770 (June 13th 2010) in one day and in one location. The final day to apply a candidacy is the 1st of Sivan.

The elections for the third Rov shall take place on the 26th of Elul in one day and in one location. The final day to apply a candidacy is the 25th of Av.

Until the new elections the current Vaad and Gabboim shall remain.

9) Both parties must cease all court proceedings, and may validate this Psak in court.

A copy of the full Psak can be viewed by Clicking Here.

It is with our hope that this will bring the end to Machloikes in Crown Heights and with unity in our leadership may our community thrive.

49 Comments

  • Chaim

    You forgot to mention that till the election for Vaad HaKhol, the current Vaad will run things.

    I personally will vote for this Vaad again, they seem to be doing a good job, but then again thats just my opinion and on the 1st of Tammuz you can decide.

  • hopefully peace at last

    I give credit to the old vaad for taking a stand for what’s right and now thanks to that we have a fair ruling which is what the rebbe wants, everybody belongs in this community not only a selet few who share the same view. and now each side has a voice and a place, let us not destroy the rebbe’s community any longer, there is a place for everyone here.

  • Please Hashem

    May Hashem Yisborach help that this should lead to a NEW begining, and help us begin to heal the wounds and restore true and everlasting AHAVAS YISROEL & AHAVAS CHASSIDIM in our midst. This is KEY in bringing the Geulah Shleima!

    Let us get to work on LOVING our neighbors as we love ourselves

  • Rav Osdoba

    Rav Osdoba is truly a wonderful person. May he be successful in all his endeavors on behalf of our community! He is a mentch and a true Rov!

  • Peacemaker

    Let’s thank the new vaad for running and being elected and because of that osdobas side finaly agreed to go to a din torah
    It is clearly from this psak that shwei’s side was much more right then osdobas (just look at the elections, the need to reelect the vaad hakohol is only misafek but the rabonim…)
    Let’s hope there will be peace from now on

  • cant spin this one

    wow rabbi shwei got everything he wanted
    its funny how people want to spin this but we alll see who really won

    1) rabbi shwei IS rov
    2) rabbi asdobo’s election for rabbonim is invalid
    3) rabbi asdobo and family lost control over the kashrus (the real cornerstone in this fight)

  • Neputism in the CHK

    Psak says that all the entire related family working there wil all need to be fired because of Neputism.

    The CHK will no longer be “a private FAMILY BUISNESS” but be retruened to it’s rightfull owners, the Community.

  • Realty

    Realty Check.

    very nice, the sun is shining the birds are chirping.

    Ye, right!!!

    We say three times a day in our prayers…
    “For the informers there is no hope”
    and then it goes on to describe what must be done with the informers.

    Sorry folk to bust your bobble, no peace is coming with Mosrim.
    The truth hurt, I know, but Emes is Emes, it is what it is.

  • what psak?

    they paid these rabbonim $20k for this din torah just to throw it back at the community? they were supposed to say who is right and who is wrong not try and work out a compromise!!! and say new elections!!

  • bias

    is there a reason why shvei was not thrown out and new elections be held for him? since all the machlokos started when he came into office??

  • BP Yid

    I daven for lubavichers to take back their dignity!
    Sounds like a great psak, hatzlacha u vracha to those who follow it!

  • Dave

    Blas—yes, there is a reason. Namely, the psak attributes most of the machlokes to the O. side. So give me a break.

  • don-t believe in change here

    Nothing will change until EVERYONE gets it that corruption has to go. You can’t trust anyone & that includes the Rabbonim. Obviously. Read the Psak. Read BETWEEN the lines!!

  • remeber!

    What is amazing is how much damage this new vaad did in the few short months that they took control, by force, of the offices etc. Yes, they did contribute to bringing about this psak, but Mitzvah Haba B’Aveirah…

    Let us not forget the subpoenas and the damage they did to our g’machs and let us make sure these menuvalim don’t get re-elected.

    Oh, and we must petition the electoral board to force Chanina to release his mental health documents :)

  • Dave

    To Remmeber: That was the ONLY way this would have happened. Also, if you read the psak, it seems the one and only group the BD DIDN’T have a prroblem with was the Vaad! So vote for who you want, but cut the lies!

  • Will a Siruv Be Necessary here?

    Let’s be positive and hope for the best.

    But some people have a past record and it is no secret that “someone” is by nature “not a team player”.

    Some are born in a way where it is “my way or the high-way”.

    It is inevitable that any such individual – party to the Psak Din – will inevitably end up with a Siruv because they are not capable of working as a team – not team players.

    Such is the Nature of the communist dictators which are now largely as extinct as the dinosaurs.

    The most important aspect of the Psak Din is that the elected Rabbonim are all equal and NO ONE HAS SENIORITY and that all 3 have to be team players.

    In the end whoever will be a team player will win.

    Whoever will maintain the old ways of single handed communist leadership, will end up where all X-communist leaders are today.

    The very beginning of the Psak Din stipulates the possibility of some of the litigants not listening to this Psak Din and that in such a case the Psak Din can then be “Modified” to make the compliant party, an even bigger winner.

    Time will tell but we all know the inborn-nature of who is a team player and who isn’t, who is happy to power-share equally and who started Machlokes only because he wanted to maintain his prior unilateral power.

    The Psak Din was BRILLIANT in it’s anticipation of non-compliance and has built in provisions to administer quick and decisive discipline by penalizing any litigant who does not comply with the Psak Din, by then making the remaining party who is in compliance “the winner” of a forthcoming revised Psak Din – if necessary..

  • shmock kraus

    looks like the ONLY looser is mendy handel
    schvai is not so bad but the people who run his camp are evil.
    now how can we see if the schvay camp is abiding by the psak ?

    look on kingston ave and see if schvai is back to bais din office without his s.m.k .
    if he moves back than there is hope.

  • very important

    all candidates to any position should release the medical records so we should know if medicaly they fit to serve.

  • Great

    I think the Psak was well thought out and fair. Just – of course – the elections of GABOYIM in 770 are not legal at all, being that it was done against the Rebbes wishes.

  • Down with Mosrim

    The propaganda, the lies and deceit continues from the mosrim side. The only way to have true peace is to get rid of the mosrim.

    We will never forget nor forgive.

    You tried to put me in prison for 15 years and you failed, now I will us this time (15 years if thats what it takes) to destroy ALL mosrim.

  • Toishav of CH

    This is a psak Din and every one won.
    Baalei Machlokos please keep your comments to yourself.

  • awacs

    “You tried to put me in prison for 15 years and you failed, now I will us this time (15 years if thats what it takes) to destroy ALL mosrim.”

    Yitamu Chataim min haaretz
    Chataim, not Chotim.

    The Chotim will do teshuva (and, of course, the first step in doing teshuva is to appease the one he wronged) and the Chataim will disappear!

  • CHT

    ayl, it is very important for a rov to be very experienced in human relationships otherwise he is in danger of being manipulated by very bad people.

  • boich sevoro

    i was thinking this straitens out the current issue.
    but does nothing to address what casued it.
    so technically it could all blow up again.
    is rabbi schwie moving back in?
    then i thought if rabbi heller would take his position seriouly for the comunities sake it would have been fine.

    nu Lchaim!

  • Crown Heights Resident

    This is a huge victory for the community. For too many years Crown Heights has been destroyed by the machlokes. This is what Torah Jews do–they resolve their differences in a din Torah. Baruch Hashem Rabbis Osdoba and Schwei finally realized this. And Baruch Hashem for the Vaad who had the courage to make it happen. Accomplishing this–and everything else they do for the neighborhood–is testament to the Vaad’s dedication to the ultimate good of our community. I am sure they will be reelected with a resounding show of gratitude and support.

  • start taking charge

    I hope the bais din will take into their hands working on highering the standards of frumkeit and chassidishkeit, tznius in the community. young people need directionand it all starts at the schools level.

  • antimesira

    To awacs who wrote:

    “Yitamu Chataim min haaretz
    Chataim, not Chotim.

    The Chotim will do teshuva (and, of course, the first step in doing teshuva is to appease the one he wronged) and the Chataim will disappear!”

    It does say that “for the informer there is no hope”, does it not.
    A moser will never do Thesuva, the only thing the Moser regrets is either his Mesira failing or getting busted doing Mesira.

    The Torah uses such harsh terms when it comes to a Moser.
    This past Shabbos, we read (for those learning 3 chapters of Rambam)…
    Our Sages had no need to list informers, epicursim, and apostates among those who are not acceptable as witnesses. For they listed only the wicked among the Jewish people. These rebellious deserters of the faith are inferior to the gentiles. Gentiles need not be saved from a pit, but neither should they be pushed into one the pious among them will receive a share in the world to come. These deserters of the faith should be pushed into a pit and should not be saved from one; they will not receive a portion in the world to come.(Edut Chapter 11 -Halacha 10)

    In Shulchan Aruch, Choshen Mishpat we find…
    A Jew or Jewess who says that they will take a fellow Jew to the non-Jewish courts, and they were warned of their sin and didn’t listen, mitzva laha’rog otam, and whoever acts first is worthy, as is the case of a rodeif (one who chasing a person to kill him).

    The damage a Moser does is done and irreversible, whats done is done. The Moser is done.

  • Disappointed in the Psak

    Peronally, I think the Psak did not contribute as much as some folks attribute to it.

    No mention at all was made regarding the mosrim who are at the heart of the issue. These mossrim stand squarely with Rabbi Schwei. In fact one of them backed out of taking blame for mossering by claiming that he had a ruling from Rabbi Schwei stating that it was his duty to Mosser!

    Is this who is supposed to have equal footing with Rav Osadoba?

    An extremely dissapointing and limited Psak.

  • zev

    rabbi hager had so much pull in the community back in the day, it would only be right that him and samuel popack have a try in this election.

  • To Mordichy

    It means that thanks to him and the Vaed Hakohol there will be pease in CH he might want to be in the vaed hakohol to make sure the pease cuntenuse he may not becouse his goul was done

  • to shmock kraus

    I spoke to Handel and kraus about the din torah if they think its fair and you know what they told me: not only is it fair this was are goal for Rabbi shcvai and rabbi Osboda to have same power and that there should be a normel bais din and that there should be a lubavitcher hachsher wich evreybady is happy with

    so next time instead of sayin Handel and keaus are lossers say Im the looser

  • yankl shwei

    is there any good reason why shvei was not thrown out and new elections be held for him? since all the machlokos started when he came into office?

  • bystander

    In the comming vites we will see if CH community REALLY wants the new “VAAD”
    We will se who they really want.
    Even though in this psak – Shwai mostly won (except that there will be votses for a vaad), he might still loose if the new elected Rov will take Osdabas side!

    It also seems that the Pssak Is ALWAYS in favor of fair votes

  • Pinchos Woolstone

    Who will pay for these three election.
    what independent body will run the elections
    Which Rabbonim can run for the third position
    Who will hire the people who will run the Vaad HaKashrus, who will they reort to
    Who is eligable to run for CHJCC

  • Pinchos Woolstone

    I think there is merit in electing a third Rov to the CHBD who is not a resident of CH and is not beholden to any local individuals and or organization.
    When elected he will be paid the necessary relocation expenses.
    Who will pay the 3 Rabbonim and what are their salary packages

  • Noson A Kopel

    Contempt of Court is one thing, Contempt of the Almighty is something different. Lets hope everyone, the Rabonim, the politicians, and all the residents of the schuna take this seriously and work to implement this Psac Din (as should be any Psac Din) as though given directly to us on Har Sinai!

  • Shmerel

    Here is what will be tachlis. In a year, this will not matter. Chanina will run the vaad with an iron fist, and there will be no interlopers. He will have Blomberg the Mayor. Obama, and the Governor and the politicians. They will come to his sukkah, they will give him photo ops. May Hashem bless him with long life he will remain the political community leader of Anash. All others are befuddled.

  • CDH

    What this Psak means to me and 85% of crown heights.

    1. The Rabbonim Aspect: I, and so many more, have a Rav and it’s neither the Rabbonim in the Psak.

    2. The Vaad: I and many others, go outside of Crown Heights for service.

    3. The gabbyim: who davvens in 770 anyways, not me.

  • Who Seed Watt

    To CDH:

    Who appointed YOU to speak for 85% (+1) of Crown Heights? I must have overlooked that part in the Psac Din!