Booklet: Use Your Own Judgement

Dear Crown Heights Resident,

On Sunday, the 26th of Elul the community will be electing a third Rov to serve on the Bais Din or Crown Heights.

Since this election and the preceding ‘campaign’ is very different than most elections, in that a) the appointment is a lifetime appointment; and b) candidates would generally not promote themselves or their agendas (which should seemingly be identical), a group of community members requested comments from prominent Rabbonim and Mashpi’im regarding the issues at hand.

We have not approached all, due to lack of resources, and of those who were approached, not all chose to respond. We wish to thank everyone who responded.

We are providing you with the responses as they were given to us. Some responded in English, while some responded in Hebrew. For the benefit of those who may be more comfortable in one language rather than the other, we attempted to translate all responses. Translations were mostly not reviewed by original writers for accuracy, we attempted to be as accurate as we could.

The questions posed to respondents were:

1) What is the importance of participating in the election for a Third Rov for the Beth Din of Crown Heights?

2) What are the qualities required from a person who would serve as the Third Rov of the Beth Din of Crown Heights?

3) What are possible ways to evaluate a candidate and identify whether he possess the qualifications listed in your answer to Question 2?

We hope you find our efforts and the responses useful, and use them as food for thought prior to casting your vote. Our goal was to have people use their own judgment, rather than just vote for what they believed would serve their political agenda, or the political agenda they feel aligned with.

It is said that the Maggid promised his talmidim, that in any dispute with Misnagdim, Chassidim will always prevail (יד החסידים על העליונה). However, when Chassidim fight each other, who should prevail?? Don’t we all lose when we fight amongst ourselves?

With that thought in mind we urge everyone to accept the results of the election, whether the candidate you voted for was elected or not, and respect the entire Beth Din and accept its authority.

With best wishes for כתיבה וחתימה טובה לשנה טובה ומתוקה שנת גאולה,

Oren Popper
on behalf of Concerned Residents

Rabbi Michoel Golomb – Crown Heights

1. By participating, one is fulfilling the Mishnah (and the Rebbe’s horo’oh): עשה לך רב, and showing concern for upholding the tenets of Torah.

2. The qualities required are clearly enumerated in the Rambam (sefer Shoftim Hilchos Sanhedrin chapter 2) which include: wisdom, humility, fear of sin, hates money, loves truth, loved by people (looks at others in positive light, is pleasant) with a good name. See there at length.

Add to this that the Rebbe required a Chassidisher Rov, this would include someone with a fair knowledge in Chassidus and to whom the Rebbe’s words really mean a great deal.

3. Usually one can easily tell if the person is patient, pleasant, honest etc. One can also evaluate from past experiences, by asking people who have had dealings with him in the past to tell you what NICE things he has done for his community and how much he is liked by the simple objective person.

To quote:

דרכי’ דרכי נועם וכל נתיבותי’ שלום (משלי ג, יז(

כל שרוח הבריות נוחה הימנו רוח המקום נוחה הימנו וכו’ (אבות פ“ג מ”י(

רבי יוסי אומר: כל המכבד את התורה גופו מכובד על הבריות וכו’ (אבות פ“ד מ”ו(

Rabbi Heschel Greenberg – Buffalo, NY

1) a. It will comply with the Rebbe’s wishes that there be a beis din of three rabbonim,

b. It will guarantee that the community will have a duly constituted beis din that requires three rabbonim in accordance with the din אין ב”ד שקול,

c. It will allow the Rabbonim an opportunity to disagree with each other without it turning into a machlokes because the third Rov will be machria in accordance with the Torah’s approach.

2) a. A Rov has to meet the criteria of: a) being well versed in halacha with shimush,

b. Must be a yrei shamayim

c. Must have chasidishe hanochos

d. Must be aware of all the Rebbe’s directives in matters of halacha, chinuch etc.

e. Must be נוח לבריות

f. Must be accessible to the people

g. Must be one that will bring the other Rabbonim together and not create further polarization between them

h. Must actively seek – בדרכי נועם – to raise the standards of tznius, etc. in our community

i. Must actively be involved in bringing peace between people

j. Last but not least, be active in the efforts to prepare the kehillah for bias hamoshiach

3) a. By not reading pashkvillen or anonymous comments on internet sites about the negatives of the candidates,

b. By recognizing that no candidate is totally pure and faultless.

c. Therefore focus on the qualities of the candidates and see who fits into the criteria in # 2.

Rabbi Pinchos Korf – Crown Heights

1) As far as I can remember, the Rebbe spoke about the advantage of our Shchuna having three Rabbonim, though I can’t recall the date of the Sicha. Obviously, electing a third Rov will allow for majority rulings as the Torah prescribes in cases of disagreement.

2) Obviously, he needs to be well versed, especially in matters of Halocho, he needs to be a Yerei Shomaim, and a Chossid, as this is a Chassidishe neighborhood, and certain issues which are Darkei Hachassidus, rise to the level of Halocho amongst Chassidim. How much more so, he should consider the Rebbe’s opinions as Halachic rulings, as the Rebbe is the Mora D’Asra of this neighborhood.

3) I don’t know how, unless one knows a person well enough to recognize his qualities.

Rabbi Berel Levin – Crown Heights

1) It seems from the Alter Rebbe’s Shulchan Oruch (Nizkei Guf vNefesh 16) that elections to a position in the Beis Din (popular majority vote) is merely to allow the Beis Din the power to deal with fines, make extra rulings to deal with contemporary weaknesses (in Torah and Mitzvos observance), and in certain occasions when a transgressor is disobedient, to punish him with excommunication etc., as well as to establish communal rules.

2) The answer to this is elucidated in the Alter Rebbe’s Shulchan Oruch (Nizkei Guf vNefesh 17): “The Beis Din which would be established, Tuvei Ho’Ir should recognize in each of them seven things: wisdom in Torah, humility, fear [of G-d], disdain for money – even their own, love of truth, love of people towards them, have a good reputation for their actions.

3) I don’t know how to respond to this 3rd question, as it is only possible with someone with one might have personal acquaintance. It is wrong to attempt to evaluate a person with whom one is not acquainted, judging by rumors about such person which are spread by people who have a personal interest in the matter.

Rabbi Avrohom Lipskier – Seagate, Brooklyn, NY

1) We must have three Rabbonim according to halacha so there can be a deciding majority when necessary. The Rebbe demanded that there be a Bais Din of three in this shechuna, and said that this shechuna will be controlled and guided by halacha and not by money.

2) In addition to the qualifications of a Rov according to the shulchan aruch, he must be sensitive to the fact that this is the shechuna of The Rebbe Melech Hamoshiach who is the Mara D’Asra. Therefore, the Rov will do everything in his ability that the shechuna becomes like the Rebbe desires it to be. He must be real Chassidishe Yid, caring, aidel, able to relate to people in a very kind way.

The Rabonim must bring peace בין אדם לחבירו, בין איש לאשתו, and to the entire shechuna. Since this is the shechuna of נשיא דורנו – שהנשיא הוא הכל, this will bring peace to the whole entire world. The Rebbe says this in a sicho Parshas Shelach 5746, printed in לקוטי-שיחות Volume 28 page 255. It is advisable to everyone to learn this sicha and the notes, which will clarify to us the function of our Rabonim.

3) Look into their backgrounds. What is their occupation? How they relate to communal affairs, and to people in general, are they likeable?

Rabbi Avrohom Mann – Toronto, Ontario

1) The Rebbe’s sichos are well publicized and I see no need to add to them.

2) i. Obviously, The spirit and Shitta of Raboisenu Nesieinu is fundamental in his eyes.

ii. Patient and thorough in reaching halachic conclusion, not merely capable of discussing multiple facets of an issue.

iii. Friendly and energetic to be able to influence the younger generation too.

3) Inquire with people from communities which are familiar with him, and through his writings.

Rabbi Yossi Paltiel – Crown Heights

1) This is how it is according to Torah, that the community participates in the selection of the Rov.

Obviously the authority of the community should be determined by those who understand in this, i.e. that each voter should consult with knowledgeable friends (ידידים מבינים) who could help him come to a conclusion as to whom he should elect. But when we have an election without participation, it is against the will of Torah, not to participate.

Furthermore, the situation in our community is such that we are not yet accustomed to “living” with elections and its results, commonly known as democracy. While it is understood that democracy does not exist in the laws of Torah as it does in the Goyishe world etc., however there is also no place for anarchy, which is the worst possible situation, and more or less, that is our current situation.

It will take years to get used to the fact that when there is an election and one “loses”, i.e. the person elected is not our choice, we should agree and accept the results without fighting against them, claiming that they are “against the Torah” [read: my Torah]. Every election that takes place and the community at large accepts the results brings us closer to “that time”.

2) First and foremost he should know how to learn, and have smicha and shimmush for Rabbonus. The Talmud describes the calamity of Rabbonim who did not have adequate shimmush and got involved in hora’a.

Second, the Rov must be approachable at all reasonable times.

Third, he should be a relaxed and welcoming person, so that no person, especially no woman, should need to think twice prior to approaching the Rov for fear and shame in general. Neither should any person get a feeling that he or she is an am-haaretz, or that they ask silly questions of the Rov.

Fourth, he should be a person of peace. How to be a person of peace while being involved in our cauldron of machloikes I do not know. However, if it is deeply rooted within him to desire peace, and he does not veer from the principle, then he may be able to hold to it.

He should not forget that the same Torah that commanded us about Kashrus and Tznius, and acting lifnim mishuras hadin, commanded us to seek Sholom.

3) Information.

If one talks only with those who are opposed to a certain candidate for a Rov, or those who are for the candidate, one only acquires knowledge about the opinion holders and not about the Rov.

People (whom you know, if possible) that know the Rov in all aspects mentioned in my response to question 2, should help you learn about the qualities of each of the candidates, and you should vote based on the majority of information you gathered.

Rabbi Levi Yitzchok Raskin – London, UK

1) Each person’s vote is their opportunity [and duty] to contribute to the spiritual welfare of the community.

2) The Suitable candidate should have the ability to galvanise the Badatz into a proactive leadership that will inspire the community and its institutions to consistently aspire to higher levels of Yiras Shomayim and Chassidus, following the guidelines of the Rebbe.

3) The simplest way to assess a candidate is by observing their track record in working effectively with a variety of people, and their personal Yiras Shomayim and Chassidishe conduct.

Rabbi Yehoram Ulman – Sydney, Australia

1) Since it has been ruled that the appointment of a third Rov will take place through a process of election by the majority of the community, it is incumbent upon anyone who eligible to vote.

2) i. An Ehrlicher Chassidisher Yid, Yerei Shomaim, who cares about and knows the shittos of Raboisenu Nesieinu in general, and our Rebbe in particular.

ii. Should possess good Middos and be: kind, compassionate, able to relate to people, empathize and sympathize with them.

iii. The Rov should be very accessible, give a welcoming feeling to people approaching him with Shaalos, and particular in responding to everyone beseiver ponim yofos and returning phone calls in a timely manner.

iv. The Rov should have much Shimmush, and be aware of the contemporary world, and of the contemporary world of Halocho, in Lubavitch and outside Lubavitch. In today’s day and age there are many Shaalos which involve new circumstances which did not exist in the past, such Shaalos might not have clear guidance from Halachic literature. A Rov must know who are the Rabbonim who specialize in the topic, how does contemporary Halocho deal with the question, etc.. The Rov should be aware which areas are beyond his expertise and in which he need to either contact an expert, or connect the person approaching him with the Shaala with a Rov who has expertise in that area.

v. The Rov should always remember that many Shaalos which are brought to him are dealing with peoples lives! Therefore, he should always keep in mind that Koach DeHeteira Adif (the ability to rule on the side of permitting when necessary, shows halachic strength not the contrary), this is especially so in our generation, when chumra can sometimes lead to kula. Notwithstanding this, the Rov must himself be meticulous in all aspects of Halocha.

vi. It is extremely important, that the Rov should be able to cooperate with the sitting Rabbonim, and not be there to join up with one to rule against the other. The Rabbonim should be able to argue and disagree amongst themselves, but present a united opinion and ruling to the public after they have ironed the issues amongst themselves.

I will conclude by reiterating the importance of good Middos and accessibility.

3) I don’t know how a lay community member might be able to identify the above qualities in a candidate. It would have been advisable if a panel of Rabbonim could be established to interview the candidates based on the criteria in my response to question 2. In the current situation one should try and do his own objective due diligence regarding the possession of the above qualities by the candidates, and not feed on rumors and loshon-hora.