Another Age Old Fight Put to Rest

CROWN HEIGHTS [CHI] — In a letter to the Vaad Hakohol an age old fight was finally put to rest for good. The letter from Rabbi Avrohom Osdoba informs that the Siruv and Nidui against R. Dovid Fischer is null, void and completely canceled.

This move is another in a series of such old fights being laid to rest by the community’s rabbinic leadership.

The Siruv against Fischer was first issued over 20 years ago, in 1987, at the behest of the Vaad Hakohol’s chairman Yosef Boruch Shpielman.

Sources close to this issue told CrownHeights.info that Shpielman wrote a letter where he state that if requested he has no objections to the removal of the Siruv.

This is the second such resolution by Rabbi Osdoba to settle old disputes within the community. In April of last year Rabbi Osdoba removed a declaration of ‘refusal to adhere to din’ against Rabbi Chaim Yehuda Krinsky and Rabbi Avrohom Yitzchok Shemtov. In another letter to the newly elected Gaboim Rabbi Osdoba implored the group to cease its actions in secular court against Merkos.

Zaki Tamir, chairman of the Vaad Hakohol, had no comment.

Free Translation:

To Mr. Zaki Tamir,

In response to your letter in connection with the Siruv and Nidui that was placed on Reb Dovid Fischer by the Bada”z of Crown Heights.

It is self-evident and clear that as all conflicts and problems that were between the Vaad Hakohol/Crown Heights council and Reb Dovid Fischer were resolved, automatically the Siruv and Nidui were canceled.

The parties involved came to a mutual agreement and confirmed that it ended through legal documents that were connected to this agreement.

Also, I have received requests from both parties that it was their desire to remove the Siruv and Nidui for the sake of peace and tranquility in our camp.

And therefore as a result, automatically the Siruv and Nidui that was placed on Rabbi Dovid Fischer has been invalidated and does not exists anymore.

With the hope that peace and unity in Crown Heights will grow stronger, and will awanken and encourage a collective partnership and mutual help to strengthen and shore up the neighborhood, and positive investment in our Kehilla through Rabbi Dovid Fischer and the entire community together.

“he who makes peace in the heavens he shall make peace on us”.

[signed]

45 Comments

  • What?

    I thought that the Seruv on Rav Dovid Fischer is part of the Aseres Hadibros (of Crown Heights) and can never be removed?!

  • We all must forgive and forget

    Maybe now he can take certain families off of his blacklist and help them when they are in need.

  • About time!

    Well done and full respect to Rabbi Osdaba, its about time this was resolved, the community lost a lot because of this fight, i am glad we are moving along.

  • couldn-t walk outside at night

    about time rabbi osdoba sent out such a letter
    rabbi fischer saved the sechunah
    I give him lots of credit for that

  • True leadership

    Rabbi Osdoba Is showing true leadership in CH in bringing things together for the benefit of the community without being influenced by thoe who have an agenda to create their own leadership in the community with the new elections.

  • to #5 True leadership

    If he was showing “true leadership”, he would end the CURRENT war he was with Rabbi Shwey, and let peace reign in Crown Heights.

    “let bygones be bygones”

  • CHT

    Can anyone explain why it does not come from full Beis Din? Or it was our elections that are null and void.

  • BigBen

    Rabbi Osdoba is the best. The so called siruv on Fischer was never really implemented. Many in the shchuna just ignored it and acted as if it did not exist from the start. Smart move by Rabbi Osdoba to bring more Sholom to CH.
    BTW I like that last line in the english translation and I will buy lots of stock in peaches futures. Thank you Rabbi O.

  • please help me understand

    please help me understand. how can rabbi osdobo make a statement in the name of the c.h. bais din, when he is only 1 member out of 3.

    i would have thought that in order to constitute the “opinion of a bais din”, one needed a majority of the members to agree.

  • Zeev M.

    Dear Rabbi Osdoba Shlit“a

    You are beginning a new way, its high time to rebuild the respect and unity in the Beis Din. Please find a way to make peace with Rabbi S.

    If you can do it with Fisher you can certainly do this as well..

    Please accept the will of the people and the Psak Din of the Zabl”o and stop fighting against Rabbi B.

  • Laaniyas Dayti

    Untying old knots can bring a sense of Achdus.
    Creating new knots (untidy and hasty ones) distances it.

    May Hashem bless the community with the patience to wait out the Din Torah inaugurated by the “ikul”.

    Ramming ANYTHING down peoples throats, is not a precursor to Achdus (as so many seem to claim, if not actually believe.) Nisht tzu gloiben such an opinion exists in the world of adults.

  • 3 cheers for Zaki

    Zaki you did it again

    The letter seems to be a response to a question and request by Zaki Tamir, Zaki is doing all that he can to bring some healing to Crown Heights.

    Zaki, keep up the good work.

  • tipshim

    He should have waited for the new rov to come in town. He might have been a lot cheaper. He also could have paid him in Australian $$$$. Would have been a lot cheaper, could have saved a lot of money. It’s sad when people overspend. But whatever, now I could hug them , and kiss them. G-D for twenty years I held myself back. Also who is this spielman character, is he a member of our new vaad? Oy gut in himmel hub rachmonos put unz!!!

  • vaad or dictator?

    It seems like Zaki does everything ON HIS OWN. did he consult with the other members of the vaad?

    Is this a real shiduch? a single member of the beis din ruling for a single member of the Vaad?

    Isn’t the curent vaad made up of 3 Members? isn’t the curent Beis Din made up of 3 Members? do these peple do things on their own without consulting the rest of the members? as a result, do these actions have any validity?

  • Finally

    Shimshon Stock was right all along.. the community would look totally different today if people would have listened to the wise Shimshon……

  • @ 13. Zeev M.

    Please stop referring to Mr. Braun as “Rabbi”, he didn’t earn that title like myself and many others did.

  • Bais Din?

    I see this letter as a response to a question. Rabbi Osdoba states matter of factly what is the status of this siruv. It says that due to the fact that the parties came to an agreement, (and the siruv was established to force the parties to go to a din-torah or to resolve their differences,) therefore when the parties come to an agreement the siruv is automatically null and void.

    If Rabbi Schwei disagrees, let him write his opinion and explain why not.

    To the best of my knowledge, a siruv can be removed by those who put it on, which in this case it was the bais din on behalf of the vaad hakohol, so based on what can the siruv have any validity if the vaad (including shpielman) see no reason to keep the siruv in effect?

    A siruv is a halachic concept, not a tool for fighting people you don’t like. In our case the siruv is halachicaly valid as long as the vaad asks for it, to force a resolution of their conflict with Fisher. But after Shpielman, (and even Malamud,) and Rubashkin came to terms with Fisher and signed such documents, there is no halachic reason for this siruv to stand.

    Basically, Rabbi Marlow z”l asked (Malamud, Bush, Nash & Chazan) to have it removed, tzu lange yor, Rabbi Heller disavowed it a long time ago by talking to Fisher and sitting with him at simchos, and now Rabbi Osdoba finally states the facts as they are. So whats the point of the naysayers?

  • True Rov and Leader

    HaRav Osdoba is just phenomenal. Not only because of this situation, but he is great.

  • just wondering...

    If this letter was in response to a question on the part of Mr. Tamir, then why was it written in Hebrew? I would be sure that Tamir would author his letter in English…

  • sheichen hashechuna

    Can someone clarify something for me; If a psak was issued by a bais din does a single member of that same bais din have the authority to subsequently nullify it? I am sure my question is simplistic but I was just curious to understand how things work. This case adds at least one wrinkle to the matter in that only one member of the original bais din, amush, remain his his position. In a case where the majority of members are no longer available to modify or nullify does this authority devolve upon the last remaining signatory?

    It is better to be good than smart and right rather than victorious.

  • Rav Osdoba

    Rav Osdoba was the one who MADE the Siruv – so HE is the one to remove it! (Not sure if Rav Braun was even born then).

  • sheichen hashechuna

    To “Rav Osdoba wrote:” If you are not indeed Rav Osdoba (and I highly doubt that you are) then you have no right and hence no decency to append his name to your private comment. By doing so, you in affect demean the respect due a talmid chochom and chaver bais din while potentially adding to the dissension and confusion that this community is trying it’s best to dispel.

  • good times ahead

    About damn time. This siruv was the beginning of the downfall of Crown Heights. Now maybe this will be the beginning of our revival.

  • Ultimate skeptic

    To #26

    Some are not sure that a person called “Rav” Braun has been born yet.

  • comment 17 ..... you serious???

    T he Australian dollar and the American dollar are just about even now , so it wouldn’t be cheaper.
    But way to go bringing in a totally separate issue.
    maybe that’s the problem here in CH with achdus, NO ONE is capable of assessing situation independently from personal or political biases. but then again maybe just living in such close proximity to one another or the family owned education system here is to blame. !!!!

  • Berl

    For all the 12 year old posters here wondering why Rabbi Scweii doesn’t sign off on this:

    Rabbi Schwei was not even a part of the beis din when this siruv was implemented. Therefore there is no reason for his input now.

  • resident

    lets try to keep the comments nice and respectful of each other.One step after another will help bring the true peace we need.

  • olld timer

    High time this joke of a siruf was taken off the black box. No one in the community except for a few baale teshuva even gave it a second thought. When Rbbi Osdoba & Marlow were begged to remove it for the refuah shleima of Mrs. Heller, they refused. The machlokes that this “so called siruf” made was the cause of all the bad tragedies that happened in CH.Who is responsible? There is no black list from Fisher.
    to #2 If you went out against him, why should he give you an apartment? He did the right thing.
    Maybe now there will be sholom in CH and only simchos as this black box put there by the raabbonim caused tragedies even though no one cared about it and ignored it.

  • ch resident

    to #2 if you are so concerned and know that he can help those in need, why did you not fight against this stupid siruf or cherem or whatever it is called.

  • A Crown Heights Story

    http://acrownheightsstory.w

    The Dovid Fischer saga is the story of Crown Heights. The corrupt community leaders of the Crown Heights Jewish Community Council Inc., along with their Rabbonim and allies, dragged the entire community into their communal wars over three decades ago. Since that time, the in-fighting, hatred, and internecine battles, have grown unceasingly. While Dovid Fischer is no longer at the epicenter, the communal wars still rage on. There are new names and faces, and still some of the old ones too but, the same methods of operation have always been used. This includes a corrupt cabal that has maintained control over the mechanisms of local political power and influence. This cabal has been using fear, intimidation, bullying, deceit, bribery, and a myriad of the same underhanded dirty tricks used by tyrants throughout history. These methods have been tested and proven to work over time, as there is nothing new under the sun.

    As illustrated in George Orwell’s seminal book Animal Farm, corrupt totalitarians of all kinds gain their power through focusing on and creating an outside enemy or group of enemies. Maligning and slandering this outside enemy, whether it be Dovid Fischer, Aguch/Krinsky the Shomrim/Hershop brothers, is essential if the cabal is to gain the loyalty of the masses. Fanning the flames of fear and hatred among the people arouses their need and desire for the cabal’s leadership and protection. Help us and support us, the cabal will claim, because if not, the enemies, who are far worse than we could ever be, will take over. Classical scapegoat theory comes into to play as the Dovid Fishers and the Hershkops of the world become the ‘Jews’ of Crown Heights- convenient targets upon whom to place all the blame. No money for community programs? The CHJCC is ineffectual, even harmful to the community? Not their fault! If only the Fishers and/or the Hershkops would get out of their way everything would be wonderful. It’s an old con game however, and the good news is that the con is up. The corrupt ones have overplayed their hand.

    There have been too many good Yidden of our community damaged by the cabal over the past decades. Too many lives have been disrupted, reputations ruined, too many dreams have been deferred, and far too little has been done to make a better quality of life for the people of Crown Heights. Literally a fortune of money has been wasted by the CHJCC and their allies on Machlokes. That was Jewish community money that should have been used to build our community, to help heal and comfort our fellow Jews. Instead, millions of dollars have been squandered by the cabal just to keep themselves in business and in power while they perniciously use the name of the Rebbe and Lubavitch to spread divisiveness, Sinas Chinam, and Chillul Hashem.

    The following pages are just as relevant today as when they were written in 1991. The aftermath of the Crown Heights riots saw the tragic death of an innocent Jew, Yankel Rosenbaum a”h. His death occurred in large part because of the incompetence and corruption of the CHJCC and was the last straw that led to exposing the lies and deceit of the Dovid Fischer story. The truth came out then, as it is coming out now.

    How many more outrageous crimes against the good Yidden of Crown Heights must the cabal commit before the people rise up to assert their rights for truth and justice? How much longer can we sit back and allow the Rebbe’s shechuna and his holy name be dragged further and further into the the shmutz? It is time to get angry. The time for change is now.

    The Beis HaMikdash was destroyed because of Sinas Hhinam. The initial precipitating event was caused by only a few people. Bar Kamtza was able to deface the animal offered to the Romans because he knew the Halacha. A frum Yid with knowledge can sometimes do more harm than one who knows little.

    Some opinions say that the responsibility for the destruction lies ultimately with Rabbi Zecharia because he failed to speak out and stop it from happening when he could have. To remain silent is to condone.

    The silent majority has had enough of this tyranny and corruption. The good Yidden of Anash do not want any more of these Machlokes. Anash is fed up and weary of the corrupt cabal and its decades of Mesira, draining of community money, and neglect of communal needs.

    During the Dovid Fischer saga there was no Internet. If there had been the corrupt cabal would surely have been exposed. The truth is now there for everyone to see. The proof published on WIS is overwhelming. By following the money trail and publicizing many smoking guns, WIS has brought the CHJCC and its allies completely out into the open. They have nowhere to run. Their lies are no longer working. Now is the time to keep exposing them.

  • Don-t understand

    Isn’t it our mission to try keep age-old fights for as long possible? I’m disappointed in you, crownheights.info.

  • Sholom Dovber

    let Yossi Braun come to CH and join the circus.
    The BD of three is a dream.
    Rabbis Osdobo and Schwei may sit and work together, Braun will never be accepted until he comes clean and shows an authenticated Semicha, he earned before the election process.
    This cannot happen because it does not exist.

  • mom

    how will this affect us? Mr Zaki why not work on current things .Like the fact that our kids dont even have the small oholei TOrah pool any more to swim. Whatever happened with the money that was awarded to CHJCC to create a recreation center??????????? Mr Fisher will still give apartments to only who ever he feels like it.So now only the scamming and cheating will just come out in the open since no more cherem. I hope we only gain form this move. Not just lose.

  • Toishev Hashcunah

    Every other Jewish neighborhood has grown by leaps and bounds. Look at Boro park. Williamsburg, Flatbush you can’t even recognize these Jewish neighbohoods from what they were some 25 years ago. The only Jewish neighborhood that was stagnating all these years, and still is stagnating is Crown Heights. You can trace this problem back to the way this neighborhood has treated Dovid Fisher. He was the only one who could have built up Cown Hts. He is the man the Rebbe chose and who has the Rebbe’s koachos to build up C.H. Now that the destroyers of C.H. have admitted their mistake let us hope that Dovid Fisher can be convinced to return and resume his efforts to build C.H. and by making this a peaceful neighborhood may we be worthy of the realization of the Rebbes brocho of Kan tzivah Hashem es habracha.

  • proud of Crown Hdights

    To # 43.
    I have no dog in the Dovid Fisher fight, and I hope Crown Heights continues to know growth and peace etc. I find your comment ignorant of the status of Crown Heights some 25 years ago. I am on shlichus for a bit more than 25 years, and when i come to CH now, I am amazed by its strength and vitality. I am not suggesting that all is good, and of course there is room for improvement in many areas. But you clearly do not remeber when it was uncomfortable to walk on MONTGOMERY and KINGSTON on Friday night after, say, 10 pm., and forget about Schenectady and Carroll! Now I am amazed when I see young girls walking Friday night at all hours from and to meals, friends, etc. Also, 25 years ago, nobody had heard of a street called Maple, or East NY. Nobody lived there, period. Yes, BP and Wllmsbg have grown much more, and for many different reasons. Yes, we should look to constanly improve our schuna, in gashmius and in ruchnius, but it is simply wrong to suggest that we are stagnant.

  • Bad username

    The reason BP and Willy grew so much is that they don’t have young people going on shlichus – they stay near their Rebbes and families. They also have larger families because they marry much earlier and have a better safety net (and less shame about using Federal entitlement programs).