The Sara and Morris Tugman Bais Chabad Torah Center in West Bloomfield, MI.

Michigan Head Shliach to Supreme Court: Chabad Essence Is Hierarchical Authority

After losing an appeal to Michigan’s Supreme Court last May, which dismissed his lawsuit against the Bais Chabad Torah Center in West Bloomfield, Rabbi Berel Shemtov has filed an appeal to the United States Supreme Court in a last-ditch attempt to gain possession of the deed to the recalcitrant Chabad center.

The following article appeared today in the Detroit Jewish News:

Click here to view as PDF. Click on image below to enlarge.

DJN article going to U S Supreme Ct 1 8 2016-page-001

 

44 Comments

  • $$$$

    THREE lawfirms? Not knowing anything of the case, I have to say I agree with Rabbi Silberberg – all that money being spent on a long shot?

    Even though ideologically I do not agree with Rabbi Silberberg, I can’t help feeling that Rabbi Shemtov’s chickens are coming home to roost. When I appealed to Rabbi Shemtov nearly 20 years ago because one of his shluchim fired my daughter for committing the crime of getting engaged & refused to pay her what they owed her…. he refused to help. So it’s good to see he is getting thwarted in his attempts to win a losing battle. No sympathies.

  • In honor of the Rebbetzin

    In honor of Rebbetzin’s Chana’s birthday this coming Shabbos, may we realize that the Rebbe appointed head shluchim in each state and thus the flow of brochos from the Rebbe are through the shluchim he appointed. So how does it make sense for people to not want these brochos? Why are there so many ‘mushrooms,’ including in Michigan? Don’t they want t more brochos from the Rebbe? So why do they think they should not listen to the ones the Rebbe put in charge?

    • Milhouse

      Maybe because they don’t believe the Rebbe authorized these so-called “head shluchim” to demand all the property of every Chabad House be put in their names. People donated to their community, not to buy a building for Rabbi Shemtov; if they knew the building would be signed over to him they would never have given anything.

    • avraham

      before JUDGING another yid maybe you should listen to the other side first
      maybe????

    • in Honor

      and maybe in honor of the rebbetzin they should drop their MACHLOKES!!!
      and you shouldn’t call names about other jews (mushrooms)

    • LOL

      where did you pull this non sense out of? Is that what Zaide Beryl told you?

      Nebach, you ppl have your own religion

    • darf fulgin demand Rebbin

      There’s a mission statement created by the Rebbe outlining the objectives of Merkos L’inyonei Chunuch. This can be found in the back of some of the older sidurim printed by kohos (probably pulled from the later editions because it is so obvious how off course Merkos’ focus has become).

      The first 3 objectives relate directly to the chinuch of Anash (it lists BR and TTL by name). The fourth one will surprise most readers and will let you look it up yourselves. This whole supposed “hierarchy” has gone off course. When Merkos puts more than 60% of its energy and re$ources into its main objective, we can then discuss this concept of hierarchy, head shluchim, etc.

      Merkos and any shliach, from the smallest minion to the tallest head shliach is not above the Rebbe’s clear directives Chas v’sholom!

  • World

    re·cal·ci·trant
    rəˈkalsətrənt/
    adjective
    1.
    having an obstinately uncooperative attitude toward authority or discipline.
    “a class of recalcitrant fifteen-year-olds”
    synonyms: uncooperative, intractable, obstreperous, truculent, insubordinate, defiant, rebellious, willful, wayward, headstrong, self-willed, contrary, perverse, difficult; More

  • So sad!

    Where are all the other ‘Head Shluchim’ who have sechel? Why can’t they put a stop to this shod of yiddisher gelt, charity money that is being wasted.

    Does he have a mashpia, did he think this one through?

    The Torah Center is independent of Shemtov, as in most Chabad Houses. It has to stop.

  • Sooo embarrassing

    R’ Shemtov, please stop. You have dragged cHabad through the gutter long enough. The essence of cHabad is ahavas yisroel. How distorted of you to make it all about your power and authority.

  • WHATS WRONG

    with these guys?? the dont care that they bismirch the name of the Rebbe?

  • Interesting

    Meanwhile I thought the essence of chabad was ahavas yisroal and Dinah bitachtonim etc. I guess you learn new things every day…

  • c..fan

    thank you again chinfo for hanging all our dirty laundry outside for everyone to see

  • speachless

    why… oh why…..

    hey… psssss….. did you know frum yiddin go to a beis din?

    • Milhouse

      Because it’s impossible to find an honest and unbiased beis din in such a case, especially if you have to choose only from among Anash.

    • K

      Yesh din v’yesh dayan. If there is a will there are plenty of batei dinim – (starting for example with Mochon L’Horoah of Monsey, but there are dozens of honest respected batei dinin – if there is a will).

    • Milhouse

      The Rebbe said that cases involving Chabad mosdos must go to botei din of Anash, so there is no way Berel would agree to go to any other beis din. And to find a beis din from Anash that is honest and without bias to either side is very difficult.

      Remember the shul doesn’t belong to Rabbi Silberberg, and all decisions are up to the board, not to him. Certainly if I were on the board I would be very reluctant to put my shul’s future in the hands of such a beis din.

      So there was no choice but to litigate this in court.

    • Ilan, a member there

      The property was bought by the members, it’s own corporation, independent of Chabad.

      The rabbi is an employee of the corporation. Shemtov has been using the hierarchy arguement, and believes that everything that the members paid for, and have spent their own money for improvements for belongs to him.

      This is all about a personal vendetta against our Rabbi. As a result of this vendetta our shul has had to spent a lot of money to fight his attempted takeover.

      I realize that lawyers have to eat too, but this is ridiculous. I can assure you that we can find better ways to spend this money than on legal fees.

      It’s been estimated that Shemtov has spent over $1 million by now for all these lawsuits to take over our shul.

      I ask you did contributors give money to Chabad of Michigan so he can use it to takeover a synagogue, claim it as his, and get rid of the Rabbi, whom is loved by his members?

      Even if he did win, G-D forbid, he will get an empty building. We would move.

      What is a true shame is why his quest for naked power isn’t stopped by the HQ? And the reason is because the umbrella organizations consists of his family, and friends.

      It’s time for the Politburo to go.

    • K

      I seem to recall that when Crown Heights needed a din Totah about the community rabbonim, they used Monsey Dayan Rabbi Avrohom Rosenberg – a non-Chabad chief dayan b’tziruf a zabla or Chabad dayanim.

      So there seems to be a heter to bring in “shchitas chutz” – an outside bais din.

      Maybe they “kashered” Rabbi Rosenberg with bitul b”Rov”!

    • Milhouse

      And look how “well” that turned out. It really should be enough to give one pause before doing it again.

      In any case, even if it had turned out perfectly Berel is not going to go to a non-Anash beis din, and the fact that those people in Crown Heights did just serves to confirm what he’s always thought about their lack of hiskashrus.

  • Leo de Toot

    The Supreme Court won’t resolve the issue directly (unless they refuse the case which will mean the decision of the lower court will stand). If they even hear the case (unlikely) they will merely rule on a narrow legal issue – the relationship between religious and civil court regarding the statute of limitations – and then refer the matter back.

  • To #2

    1) whats the connection with the honor of rebbetzin chana ??
    a head shliach who conducts himself this way is anything but not honoring rebbetzin channa !!
    and for the record if a HS makes a big sin for example which is the opposite of his shlichus and he is doing it continuously would you still say that the “brocho“ comes through him ??

  • disgusted!

    We unfortunately have a big machle in Lubavitch today it’s called “HSD” Head Shliach Disease

  • With all due respect

    to a head Shliach. Put the word HEAD – Chochmah, Binah and Daas into your Shlichus and you will realize that this must STOP IMMEDIATELY!!!

  • The Rebbe's message

    The Rebbe wanted us to spend our time spreading light, but even head Shluchim are human’s who could have missed that point, and can spend their time fighting, what they perceive as “darkness”.

    CrownHeights.info please don’t post these types of stories, you are just making the darkness even greater, and reversing the trend the Rebbe wanted to create.

    The Rebbe taught that we fight darkness with turning on a small light, not with trying to sweep away the darkness.

    Please only bring light to these pages; this in turn will inspire your readers to bring even more light to the world. You have the amazing opportunity to take a leading role in the revolution the Rebbe created. Which will continue to grow one person, and one action at a time, with unparalleled results, until the entire world will be pure goodness and kindness.

    • K

      In the middle of the night, when the light in the kitchen is turned on, you see all the cockroaches scurrying to hide.

      CrownHeights.Info – keep turning on the kitchen light to expose the cockroaches!!

      Only mushrooms want to remain in dark damp places. And sometime a Head Shliach can be no different than a mushroom.

  • May all continue their good work

    May all continue their good work and keep the communities out of their dispute.
    Moshiach Now!

  • Remember Cali?

    Rabbi BSE Cunin won in court to force a recalcitrant shaliach to resign (get fired) and lose his magnificent Chabad House.

    How can Rabbi Cunin win and Rabbi Shemtov lose in court?

    • Stuart

      Rabbi Cunin took the congregation to a bais din, won in bais din, and then was able to have a secular court enforce the bais din’s judgment.

      Shemtov DID NOT sue Rabbi Silberberg’s congregation – a Corporation – or its officers and directors, in bais din first. Shemtov took Rabbi Silberberg to bais din. Shemtov sought authority to sue the congregation from a bais din. This authority was DENIED because the congregation was never summoned to bais din.

      Rabbi Silberberg is an employee of and not the owner of his shul. Therefore, Shemtov has had no right to sue Rabbi Silberberg’s shul in secular court. Shemtov HAD to lose.

      Were it not such a disgusting act in suing the EACH AND EVERY officer and director of the congregation PERSONALLY (each was named individually and personally, though none was ever challenged by Shemtov before a bais din, let alone the congregation), I would say let the litigation go to a public trial, where Shemtov’s lies and utter perfidy could be publicly aired. But thank goodness, that won’t happen because Shemtov’s case was dismissed and the dismissal will stick no matter how much money he spends.

      Lubavitch has no hierarchy capable of forcing Shemtov to cease and desist from this lawsuit. If there ever were a trial, it would be shown that NOT ONLY IS THERE NO HIERARCHY, but that Shemtov, in arguing before a secular court that there is a hierarchy, IGNORES THE SAME ALLEGED HIERARCHY’S DENIAL OF PERMISSION TO SUE THE CONGREGATION in secular court.

      What irony.

    • Stuart

      “How can Rabbi Cunin win and Rabbi Shemtov lose in court?”

      Great question; simple answer.

      Rabbi Cunin sued the owners of the Chabad of Marina Del Rey in bais din. The secular court enforced the judgment of the din torah.

      Shemtov sued only Rabbi Silberberg, who is not the owner of his shul – he is the shul’s employee with no power to do anything with the shul property. Id Rabbi Shemtov were to win against the owners of a shul whose owners he never sued in bais din, having absolutely no right to take the owners to secular court, THAT would be a huge injustice.

      Shemtov was told explicitly by the bais din against Rabbi Silberberg that Shemtov was not permitted to sue the Shul. Shemtov did so anyway.

      THAT is why Shemtov should lose in court.

  • CCBilo

    This sounds like a big joke. (Todd) Mendel?!?! I love it.

    Bottom line – Rabbi Silberberg is doing more of what the Rebbe wants than from what Mr. Hierarchical Authority (Rabbi B.S.) wishes he’s ever done. Shlichus isnt about owning buildings, success in Shlichus doesnt have to lead you to the bank!

    Match it up, back to back, look what this Rabbis are after!

    Charity vs Real Estate

  • To Milhouse.

    Your facts are wrong though unfortunately your statements are correct.

    Semtov and Silberberg did go to the Lubavitch Bais Din which unfortunately was high jacked by Rabbi B. who runs roughshod over the other Zablos and writes what he wants to. Unfortunately his Psak was ridiculous and unenforceable as the Psak was that Rabbi Silberberg should “make every effort to give back the Shul” to Shemtov. However Silberberg never gave the Shul to the Board as it was never his to give. They started the Shul even before Silberberg was here and the Shul was NEVER in the name of Rabbi Shemtov or Bais Chabad of Michigan but was incorporated under the Board.

    To give a Psak that Rabbi Silberberg should give the shul to Rabbi Shemtov is the same as telling Rabbi Silberberg to give the Brooklyn Bridge to Shemtov. Silberberg is the owner/boss of neither
    The Rabbonei Chabad wrote a number of times that Shemtov has no permission to take the board to court as they were never summoned to a Bais Din and they, the board, expressed their complete willingness to go to a Din Toiroh with Rabbi Shemtov.

    Rabbi Shemtov did not want to take the board to a Din Toiroh even before a Lubavitch Bais Din as he knew he had no case. Saying that there is a hierarchy in Chabad and that any building that is called Chabad, even if it was started and funded by private Baalei Batim, as a separate corporation, does not automatically belong to the “Head of State” which by the way is not a creation of the Rebbe but rather a creation of the “Heads of State”

    Any Shliach who spent his life building a building, raising the money and putting his heart and soul into it risks having his building and livelihood and community stolen from him under the capriciousness of the Head of State who can at will claim the building as his and fire the Shliach.

    Therefore Rabbi Shemtov did not take the Board to a Bais Din and instead against the Psak of the Bais Din he took the Board to secular court. In all likelihood his hatchet man pressured the Agudas Horabonim to give a Heter to go to secular court without knowing that the Vaad Rabonei Lubavitch gave a Psak not to go to secular court. They made no inquiries to ascertain what the true circumstances were before issuing their letter. Shame on them.

    Rabbi Shemtov has at his disposal millions of dollars, (for which he is now being investigated by the FBI) and is mibazbaiz kol ho’oitsrois to win the case or to simply harass and force Rabbi Silberberg to come up with huge sums of money to defend the Shul.

  • Ilan, a member there

    Actually General Secretary Shemtov took R Silberberg to a bais din. The bais din ruled that R. Silberberg should try and convince the board of directors (whom represent the corporation) to turn over the deed to General Secretary Shemtov.

    R. Silberberg never owned the deed.

    So the board of directors held a meeting and even invited the general secretary, whom didn’t show up. R. Silberberg made a case about turning over the deed, and board said no.

    That should have been the end of it.

    Instead the general secretary in his quest for naked power didn’t care about demonstrated that he didn’t care about Jewish law and took the case to secular court and sued the board. The lower court didn’t even hear the whole case, but ruled solely on the fact that it was past the statue of limitations.

    The other court rulings are based on the statue of limitations.

    You can’t claim other people’s property years later when they have already spent a lot of their own money, not just on the building itself, but on improvements. That’s why there is a statue of limitations.

  • Ilan, a member there

    The other issue ruled by the court, was that the board of directors was never part of the bais din arbitration agreement, therefore the claims couldn’t proceed against the board.

    Shemtov sued R. Silberberg, not the board in bais din, and thus the board wasn’t part of this agreement.