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Orthodox Jew Ordered to Jail for Refusal to ‘Moser’

It seems like there are still Jews who, unlike some here in Crown Heights, still adhere to the Halachic prohibition on Mesira. A 64-year-old Rabbi from Brooklyn was ordered to begin a maximum sentence of 18 months in prison for his refusal to cooperate with authorities in a way that would jeopardize fellow Jews.

From the LA Times:

An orthodox rabbi who refused to testify before a federal grand jury, saying his religious beliefs prohibit informing on fellow Jews, was ordered jailed Friday by a District Court judge for contempt of court.

Moshe Zigelman, a 64-year-old Hasidic rabbi, was ordered to report Wednesday to a federal detention center in Brooklyn. Until he chooses to testify, he will remain behind bars up to a maximum of 18 months, according to federal prosecutors

Zigelman has previously pleaded guilty and served a prison sentence for his role in a tax-evasion scheme by his Brooklyn-based orthodox sect, Spinka. After his release, he was subpoenaed to testify before a Los Angeles grand jury continuing its probe into the scheme.

Citing an ancient Jewish principle, Zigelman refused to testify, telling a federal judge forcefully during a contempt hearing through a Yiddish interpreter: “Because the transgression of mesira is so dire, my mind won’t change until I die.”

In December, in an order that was sealed because grand jury matters are confidential, U.S. District Court Judge Margaret M. Morrow held the rabbi in civil contempt.

Zigelman’s attorneys, who have maintained that no amount of earthly sanctions will compel the rabbi to change his steadfast beliefs and that his 1st Amendment right to religious freedom was being violated, appealed unsuccessfully to the 9th Circuit Court of Appeals.

The rabbi had asked that he be allowed to enter custody after observing Passover, in April. Prosecutors objected, saying March will mark one year since Zigelman was first called to testify and additional delays will require extensions to the grand jury’s term of service.

Morrow ordered him to surrender to the prison March 21.

”The government doesn’t want to be in a position of remanding somebody into custody, what the government is trying to seek is to have truthful testimony in court proceedings,“ Asst. U.S. Atty. Daniel O’Brien said Friday. ”All people who are percipient witnesses to facts that are relevant to criminal matters have a duty to testify when called to do so before a grand jury.”

An attorney for the rabbi could not be reached for comment.

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42 Comments

  • dont judge everyone by a few

    trust me there are still plenty of people in CH that will go to jail for not mossering.

    Its just one group if people and we should not judge everyone based on this one group

  • esther

    The courts need to give him a fair chance and he should have the right to spend passover with his family. he is a religious jew and they are being discriminitive to his beliefs

  • Dovid

    Apparently Moshe Zigelman needs a refresher on Choshen Mishpat 388 along with Baba Kama 113b.

  • disappointed

    You expected any different out come with the 9th circus of schlemeels? The 9th circuit is one of the worst

  • The fifth son

    May he be able to drink the fifth glass of wine this Pesach with his family in freedom

  • Margaret M. Morrow, Google this!

    Make him Mayor of Crown Heights!

    I would sooner trust this man than any of our so-called leaders. He did something wrong, admitted it, took his punishment & now is being punished again. This witch judge is the one who belongs behind bars for abusing her office.

    Is she so stupid she thinks a truly frum guy will be more afraid of jail than G-d? Or does she just want to be right?

  • OFFENDED

    Who the h— do you think you are? writing “unlike some people in crown heights. As if people from LA, florida, israel, australia, Dont. I know personally 3 people ”from crown heights” who sat in jail because they did not moser. The only reason why they sat was because of that. I cannot say the same about the 10 jews from LA. So yes people do moser, but I think you should retrack your first sentence.

  • Tziporah

    There are people who do very bad things in ch who should
    Actually be reported to the authorities and
    They harm other Jews and stuff like that and
    Get away with murder – I think that every situation
    Is different but I’ve seen someone doing really
    Bad stuff …!

  • wrong of you ch.info!

    You’re posting an amazing story of a person going on Mesiras Nefesh to not be C“V a Moiser, but you can’t hold back from letting out a nasty comment along the way! Hold yourself back! Have some self-control! We know very well your opinion about the ”Mesira“ that you claimed happened to you in CH, and since it was targeted against you that’s why you can’t hold yourself in and every opportunity that arises to bring it up, you take! That is not the way of Chabad. Forget about it, it’s over!
    I’m sure you’ve learned the Rambam about Netirah, When you ask someone to borrow something of theirs and they refuse and then they come asking to borrow something of yours, and you give it to him, you should not say ”Here it is, I’m not like you who wouldn’t lend it…”
    The same would apply here, and even more so, since this is not just between the 2 of you, rather you’re publicizing it on the Internet for all to see!

    Now, the way i’ll know that the truth hurts, is if you don’t publish this comment, I’ll be checking back tomorrow!

  • runkel

    im not religious anymore but id love to hear the real halachos of mesira when it applies and when it doesn’t. My guess would be it only does apply when someone is being singled out, or being accused of only because of his/her belief. But if the person did do a crime why should the person not sit in a prison cell any random person who does the same crime. As in since when is a jew immune from punishment?

  • Milhouse

    Dovid, what the @#$% are you talking about? Neither of the sources you cited give any heter for mesirah. A mosser is the most disgusting thing in the world, and may be killed by anyone who has the opportunity to do so and get away with it. Every day we say “velamalshinim al tehi sikvoh”.

    And #12, since when is it permitted to forgive a mosser? It’s like “forgiving” a scorpion. You’re endangering his next victims.

  • Shomrim Six #1

    “Forget about it, it’s over!”

    Comment #12 writes “Forget about it, it’s over” to one of the Shomrim six who only two years ago sat on trial with 5 brothers, facing 15 years jail.

    In response to his ignorant statement I say this…

    Since we are forgetting about things, let’s just forget about being Jewish and everything that being Jewish stands for…Let’s see…

    We spend a week in a hut (Sukka) to remind us of how our great, great, great, great grandparents sat in a hut when they traveled the desert many, many, many years ago. LET’S FORGET ABOUT IT AND MOVE ON! after all we have such nice houses.

    Then we celebrate a holiday called Chanuka, on this day we celebrate a miracle and victory from way, way, way back. We will relate the story to our children of how we were appressed and prosecuted for being Jewish etc… TIME TO GET OVER IT MAN, WE LIVE IN THE GREATEST COUNTRY IN THE WORLD, THE U.S.A., WE ARE FREE, TIME TO MOVE ON MAN! WE HAVE ‘FREEDOM OF RELIGOUN’ MAN.

    Then we will move onto celebrating the holiday of Purim, again telling a story about an evil man who wanted to wipe out the Jews etc… A THING OF THE PAST, LET’S GET OVER IT, WE IN THE YEAR 2010, MOVE ON. FOR G-DS SAKE, HAMAN HAS BEEN DEAD FOR HUNDREDS OF YEARS NOW! WE ARE FREE!

    Pasach, we were slaves etc…etc…etc… who needs all the details, it’s over, we were freed long ago, it’s in the past, time to move on.

    THE THREE WEEKS; THE 9TH DAY OF AV ETC…. ALL THESE DAYS AND HOLIDAYS TO REMIND US OF THE PAST… SOME VICTORIES SOME DEFEATS…FOR G-D SAKES LET’S JUST MOVE ON AND FORGET ABOUT IT!

    And if your Chassidic, forget about it, every Monday and Thursday you got some other day to remember something that took place in the past. This Rabbi went in jail and came out of jail; this Rabbi came and this Rabbi went etc…etc….

    LET’S JUST DROP IT ALL AND LIVE WITH THE TIMES, RIGHT?

  • Shomrim Six #2

    Response To comment #12

    1. You seem to be offended about CH.INFO brining up Messira, why is that?

    2. The Shomrim Six Messira/Blood libel was not targeted against those specific six shomrim volunteers, they were just the sacrifices. The Messira on the Shomrim Six was meant to be an example to all of Crown Heights. Had the Mossrim g-d forbid gotten their way, we would be hearing the following from the Mossrim on a daily basis..
    “If you don’t get in line and do as we say, we will lock you up like we did the Shomrim/Hershkops”.

    In other words: Shomrim Six messira was an attempt to gain power, by way of intimidation and threats.

    3. Based on your attitude, it seems your only regret about the Shomrim Six blood libel is that they were not convicted and sent to jail.

    4. Your brining up the Rambam to make your point is totally wrong and misplaced. For one thing, how convenient of you to suddenly find the Rambam and your moral clarity. Where was all of this when Jewish blood was spilling on are streets? Where is it now, when Jewish blood still stains our streets?

    If you are brining up the Rambam, then I suggest you… (a) Study what the Rambam says about what is a Mosser and what should be done with a Mosser (b) study the Rambam when he talks about Teshuva/Repentance, asking forgiveness and repaying the damages you caused etc…and then come back to discuss the Rambam.

    5. Paul Levi Huebners and Elie Poltoraks $144 million Dollar lawsuit is still in court. Just by the way.

    6. Forget about it? Again, how convenient of you to say that now (after you failed in your Messira) NEVER NEVER WILL WE FORGET ABOUT IT. MOVE ON WE HAVE, BUT FORGET WE WILL NOT! THERE WILL BE JUSTICE, ALL THE MOSSRIM WILL PAY THE PRICE! THERE IS A MASTER RUNNING THIS WORLD!

  • I wonder

    …did he find G-D in jail? Please do not forget that he is a convict.
    We don’t know what his testimony would be. Would it incriminate him further? Is he protecting random others or close family?

    #9 The moisrim of CH were not part of a joint scam that wanted to save themselves some jail time. They outright made FALSE accusations and reports to the police and yiddin almost sat in jail for many years. I guess all the lawyer fees were pidyin shvoyin. (excuse the spelling)

  • Nebach

    It seems from this article the severity of being a moser. The rambam states that everyone must be aware of the moser and goes further to say that the moser must be killed . Due to todays criminal penaltys for murder I will leave corperal punishment to Hashemite , but I am obligated to tell all that havnt allready suffered from his mesora that shalom ber goldstein is a huge moser and everyone should be cautious around him.

  • A TRUE ROLE MODEL

    EVERY YID SHOULD BE MESIRAS NEFESH (SELF-SACRAFICE EVEN UNTIL THE END) LIKE HIM. RABBI IS STRONG

  • hbshmoe

    Why put such a cynical preface to a story involving modern day mesiras nefesh? Just post the story and anyone who remains truly loyal to Torah will be inspired by it. I remember some 40+ years ago ahen the misnagdim were going through people being moser and two yidden were arrested for misallocating govt funds to pay rebbeims salary in the yeshiva instead of lunch money and more. One, P**n**r, refused to moser and sat along time. Whenever people criticized him for stealing, Dina dmalchusa, etc. R’ Moshe would cut them off by saying that the mesiras nefesh of this Yid clearly cleansed any aveiros he may have had in this world and that he must be referred to with the reverance rserved for a tzadik.

  • He fits right in

    Child molestation, rape, murder would he refuse to testify if he knew the truth in these cases? Sure why not halacha over rides all civil laws.

    Blacks are told not to tell police about black crimes and he fits right in just like them. Then you wonder why there is so much antisemitizim.

  • ch resident

    There are way too many people into mesirra in crown heights.

    What about shuchat who massered?

    what about hershkop who was massered upon?

    what about the play group that was masssered upon by a neighbor Yid?

    It is terrible. We should know that no good comes from that. This affects people in their health, shidduch, children etc. So everyone be careful. People curse the mosser without knowing who it is but the one above does and chas v’sholom what could happen.

  • Hashgocho Protis

    today rambeam first halocho:
    We may not draw up a covenant with idolaters which will establish peace between them [and us] and yet allow them to worship idols, as [Deuteronomy 7:2] states: “Do not establish a covenant with them.” Rather, they must renounce their [idol] worship or be slain. It is forbidden to have mercy upon them, as [Deuteronomy, ibid.] states: “Do not be gracious to them.”

    Accordingly, if we see an idolater being swept away or drowning in the river, we should not help him. If we see that his life is in danger, we should not save him. It is, however, forbidden to cause one of them to sink or push him into a pit or the like, since he is not waging war against us.

    To whom do the above apply? To gentiles. It is a mitzvah, however, to eradicate Jewish MOSRIM- traitors, minnim, and apikorsim, and to cause them to descend to the pit of destruction, since they cause difficulty to the Jews and sway the people away from God.

    and this mosrim who spent 2 years and by the grace of GOD failed
    are to be eradicated soon.

  • Yaakov Spritzer 311 Recording #1

    No introduction and commentary needed, now presenting the Mosser and Ganef Yaakov Spritzer’s 311 Mesira recordings:

    http://www.youtube.com/watc…

    And Spritzer noch is from the “leaders” of the Meshichist movement (?)

  • Terrible article

    BS”D
    Why bash a person who is trying to keep Torah and Mitzvos?
    He doesn’t want to be moser,
    what next? A jew that wanted to keep Shabbos will be framed?
    Isn’t this a Jewish site?

    MOSHAICH NOW :)

  • Milhouse

    #23, Yes, halacha overrides all civil law. If you don’t accept that then go shmad yourself and get off this site, because none of your mitzvos are worth anything.

    #15, the exceptions are narrow. If someone physically assaults you, you may masser on him. If someone is doing you damage right now (e.g. a loud party in the middle of the night), or you are reasonably afraid that he will do so imminently, and he won’t stop when asked, then you may call the police to make him stop; but if he has already stopped then you may not masser just because of what he did five minutes ago. Similarly you may go to court to get an injunction to prevent damage that is currently happening, but if the damage has already been done and it’s too late to stop it then you may not go to court.

  • GG

    “Go shmad yourself”? This from someone who’s repeatedly claimed that we have what to learn from Yoshke, and therefore who’s already halfway to shmad himself? Do us all a favor and stop passing yourself off as some kind of frum chassidishe Jew.

  • DeClasse- Intellectual

    This is a very explosive issue in Halacha with numerous ramifcations. first, it neither a religious issue, nor a constitutional issue–it is a criminal issue. The person is a convicted felon who served time for a criminal activity; and, as such, his knowledge of that activity and his refusal to relay information has become a criminal matter. And, as for Pesach–what would he do next year because it is 18 months or else?
    The bigger issue which Has been ignored is what can we do or what do we have to do in this area “rating out fellow Jews” when there is a real problem;i..e., if the person is a sexual preditor of children, a wife beater, a colisit rapist etc. Do you walk away without informing anyone especially if it is assumed that your fellow Jews do not want to know about this isssue? So, you say nothing, then are you guilty to what occurs to their victum? So how do you draw the line and determine what you should do? Suggested reading, INTRODUCTION TO JEWISH FAMILY LAW–this is duscussed in an intersting case there in.

  • Dovid

    Perhaps those here need to learn halacha. According to the Tzitz Eliezer when you have a just government the issur of mesira does not apply.

  • Fed Up

    This rabbi committed a major chilul Hashem by participating in a white collar crime, such as tax evasion. It is bad enough when anyone commits such crimes, but it is even worse when Jews, especially orthodox Jews have a role in it. But no doubt, the communist L.A. Times probably blew the story about this rabbi’s role of tax evasion out of proportion and made it seem worse than it already is.

  • crownheights.info-s issue...

    …is that anything that they post has to be dented in a negative light in order to attract more comments and politics debates

  • #28

    #28 omg i just tuned into the YouTube on that mesirah I CAN’T believe my ears its truly his voice. Such hate such hate. Even if your fighting over property how low can one get. You see hear who’s the lowest of the lowest. The fact remains hurshkop never did 1st only after that had no choice but to defend for them selfs and third all recordings to prove it

  • Milhouse

    #33, Dovid, maybe you need to learn halocho. The issur of mesirah has no connection with whether the government is just or unjust. There is no mention of such a connection anywhere. If Tzitz Eliezer says otherwise, so much the worse for him; since when does he decide the halacha?

  • Milhouse

    GG, Jesus was a frum Jew who despised mossrim. If you think the government’s law can ever override halacha then you’re worse than Jesus.

  • GG

    Milhouse:

    Please go get yourself an airline ticket and fly out to Jerusalem, to Har Hamenuchos, and gather a minyan at the grave of R. Waldenberg to ask mechilah for your gross disrespect to him. What kind of nonsense is this, “so much the worse for him; since when does he decide the halacha”? Do you even know who the Tzitz Eliezer was? He was a distinguished posek, someone who actually knew all four sections of the Shulchan Aruch plus the “fifth” one – not like you, a bored baal machlokes who sits at his computer and trolls and tells other Jews to “go shmad themselves” because they don’t agree with your version of Torah, probably based on something that you read in a parshah leaflet.

    Your last reply is nonsensical too (although I can be mochel on my kavod; R. Waldenberg is no longer alive to do so). Where did you find me taking a position on whether secular law does or doesn’t override halachah? I am simply saying that you, who holds of Yoshke as a bar samcha, have absolutely no business calling someone else’s Yiddishkeit into question.

  • Milhouse

    #41, lo mipiv onu chayim. R Waldenberg may have been many things, but he has never been the posek hador, or even a major baal deiah in how we decide halacha. Occasionally if one finds a svoro in Tzitz Eliezer that supports the conclusion one is leaning towards anyway, one can cite him as a support, but he has never ever had the status of a mokor whom one can cite as a clinching argument in a dispute, as you attempted to do. Nobody is under any obligation to pay the slightest attention to his words, let alone to defer to them. He never had that status during his life, and he does not have it now.

    As for my opinions on the historical character of Jesus, they are irrelevant. You are begging the question, assuming what you have to prove. You assume that he was a bad person, and therefore you attack anyone who disagrees with that assumption; but you have no proof. You are choshed biksheirim, ascribing apikorsus to an observant Jew with no basis. The commenter I addressed, OTOH, wrote clear apikorsus. He claimed that the civil law overrides halacha. If that is really what he believes, then his entire yiddishkeit is worth nothing at all.