Outside Rabbis Weigh In

By COLlive reporter

A Rabbi whose identity was kept secret was called in to direct the Crown Heights Vaad Hakohol, the community’s elected excecutive body, on how to proceed with the current stalemate over communal leadership.

Elections held to add a third rabbi to the neighborhood’s Beis Din – with a high turnout vote – ended in one side refusing to recognize the mandate of Rabbi Yossi Braun alongside Rabbi Avrohom Osdoba and Rabbi Yaacov Schwei.

Those opposed to the new Rov took the case to a Flatbush Bais Din, headed by Rabbi Chaim Krauss, which sent a restraning order on Rabbi Braun’s employment – even after an inauguration ceremony was held and a contract was signed.

Matters got even more complicated when the special Zabla Beis Din, a group of 5 out-of-town rabbis asked to weigh in on the issue, was dissolved after its head mediator Rabbi Avraham Rosenberg resigned.

Left without answers and direction, Vaad Chairman Zaki Tamir went to an outside authority for counsel and advice.

“I have turned to a neutral Daas Torah from outside our community,” he reported on March 22 on his blog. “In the coming days, I expect to have clear and authoritative guidance on how to proceed, and hopefully bring the chaos to an end.”

COLlive.com has exclusively learned that as of Friday 3:34 PM the verdict from these unidentified rabbis has arrived.

“No outside Beis Din has the authority to intervene in the decision of the Zabla Beis Din,” a source told us it reads.

“Any party who wants to appeal the psak must do so to the Zabla Bais Din itself,” the psak said.

In addition, the rabbi added, “It is forbidden for the Vaad Hakohol to withhold pay, kavod or any privileges of any of the rabbonim, including Rabbi Braun.”

UPDATE – Friday, 5:07 PM EST:

The rabbi’s name is Rabbi Yidel Gruber, head of the Orchois Mishpat Beis Din on Penn Street in Brooklyn who is more known in the kashrus field.

The psak reads:

Since the above mentioned beis din of five has already deliberated and made a psak din regarding accepting the elected Rov and determined that he should take his position [of rabbonus], there is no place for any summons or ikul from any other Beis Din in this matter.

It is clear that it is forbidden for you to withhold the pay or honor due to any of the rabbonim, including Rabbi Braun, unless determined otherwise by the above mentioned zablo.

Anyone who wishes to make an appeal must do so before the zablo, as they have already been accepted, and deliberated and presided over this case.

UPDATE – Motzoei Shabbos, 11:27 AM

Rabbi Binyomin Kuperman of Ramat Gan-Israel, a member of the Zabla Beis Din, was written a letter with the approval of fellow members Rabbi Moshe Havlin of Kiryat Gat and Rabbi Boruch Yurkowitz of Lod.

It reads a follows (translation to English by VoteTamir.com):

1. According to was stipulated on the shtar borrerus, that even if one or two dayonim remove themselves, the zabl”o is still able to pasken, and clearly the zabl”o is still in its full authority.

2. Also, authority is with the zabl”o to make judgements, even after the psak din, regarding conflicts that arise regarding the implementation of the psak and regarding any complaints about the psak.

3. The zabl”o (while still in its original membership) offered Horav Avrohom Osdoba shlita the opportunity to submit his complaints and appeals, and guaranteed that they would be considered. This indeed happened.

4. In fact, we are still obligated to consider many of these things. The Av Beis Din, in his resignation, wrote that if the zabl”o would appropriately convene, then he would reconsider his resignation. This implies that there is, in fact, what to consider.

Because of this, we are notifying both sides that there are two options:
1. To continue proceedings before us, and if we can render a majority opinion then so much the better;
2. To take the proceedings to another Beis Din that will be agreed upon by both sides.

If, for whatever reason, they are not able to exercise the first option, each side will have the right to go to another Beis Din with their claims, and that Beis Din should be regarded as all batei din in Israel, and according to the accepted principals.

It is clear and obvious that if they go to another Beis Din that they may judge only new proceedings and claims, that were not already judged and decided by the zabl”o.

The judgements that were already judged and decided are the two piskei dinim that were written with the consent of the entire zabl”o (even if it might be a majority decision). The first being that of 30 Nissan, 5770 and the second being that of 27 Teves, 5771.

Regarding all other claims, there have been a variety of opinions written by individual rabbonim , obviously they do not have authority of a psak.