Attorney Sheds Light on Hei Teves

By COLlive reporter
Photos by Levik Hertzel

A large crowd of chassidim and bochurim gathered on Motzoei Shabbos Parshas Vayigash to mark and celebrate a milestone in the chronicles of Chabad-Lubavitch: The 25th anniversary of what is known as the “Seforim Case.”

3 figures who were personally involved in the battle over the ownership of the priceless Agudas Chassidei Chabad library shared their respective roles in the case and victory with the participants of the Central Hei Teves Farbrengen.

Both Rabbi Abraham Shemtov, Chairman of Agudas Chassidei Chabad International and Rabbi Yehuda Krinsky, Chairman of Merkos L’inyonei Chinuch and Machne Yisrael gave an account of the legal proceedings from 1985 to 1987 to have holy books from the library returned after being illegally removed by a person claiming inheritance rights.

Another speaker was Rabbi Moshe Bogomilsky, a noted author and rabbinic authority, who in 2007 published a paperback “Hei Teves Didan Notzach: The Victory of the Seforim.”

What has remained somewhat of a mystery to those involved was what was the most crucial document or testimony that convinced Federal Judge Charles P. Sifton that a Rebbe is not a private individual but a communal figure synonymous with the body of Chassidim.

When the attorneys for Chabad, Nathan Lewin of Washington, D.C. and Jerry Shestack of Philadelphia, came to the Rebbe to discuss the case, the Rebbe asked them to work like lawyers and not chassidim, Rabbi Shemtov noted.

At the time, there was a document written by the Frierdiker Rebbe, to Dr. Alexander Marx of the Jewish Theological Seminary’s library about the importance of the library he amassed since 1924. The current Rebbe insisted that this document was key to winning the trial, while the lawyers saw it as secondary.

Clearing any doubts was a guest speaker at the farbrengen: Bruce J. Teitelbaum who joined via live broadcast from his home in the Hamptons. Teitelbaum, known for his role as chief of staff for New York City Mayor Rudy Guiliani, was an administrative assistant to Judge Sifton during the case.

For the first time, he gave his input on the behind the scenes, confirming that notion that led to the ruling based on the idea that a Rebbe is not a private individual but a communal figure synonymous with the body of Chassidim.

“The discussion was about whether a Rebbe could write one thing but not mean it literally,” Teitelbaum said about the Frierdiker Rebbe‘s letter in the 1940s to this Dr. Mark to have Lubavitch owned books returned.

Noting that he was personally familiar with Chabad before-hand (knowing Rabbi Aaron Slonim of Chabad at the Binghamton University, Teitelbaum said it was “an honor and privilege to address the evening.” He made the point of explaining how the judge relied on this document, making it clear that library was “community property.”

Other speakers during the farbrengen were Oholei Torah Rosh Yeshiva Rabbi Yisroel Friedman, South Africa Head Shliach Rabbi Mendel Lipskar and Wisconsin Head Shliach Rabbi Yisroel Shmotkin.

As the Melave Malka meal was served in the Rose Auditorium of Campus Chomesh in Crown Heights, chassidic music was played by musician Yossi Cohen and violinist Yitzchok Hurwitz and 6 of his students.

Participants were urged to mark the occasion with learning chassidus and the acquisition of new Torah books, as the Rebbe instructed.

Related Links:
+ United States Court of Appeals, Second Circuit. – 833 F.2d 431. Decided Nov. 17, 1987