We are dedicated to furthering the Rebbe's goals for creating a neighborhood suitable to greet Moshiach and hasten his coming. To this end, we support the Crown Heights Beis Din Tzedek and the Vaad HaKohol, and the Rebbe's directives concerning them.
Pages
- Home
- Time Line of Current Rabbonim Machlokis
- Psak Din of Rosenberg Zabla
- Psak Din Concerning Rabbi Braun's Semicha
- Shtar Birurin - Arbitration Agreement and Translation
- Vaad HaKohol's Motion to Record Psak Din - April 13, 2011
- Psak Din Court Case - Summary and Documents
- Rabbi Osdoba Sues Rabbi Braun, May, 2013
- PsakDin Court Case - Kashrus Motion 7/4/13
- Psak Din Court Case - Decision and Judgment 10-15-13
Wednesday, June 26, 2013
Update Posting on Psak Din Court Case
In response to several questions from readers asking for an update and other questions about the Psak Din Court Case, we have updated the tab above "Psak Din Court Case - Summary and Documents" with more documents and an explanatory summary. We hope this will answer the questions we have received. We are grateful to our readers for their feedback.
Sunday, June 23, 2013
Analysis of the Pashkvil "From Under the Desk of the Badatz"
Analysis
of the Pashkvil
We are presenting here
some answers to the recent pashkvil that was disseminated as part of
the series of personal attacks on Rabbi Braun called “From Under
the Desk of the Badatz”. The pashkvil is full of such outright,
and easily disproven, lies, distortions, and calumnies, that it
should require no response. Yet, based on the principle that “the
bigger the lie, the more some people believe it”, it would seem in
order to point out its deceptions clearly. Most of the issues it
raises are clearly shown as lies by simply referring to the documents
already on the site.
It should be pointed out
that many people feel it is common knowledge who the author of the
pashkvil is, and that he is a signatory on the Shtar Birurin. If so,
he would appear to be “m'sarev the Beis Din," for this pashkvil, as
well as many more matters.
Charges
Made in the Pashkvil
I. Fitness to be on the
Beis Din
- Rabbi Braun does not have Semicha
- Rabbi Braun does not have shimush.
- There was no letter of recommendation.
- He did not meet the age requirement.
- He left his position in Sydney against the Rebbe's instructions.
Answer:
All these objections were made to the Rosenberg Beis Din Zabla. All
five Rabbonim heard the issues and discussed the case. All parties
agreed to be bound by the decision of the Rabbonim and signed on the
Shtar Birurin which can be found in the tabs on top of the screen.
The Psak Din is also found in the tabs on top of the screen. In
brief, it says that Rabbi Braun's semicha is valid, and that he was
properly elected. Furthermore, all the Rabbonim must serve with him,
and the kehilla is obligated to give him the proper kovod as Rav.
- Rabbi Heller was thrown off the Beis Din.
Answer:
It is well known that Rabbi Heller resigned from the Beis Din many
years ago, [as is even recounted in the pashkvil in the prior
section!] and, despite many attempts to bring him back, including
just before the elections, he refused. Furthermore, anyone can ask
him directly, and Rabbi Heller will tell them this.
III. Rabbi Zinner's
letter of semicha was forged, and Rabbi Zinner confirmed this.
This section also
accused Rabbi Rosenberg somehow of complicity in fraud, as well as
that the psak din confirming the semicha was only from Rabbi
Rosenberg.
Answer:
This is the same answer as point I. Above. The complete Psak Din is
in the tab at the top of the screen. It should also be noted that
continuing to make these charges after the psak din was issued, and
in light of signing the Shtar Birurin, amounts to being in the
category of mesariv the Beis Din. It should also be noted, that when
Rabbi Zinner was asked about Rabbi Braun's expertise in Torah and
ability to rule on Torah law, he answered “Maybe better than me.”
Anyone can verify Rabbi Zinner's opinion of Rabbi Braun's
qualifications by asking him directly.
However, when Rabbi
Zinner was put under tremendous pressure by certain elements in the
community, he asked that the Semicha that he gave not be used to
contribute to machlokis in the community. This issue was adjudicated
by the Beis Din Zabla (see the Psak Din above) and it was ruled that
the semicha is valid.
- Rabbi Rosenberg resigned from the Beis Din Zabla, and “members of the community” had the right to go to a different Beis Din. Specifically, they were allowed to call Rabbi Braun to the Beis Din of Rabbi Kraus.
Answer:
Rabbi Rosenberg did not resign, on the contrary, he committed himself
to continuing the Din Torah. However, he made several conditions.
First, he wanted everyone to be present in person, (not to hold
hearings on the phone,) all the Rabbonim and both sides. Second, he
wanted all parties to agree to come, not that hazmonos would need to
be issued. Third, all issues that either side wanted to bring up
would be heard and rulings issued. In fact, a date in mid-August
was agreed to by all parties.
This means that there
is an ongoing Beis Din that is in the midst of adjudicating all
issues and that both parties accepted their authority. Obviously,
any claims to the contrary are false, and no other Beis Din can
interfere, and certainly not issue binding hazmonos or rulings.
- Rabbi Braun, after Rabbi Rosenberg allegedly resigned from the Beis Din, served Rabbi Osdoba with a lawsuit.
Answer:
Although the pashkvil is full of outright lies, this is probably the
biggest among giants. The only legal actions pending are:
- The motion to record the Rosenberg Beis Din findings in the Courts, which the Beis Din explicitly specified, and which Rabbi Osdoba is fighting in the Courts. See the tabs above.
- A lawsuit that Rabbi Osdoba filed against Rabbi Braun. See the tabs above.
Wednesday, June 19, 2013
Rabbi Braun's Semicha
In light of the recent pashkvil attacking Rabbi Braun, we are here reprinting the summary of the Psak Din of the Rosenberg Beis Din Zabla concerning the validity of Rabbi Braun's semicha. The entire Psak Din can be found in the tab at the top of the page.
Summary
of the Psak Din Concerning Rabbi Braun's Semicha
The primary complaints
to Rabbi Braun's election were:
(a)
There was insufficient time between the announcement of Rabbi Joseph
Shaya Braun's candidacy and the elections; this prevented people from
conducting necessary clarifications.
(b)
Rabbi Braun does not have a Yadin
Yadin semicha.
(c)
He also does not have a Yoreh
Yoreh semicha.
- A ruling of the Rebbe of Lubavitch zt"l forbids a rabbi from leaving his congregation and receiving a rabbinical position in another congregation.
The
rulings on these issues are:
- In our opinion, the first objection has no real halachic basis and cannot invalidate the elections.
- When the original elections for the Beis Din were held, of the three elected Rabbis, two of them had only Yorah Yorah semichos, and did not have Yadin Yadin semicha. This proves that a Yoreh Yoreh semicha is sufficient.
- The semicha received by Rabbi Gavriel Zinner is a kosher semicha. This determination was made after speaking with Rabbi Zinner, and after examining many letters that he sent to prominent Chabad Chassidim. It is clear that he did indeed sign the semicha and that it is not forged. Therefore this remains an absolute semicha.
Regarding his claim that because the appointment of Rabbi Braun is not acceptable to everyone, and he does not want to be part of, or contribute to the controversy, so he does not want this semicha to be used to qualify Rabbi Braun, It is obvious that someone who grants semicha has no power or authority over the ordained person to instruct him which rabbinical position he may accept and which he may not. Even if he thinks that the ordained person should not receive a certain rabbinical position, the ordained person is not obligated to heed him and the semicha is not invalidated by not heeding him.
Actually, after-the election, when Rabbi Yosef Shaya Braun, shlita, heard of the objections against the semicha, he received two more semichos,'one, a YorehYoreh semicha, and another, a Yadin Yadin semicha. We do not need to consider these semichos, because the first semicha that was received before the election is absolutely valid. - The issue of leaving one place for another is dealt with in a letter from the Rebbe,who clearly says that an analysis of the benefits and loss occasioned by the change must be made by the receiver of the position, not by the Beis Din.
In
light of the above, it is clear that Rabbi
Yosef Shaya Braun shlita
was
elected in
accordance with
halacha.
The
entire public must honor him and all the other rabbis of the
community must cooperate with him,etc.,
etc.
Bs"d,
Monday,
27th
Teves,
5771 {calendar
date: January 3, 20ll}
Signed
by me on behalf of the Rabbinical
Court,
{signature}
Abraham
Boruch
Rosenberg
Thursday, June 13, 2013
Rabbi Osdoba Sues Rabbi Braun
In our post below on May 22, 2013, the Beis Din Advisory referred to the law suit filed by Rabbi Osdoba. We have obtained the details of the lawsuit and present them now.
Rabbi Osdoba filed a personal lawsuit against Rabbi Braun on April 24, 2013 in the secular court system. He claims heter from Rabbi Chaim Kraus. The letter claims that Rabbi Braun ignored three hazmonohs, but this is in dispute.
Besides the problematic nature of going to secular court, and besides the request that the secular court rule on issues of Jewish law, it would also appear that the prior agreement to go to Rabbi Rosenberg's Bais Din Zabla this coming August, would invalidate the Kraus actions. The Osdoba documents are contained in the tab on top of the page above.
The lawsuit requests the Courts to rule that Rabbi Braun be invalidated to be on the Crown Heights Beth Din, and that he cannot give kosher certifications, nor claim the present CHK kashrus certifications are invalid. It also seeks punitive monetary damages.
The quote below is from page 12 of the Court Papers in the tab above:
WHEREFORE, Plaintiffs demand judgment as follows:
A. On the First Cause of Action. a declaratory judgment that: (i) defendant Braun
committed rraud in order that the election he won would not be inval idated and to sit as a
member of the Crown Heights Beth Din; (ii) that because of such fraud, Braun's appointment to
s it as a member of the Crown Heights Beth Din be rescinded. (iii) that because of such fraud,
Braun be barred from serving as a member of the Crown Heights Beth Din, (iv) that Braun
cannot issue kosher certifications on behalf of the Crown Heights Beth Din and/or the va·ad
Hakashrus and, (v) Plaintiffs have suffered damages as a result of Braun's fraud, as set iorth
above.
B. On the Second Cause of Action, a declaratory judgment that Braun's selection as
a Rabbi sitting on the Crown Heights Beth Din be found void ab initio.
C. On the Third Cause of Action: (i) enjoining Braun from publishing any false,
dctiunatory and/or disparaging statements regarding the Crown Heights Beth Din and/or Va'ad
Hakashrus, including that their kosher certifications are unreliable and not authentic, (ii)
awarding damages in favor of the Crown Heights Beth Din and Va'ad Hakashrus, and (iii)
assessing punitive damages against Braun.
D. On the Fourth Cause of Action: (i) e 1~oining Braun from continuing to publish
any defamatory statements about Rabbi Osdoba, (ii) awarding Rabbi Osdoba compensatory
damages in an amount to be determined at trial, and (iii) assessing punitive damages against
Braun.
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