Thursday, October 17, 2013

Rosenberg Beis Din Judgments Confirmed by Court After 2 1/2 Year Battle

Four years after the community submitted all it's disagreements to the Beis Din Zabla in order to bring peace to the kehila, the secular Courts have finally confirmed the Beis Din findings and entered them as binding judgments.  The Judge's Decision and Judgment is posted in the tabs above.

The major findings of Judge Rothenberg's Decision are:

  1. The Psak Din of the Rosenberg Zabla is confirmed in its entirety, except for paragraph 48 (see Psak Din above) concerning the Vaad HaKashrus.  This means that all the findings of the Beis Din Zabla are considered binding by the Courts.
  2. The Psak Din of the the Rosenberg Zabla concerning Rabbi Braun is confirmed in its entirety.  This means that all the findings of the Beis Din Zabla are considered binding by the Courts: Rabbi Braun's qualifications are proper, his election is proper, and the Beis Din consists of the three Rabbonim, Rabbi Osdoba, Rabbi Schwei and Rabbi Braun.  Whatever the majority of the Beis Din decide upon is valid.
  3. The issues of Kashrus, including the members of the Vaad HaKashrus, although they were decided upon by a majority of the Beis Din, must be sent back to the Rosenberg Zabla for a final decision.  This is because the Psak Din says that:
After the elections, every directive that will be issued by the Rabbinical Court [in writing or verbally] shall be unanimous, and when there are differences of opinion it shall be the majority opinion, and the minority must acquiesce its opinion to the opinion of the majority.
The Judge apparently understands the words "the minority must acquiesce its opinion to the majority" as a requirement that Rabbi Osdoba must say or do something to signify his agreement. The Judge said [page 11] that "Rabbi Osdoba ... did not indicate in any manner that he has acquiesced in the majority opinion."  
While most people would disagree and think these words simply mean that Rabbi Osdoba must accept the opinion of the other Rabbonim when he is in the minority, and abide by the majority decision, the Judge has sent the issue back to the Rosenberg Beis Din to issue their decision about Kashrus.
As far as the status of reconvening the Rosenberg Beis Din Zabla, Rabbi Osdoba's group has finally paid its outstanding bill for the prior Din Torah.  There is no word about dates for the new deliberations.