Psak Din Concerning Rabbi Braun's Semicha

 English Translation of Psak Din of the Rosenberg Zabla Concerning Rabbi Braun's Semicha
27 Teves, 5771 (January 3, 2011)

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.
  1. 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:
  1. In our opinion, the first objection has no real halachic basis and cannot invalidate the elections.
  2. 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.
  3. 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.
  4. 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