In a shocking and surprising affidavit, Rabbi Avrohom Osdoba petitioned the court to void and render meaningless the famous Psak of the “Zabl”a” Beis Din, headed by Rabbi Avrohom Rosenberg, regarding the management of many Crown Heights institutions (elections for Rov of the Beis Din, Vaad Hakahal, Gabboim of 770, Vaad Hakashrus etc.), even more surprising is his reasoning: that two of the arbitration hearings with the Beis Din took place on a Sunday…
Unbelievable: A Lubavitcher Rov turns to the secular court, petitioning that they nullify a Psak of a Beis Din, that he himself signed that he will obey, and what is the reasoning?? That it was on a Sunday, a secular holiday, something related to Avoda Zara!! (Being that it is legally not permitted to have arbitration hearings on a Sunday)
In the petition it is written:
Avrohom Osdoba, hereby affirms, under the penalties of perjury:
I am Respondent in this proceeding, I submit this Affidavit in support of this motion to vacate the Second Amended Decision, Order and Judgement on the grounds that the arbitration awards confirmed by this court are void, a nullity and against public policy because two of the arbitration hearings at issue were held on Sunday. (Full documents can be seen below)
This is such a severe idea, if the legal system should take this claim, they can nullify hundreds of orders Rabbonim have issued, if a hearing took place on a Sunday!
The Shulchan Aruch is very clear and sharp about going to civil courts, how much more so when we are talking about a Rov, in this case who signed that he will listen to the Psak. May it be the will of Hasham that true Teshuva should take place, and the Psak of the Beis Din will continue to lead us.