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Last week, during the Kinus HaShluchim, a letter was distributed online to various sites, with lies and slander directed at the Badatz of Crown Heights, originating from the desk of a disgruntled member of the Badatz, Rabbi Avraham Osdoba who refuses to follow Halacha, and continues to disregard Jewish law and basic Mentschlichkeit.

The letter, printed on the falsified letterhead of the Crown Heights Beis Din, described certain eating establishments as unsupervised, unsuccessfully trying to discourage Shluchim from patronizing these establishments.

The majority of the Badatz, Horav Aharon Ya’akov Schwei and Horav Yosef Yeshaya Braun, shlita, released a letter debunking these false accusations, with an addendum by the secretariat of the Beis Din.

Free Translation:

Erev Shabbos Parshas Toldos, 28th of Cheshvan 5775

Mecha’ah (Protest)

Today, the known Mechutzofim, who refuse to listen to the ruling of the Zabla Beis Din, have released yet another letter filled with lies, slander and machlokes, signed by the one who not only refuses to listen to the ruling of the Zabla Beis Din (“lo tzayes”) , he also took other Rabbis to secular court (“arka’os”)to overturn the ruling of the Zabla Beis Din, Rachmana Litzlan.  The laws regarding such people are specified in Shulchan Aruch Yoreh Deah Siman 334 (Laws of Cherem) and Choshen Mishpat Siman 26.

We have decided long ago to ignore any letter emanating from said individuals, fulfilling the words of King Solomon (Proverbs 26:4) “Do not answer a fool according to his folly lest even you become like him.”…  In this regard, our Sages say (Chulin 89b): “What should a person’s profession be in this world? He should make himself as though mute”. This is especially true during a time of machlokes. The truth is its own best testimony.

However, the last straw has broken the camel’s back,

– “As a dog returns to his vomit, so does a fool repeat his folly” (Proverbs 26:11), they first published a letter around Yom Kipur, and again now, around Rosh Chodesh Kislev, specifically when many Shluchim and guests come to town, and they slander various restaurants under the strict Mehadrin supervision of the Badatz of Crown Heights (as outlined in the ruling of five dayanim of the Zabla Beis Din), thus slandering many pious and G-d fearing Jews who have chosen to adhere to the strictest Kosher standards and only purchase food from those establishments –

Therefore, it is not a time to keep quiet, and we hereby protest the desecration of G-d’s name (Chilul HaShem), and asked the secretariat of the Badatz to prepare a short description of the facts, and to present them as is. Many in the community are not aware of the extent of the lies, deceptiveness, disinformation, slander and badmouthing originating from the Sitra Achara. May HaShem protect us from the above-mentioned. Let the community see and judge for themselves.

Signed,

Horav Aharon Ya’akov Schwei – Member of the Badatz

Horav Yosef Yeshaya Braun – Member of the Badatz

Brief Summary of the Facts (presented by the Secretariat of the Badatz)

As per the instructions of the Rabbonim of our community, the Marei De’asra, Horav Aharon Ya’akov Schwei and Horav Yosef Yeshaya Braun, shlita, which form the majority of the Badatz of Crown Heights – we present some important points, for those who would like to know the truth, and not be fooled by the lies and disinformation being spread by the enemies of the Beis Din.

1. There is a clear ruling by all five Rabbis of the Zabla Beis Din which explains clearly who are the members of the local Beis Din, and stating that the majority have the sole right to make decisions in the name of the Beis Din, regarding all issues of the shchunah, kashrus etc. .(“The minority must acquiesce to the position of the majority”).

2. Sadly, there is one lone Rabbi who refuses to listen to the ruling of Torah(despite signing a binding arbitration agreement, that he will adhere to the ruling of the Zabla Beis Din), Rachmana Litzlan.

3. His total disregard to the ruling is manifest in many details, which are too many to list.

4. Among them, stealing the Kashrus from the community, and using it as though it belongs to him and his family.

5. The excuses he fabricated to justify his thievery have been debunked by the Zabla Beis Din, but he continues repeating those absurd claims.

6. Every few months he fabricates new claims, transgressing various Torah prohibitions such as lying, Motzi Shem Ra, fueling Machlokes, embarrassing others, disrespecting Torah scholars, Chilul Hashem and more.

7. Years have passed since the five members of the Zabla Beis Din agreed to sit down and hear any new claims he might come up with, but

8. That single Rabbi is avoiding the process, ignoring requests, and refusing to set a date for a Din Torah hearing.

9. Close to two years ago, (on Pesach Sheni 5773) that single Rabbi signed a paper where he is suing a Rov, a member of the Badatz, in the goyishe secular court.

10. The claim in secular court includes monetary claims, for the “damage” caused to him by the request that he listen to the ruling of the Zabla Beis Din, and stop holding the Kashrus hostage for his and his family’s personal gain.

11. To justify that despicable action he publicized on the internet (as he customarily does) a fabricated “Heter Erka’os” from three Ra-bonim. But that Heter is invalid, for the premise on which it is based is lies, which have been debunked, one by one, in the past. Those three Ra-bonim haven’t even sent one summons to deal with the so-called claims of this individual.

12. The Shulchan Aruch rules, that someone who takes another Jew to court “is a Rasha (wicked) and is considered as if blasphemed G-d and raised his hand against the Torah of Moshe Rabbeinu”.

13. The Rema adds: Any person who supports said individual should be excommunicated (Cherem).

14. Therefore, any person who supports that “Rabbi” in any way, shape or form, is lending a hand to go against the Torah and more so, as written in poskim, and mentioned in sichos, it is considered like an extension of Avodah Zarah!

15. Our sages have ruled that in a place of Chilul Hashem there is no obligation to honor a rabbi, and also it is permitted to say Lashon Hara about someone who creates Machlokes.

16. Seven years ago, a respected Beis Din in New York ruled about said “rabbi” that since he went to court, he is not trusted for Kashrus and his testimony is invalid, etc.

17. That fact is known to all, as his Kashrus has caused, and continues to cause many Jews to transgress Halacha by eating products that aren’t Halachically permitted. He has caused many to stumble in severe Torah prohibitions..

18. Our sages have stated: Whoever disqualifies others, is essentially disqualifying himself. That lone “rabbi” who continues to lie and attack, claiming “falsification” and “deception” needs to look in the mirror, for he has mastered the art of falsification, as visible in all his actions during recent years, without regard for anyone and anything. Some examples:

19. He claims that his personal “Va’ad HaKashrus,” run by the minority of the Beis Din, is “under the supervision of Rabbonim mentioned in this letterhead”, which includes Horav Marlow, OBM, who passed away; Rosh HaKollel, Horav Heller, shlita, who hasn’t been involved in the Beis Din in over 20 years,  and… Horav Schwei shlita, who as part of the majority of the Badatz, does not give-in to this individual’s support the personal Kashrus of that “rabbi”!

20. An additional name put into the letters is of Horav Raitport, who is not involved in that fake “Beis Din” and clearly said he has nothing to do with the “kashrus” of this “rabbi”!…

21. In addition to the deception wrought by the falsified letterhead, this has wrought a Halachic issue: On Erev Rosh Hashana, said “rabbi” released a form for a so-called “Pruzbul” which claims to represent the Beis Din (“we the Beis Din), naming himself, his servant Shlomo Segal (who represents himself falsely as a member of Badatz, despite a clear psak from the zabla Beis Din otherwise) – and here they falsely add a third name… Horav Raitport. This form states that these three rabbis “confirm receiving all the Pruzbul forms, and made an appropriate kinyan… We hereby affix our signatures erev Rosh Hashana 5775”.  A quick phone call revealed that Horav Raitport was totally unaware of said deception; these fraudsters haven’t even bothered informing Horav Raitport that they’re using his name, and “joining” him against his wishes to their “beis-din”. Horav Raitport’s name was placed against his will as part of a false Beis Din and false Pruzbul form!

22. Horav Raitport has also said that this is not a first occurrence, and they don’t bother to contact him because he has nothing to do with them anymore, and obviously he doesn’t participate with them as a Dayan. His words were “זיי זאגן ליגנס פשוט” (“they’re simply stating lies”) and “זיי פראווען ליצנות” (“they’re making a mockery”).

23. Horav Raitport added that the falsified publications, which state his phone number and available hours for Sha’alos, is done without his permission and are simply untrue. He is too busy with his learning and his Kollel in Borough Park.

24. He added, that since people were mislead into signing an invalid “Pruzbul” on a forged form, and consequently didn’t perform a Kosher Pruzbul before the onset of the shmitta year, as should be done l’chatchilla, they should ensure at least to perform a Kosher Pruzbul before the end of the year, as per the psak of the Alter Rebbe.

25. This is not the first time that Horav Raitport testifies that his name was forged. In winter 5770, sharp words were heard from Horav Raitport, when he gave evidence before the five judges of the Zabla Beis Din, how his “signature” was affixed falsely to a letter written in English, along with the signatures of the above-mentioned individuals. This goal of this forged English document, which sadly came true, was to put a Jew from Crown Heights (R’ Elijah Ezagui) for a long time in prison! On that occasion, before the five judges of the Zabla Beis Din, Segal tried to persuade Horav Raitport, that they signed the letter together…. Horav Raitport had no choice but state the facts firmly, that this letter was an absolute forgery; he has never signed this letter!

26. In this context it is noteworthy to reiterate the established Halacha that a dayan who does not obey a Din Torah (“lo tzayes”) is unfit to judge others. Aside from the fact that such a dayan lacks the qualities of dayanim, men of truth, etc., by not obeying the psak of Beis Din (and engaging in falsehood, reneging on his commitment after signing a document committing to accept the psak of Beis Din), he is considered in Halacha as  an Oved Avoda Zara (an idol worshipper)!

27. It should be mentioned here, that the Rebbe mentions in his holy sichos the lesson we may derive from the story denouncing a member of the Sanhedrin, Shavna (even though the Torah doesn’t even speak disparagingly about a non-kosher animal). The Rebbe points out how the same lesson is to be derived from the story about Yochanan the Kohen Gadol, who became a Sadducee. The message is that we ought to know that such things have already occurred in the past and therefore we shouldn’t allow ourselves to be affected negatively by this. U’mesaimin b’tov.

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