Sunday, March 27, 2011

Free Translation of the Letter from Horav Yurkowicz

 [Please note that the bolded text is Rabbi Yurkowicz's, not mine.]

As a consequence of "clarification" that was unfortunately publicized on Motzoe Shabbos Shemini, which was written in my name as if I approved it via correspondence, I would like to state that:

1. The version that was publicized was without my consent, and therefore it should be clear that the above document has no authority as a decision of the zabl"o, and no one has permission to go to another Beis Din.



2. At the suggestion of one of the dayonim, I agreed in theory to making a statement in the name of the zabl"o, regarding the continuation of the Din Torah before us, but only after deliberating with all of the members of the zabl"o and through joint authorship. Unfortunately, this did not happen, and a one-sided version of the document was published that I and Horav Hecht rejected explicitly, but I digress.

3. In the psak din that was signed by Horav Avrohom Boruch Rosenberg shlita on 27 Teves in the name of the zabl"o, it was inserted in section 14 that there should be no continuation of the Din Torah via email and telephone conversations rather the only option was that the entire Beis Din should come to New York for a period of time and hear the oral arguments of the two sides in front of the entire zabl"o. This is what Rabbi Rosenberg was referring to in his correspondence of Taanis Ester, that he will no longer deal with arguments and complaints through email and the telephone, rather though [oral arguments in front of the whole zabl"o] once all of the members agree to travel to the US to continue any deliberations on this case, and that those deliberations should be with the entire zabl"o and in front of all sides.

4. In light of the above, it is obvious that there is no place at all to speak of turning to any other Beis Din, being that the two sides are bound through the shtar berurin that "no other Beis Din in the world shall have authority to nullify or alter the psak din."
5. The two sides should be aware that, clearly, the psak din of 27 Teves was written with the consent of the entire zabl"o, as has already been written by Horav Rosenberg shlita. It has since been affirmed also through the signature of Horav Kuperman shlita, who wrote also in the name of Horav Havlin shlita.

6. In section 10 of the above mentioned psak din, it was established that it is clear that Horav Yosef Yeshiaya Braun shlita was chosen appropriately, and the entire community is obligated to honor him. So too, all of the rabbonim of the community are obligated to include him, etc. And the two sides have already accepted upon themselves via the shtar berurin, "to obey the psak din without any exceptions or arguments, or any complaints at all."

7. I hereby inform the two sides that if they choose to continue the deliberations of the Din Torah as specified above, I am prepared to go forward. However, I ask that they inform me of this in appropriate time in order that I should be able to free myself [from other matters], etc. Then, certainly, all of the members of the zabl"o, including Horav Rosenberg shlita, will be able to establish an appropriate time.

4 comments:

  1. Great Job Zaki, Transparency Wins!

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  2. Well written this letter

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  3. For those who don't read Hebrew:
    This letter was also signed by Rabbi Hecht.

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  4. its about time segal and his group should stop. ch elected a rov... accept and stop with the fighting.

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