Wednesday, January 27, 2016

Until the phony seruv of Rav Kaminetsky's beis din is removed - he and his beis din are in cherem

update: The correct term is nidoi - but I used the term cherem in the title as the general non-halachic term for ostracizing and thus the term is explained as being a form of cherem in the post below.

I confirmed with Aharon's law school classmate who spoke to R' Herschel Schachter and R' Sholom Kaminetsky in December 2010 (which I believe is before the Seruv was issued) that the two Rabbis were aware of the Baltimore Beis Din's involvement and they intentionally ignored the Beis Din's involvement". He said he is willing to discuss this with Rov who needs to know the information.

 Guest Post

Rabbis Aryeh Ralbag, Yisrael Belsky, Mordechai Wolmark, Shmuel Kamenetsky, Gavriel Stern and Hershel Schachter are in [nidui] [cherem] 

The issuance of a purported "seruv"[contempt] against Aharon Friedman was outrageous from the very beginning.  The Union of Orthodox Rabbis did not bother to issue even a single hazmana [summons} before purporting to issue the "seruv."  In addition, the parties had previously signed a shtar beirurin [binding arbitration agreement] with the Baltimore Beis Din.  Furthermore, as ,the Baltimore Beis Din recently noted even putting aside those two points, the Union of Orthodox Rabbis had no right to issue a "seruv" against Aharon because he lives in a different State than the location of the Union of Orthodox Rabbis.

It is hard to imagine that the signatories of the "seruv" were not very well aware of these points and deliberately signed the "seruv" knowing that the "seruv" was baseless.  If the signatories were not knowledgable about the rules for issuing a "seruv", they should have not been involved in issuing seruvim.

In any case, even if the signatories were not previously aware of these rules and had some excuse for nonetheless involving themselves in a matter concerning which they had woefully inadequate knowledge, it has been several days since the Baltimore BD issued its letter clarifying matters, so there can no longer be any confusion or the least bit of doubt about this matter. One who wrongfully issues a seruv, or signs in support of such seruv, himself has the status of being in [nidui][cherem] as pointed our by Rav Reuvain Feinstein's recent letter, and has been previously noted by others concerning this case.

 The refusal of the Union of Orthodox Rabbis, Rabbi Ralbag and the other signatories to retract the "seruv" is well beyond outrageous and makes a mockery of halacha, beis din and the Jewish community.  They must immediately retract the "seruv" - or they have the status under halacha [Jewish Law] of being in [nidui] [cherem].

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