Saturday, October 23, 2004
Ruling Leaves Younger Son in Control of Hasidic Sect
More than three years after a power struggle between two brothers
landed in a New York court, a Supreme Court judge handed the younger
brother a victory yesterday, ruling that their quarrel - which has
sharply divided one of New York's largest Hasidic groups - was not
for the court to decide.
In the ruling, Judge Melvin S. Barasch of Supreme Court in Brooklyn
wrote that the court "declined to make any decision" in a feud
between Aaron Teitelbaum and his younger brother Zalmen. The two have
been battling over who will succeed their father, Grand Rabbi Moses
Teitelbaum, spiritual leader of the Satmar Hasidim, the largest
Hasidic sect in Brooklyn.
Judge Barasch also wrote that "the court leaves intact the status quo
in terms of day-to-day operations of the congregation and its
institutions," unless Rabbi Teitelbaum - who is 89, according to a
spokesman - decides otherwise.
The ruling was claimed as a victory by the supporters of Zalmen
Teitelbaum, who has led the now-divided Yetev Lev D'Satmar
Williamsburg congregation since 1999, when his father asked him to
take over the leadership there.
"He basically has left us in charge," said Scott Mollen, a lawyer at
Herrick, Feinstein of Manhattan, who is representing the Zalmen
Teitelbaum faction. "The status quo is that we are in charge."
The Williamsburg congregation's board controls a powerful network of
social services and property, including schools that educate more
than 8,000 students, a famed matzo factory, summer camps, a kosher
meat market and a loan company.
The Williamsburg congregation's board, its secular leadership, is at
the heart of the legal case between the two sides. The board split
and each side called an election in May 2001, which produced rival
boards, each allied with a faction.
A lawyer for Aaron Teitelbaum's supporters, including Berl Friedman,
who had been president of the board before the split and is now
president of the rival board, called the ruling "contradictory" and
said his clients would most likely appeal it.
The lawyer, Jeffrey D. Buss, said Judge Barasch had ultimately
stepped back from making a decision in what the judge said was a
religious matter. But Mr. Buss questioned the judge's reasoning,
contending that the judge, in his 31-page decision, had already drawn
on some aspects of New York law that govern religious organizations.
"It was an error for the court not to decide the corporate law issues
that were presented to it," Mr. Buss said.
The case has been unusual in several ways. It has revealed some of
the inner workings of a religious community that is closed to
outsiders. Satmar - an ultra-Orthodox movement with its origins in
Satu Mare, a largely ethnic Hungarian town in Romania - is one of the
more isolationist and anti-Zionist groups in Hasidism, a movement
founded in the early 18th century that stresses Talmudic scholarship,
living strictly according to Jewish law and a rejection of the
outside world's impurities.
In all, there are about 35,000 Satmar Hasidim in Williamsburg, 5,000
in Borough Park and more than 17,000 in Kiryas Joel, in Orange
County, according to David Pollock, associate executive director of
the Jewish Community Relations Council. The Satmar Hasidim are
politically potent, as they usually vote together.
Legally, the case also stands out. There have been accusations of
election fraud, harassment, contempt of court, doctored documents and
judge-shopping.
In a sharply worded epilogue, Judge Barasch said that there had been
many "incredible and outrageous attempts" by people associated with
the case to "discredit, intimidate, and improperly influence this
court."
Among those attempts, Judge Barasch wrote, were "false accusations
concerning members of the court's chambers," which were published on
the Internet, and harassing phone calls to members of his staff's
family.
He requested that the Brooklyn district attorney, Charles J. Hynes,
look into the matter. Jerry Schmetterer, a spokesman for Mr. Hynes,
said the office would not comment until it had reviewed all the
documents in the case.
The two sides have even come to blows outside court. At least three
men, all followers of Zalmen Teitelbaum, were arrested this month
after a fight broke out between the factions during a service at the
main Satmar temple, the Yetev Lev synagogue in Williamsburg. An Aaron
Teitelbaum supporter sat in the grand rebbe's chair, and worshipers
turned over metal bleachers. One claimed to have suffered a broken
leg.
Kenneth K. Fisher, a former city councilman who represented
Williamsburg, said the ruling appeared to be "a very significant
victory" for the designated rabbi of Williamsburg - Zalmen
Teitelbaum - "since he is the administrator" of the institutions. One
concern, Mr. Fisher said, is that the divide is now so deep that the
Satmar community, which traditionally has voted as a bloc, would be
weaker politically
More than three years after a power struggle between two brothers
landed in a New York court, a Supreme Court judge handed the younger
brother a victory yesterday, ruling that their quarrel - which has
sharply divided one of New York's largest Hasidic groups - was not
for the court to decide.
In the ruling, Judge Melvin S. Barasch of Supreme Court in Brooklyn
wrote that the court "declined to make any decision" in a feud
between Aaron Teitelbaum and his younger brother Zalmen. The two have
been battling over who will succeed their father, Grand Rabbi Moses
Teitelbaum, spiritual leader of the Satmar Hasidim, the largest
Hasidic sect in Brooklyn.
Judge Barasch also wrote that "the court leaves intact the status quo
in terms of day-to-day operations of the congregation and its
institutions," unless Rabbi Teitelbaum - who is 89, according to a
spokesman - decides otherwise.
The ruling was claimed as a victory by the supporters of Zalmen
Teitelbaum, who has led the now-divided Yetev Lev D'Satmar
Williamsburg congregation since 1999, when his father asked him to
take over the leadership there.
"He basically has left us in charge," said Scott Mollen, a lawyer at
Herrick, Feinstein of Manhattan, who is representing the Zalmen
Teitelbaum faction. "The status quo is that we are in charge."
The Williamsburg congregation's board controls a powerful network of
social services and property, including schools that educate more
than 8,000 students, a famed matzo factory, summer camps, a kosher
meat market and a loan company.
The Williamsburg congregation's board, its secular leadership, is at
the heart of the legal case between the two sides. The board split
and each side called an election in May 2001, which produced rival
boards, each allied with a faction.
A lawyer for Aaron Teitelbaum's supporters, including Berl Friedman,
who had been president of the board before the split and is now
president of the rival board, called the ruling "contradictory" and
said his clients would most likely appeal it.
The lawyer, Jeffrey D. Buss, said Judge Barasch had ultimately
stepped back from making a decision in what the judge said was a
religious matter. But Mr. Buss questioned the judge's reasoning,
contending that the judge, in his 31-page decision, had already drawn
on some aspects of New York law that govern religious organizations.
"It was an error for the court not to decide the corporate law issues
that were presented to it," Mr. Buss said.
The case has been unusual in several ways. It has revealed some of
the inner workings of a religious community that is closed to
outsiders. Satmar - an ultra-Orthodox movement with its origins in
Satu Mare, a largely ethnic Hungarian town in Romania - is one of the
more isolationist and anti-Zionist groups in Hasidism, a movement
founded in the early 18th century that stresses Talmudic scholarship,
living strictly according to Jewish law and a rejection of the
outside world's impurities.
In all, there are about 35,000 Satmar Hasidim in Williamsburg, 5,000
in Borough Park and more than 17,000 in Kiryas Joel, in Orange
County, according to David Pollock, associate executive director of
the Jewish Community Relations Council. The Satmar Hasidim are
politically potent, as they usually vote together.
Legally, the case also stands out. There have been accusations of
election fraud, harassment, contempt of court, doctored documents and
judge-shopping.
In a sharply worded epilogue, Judge Barasch said that there had been
many "incredible and outrageous attempts" by people associated with
the case to "discredit, intimidate, and improperly influence this
court."
Among those attempts, Judge Barasch wrote, were "false accusations
concerning members of the court's chambers," which were published on
the Internet, and harassing phone calls to members of his staff's
family.
He requested that the Brooklyn district attorney, Charles J. Hynes,
look into the matter. Jerry Schmetterer, a spokesman for Mr. Hynes,
said the office would not comment until it had reviewed all the
documents in the case.
The two sides have even come to blows outside court. At least three
men, all followers of Zalmen Teitelbaum, were arrested this month
after a fight broke out between the factions during a service at the
main Satmar temple, the Yetev Lev synagogue in Williamsburg. An Aaron
Teitelbaum supporter sat in the grand rebbe's chair, and worshipers
turned over metal bleachers. One claimed to have suffered a broken
leg.
Kenneth K. Fisher, a former city councilman who represented
Williamsburg, said the ruling appeared to be "a very significant
victory" for the designated rabbi of Williamsburg - Zalmen
Teitelbaum - "since he is the administrator" of the institutions. One
concern, Mr. Fisher said, is that the divide is now so deep that the
Satmar community, which traditionally has voted as a bloc, would be
weaker politically
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