The 5th Candle of Chanukah 5773, London
To the Esteemed Members and Participants of Shiurim of the Beis Medresh "Divrei Chaim"
In light of the "Gilui Da'as" [proclamation] that was publicised on 22 Kislev against your Rabbi the Gaon and Tzadik shlita, after he had resigned from those positions that gave rise to the complaints. Yet [the rabbis who signed the proclamation] were still not satisfied and publicised their decision for all to see. They decided all of this without a hearing in front of a formal Beth Din and a proper Din Torah in accordance with Shulchan Oruch, Choshen Mishpat. [This was required] in order to comply with the Biblical prescription "Hear the causes between your brothers" without which one cannot oust a rabbi's presumption of innocence.
Prior to publicising their Gilui Da'ath, [Rav Padwa] ordered the formation of a Beth Din composed of distinguished out-of-town Rabbonim to rule on the matter as is set out in haloche and in order to issue a true and just ruling in accordance with the Torah. As Chazal say, "When there is no justice below there is no justice Above." [The signatories to the proclamation] also received the request of the Rabbi of Jerusalem [Rav Tuvia Weiss] where he enforced [Rav Padwa's] request. They were pleaded with to delay publicising [the proclamation] in order to quell the strife and bloodshed, but they nevertheless went ahead an published.
We therefore reveal our opinion which is the view of the Torah that without a ruling from a Beth Din in accordance with the Torah the Gaon and Tzadik Rabbi Chaim Halpern shlita the Rav of the community “Divrei Chaim” shall remain in his position, shall stand in his duties to guide amongst Israel in accordance with the rule of the Torah with no obstacles and shall disseminate Torah and fear [of God] and Chasidus as in the past.And those who encourage and increase this unfathomable persecution and bloodshed should bear in mind the saying of Chazal, "Know before Whom you are destined to give account", "And God favours the persecuted."
And we hereby sign in London
Eliezer Dovid Friedman
Ze'ev Halevi Feldman
('69') and member of UOHC Rabbinate
Yosef Binyomin Halevi Wosner
Rabbi and Dayan, London
Ya'akov Meir Rosenbaum
Rosh Yeshiva of Ger
and President of Agudath Yisroel, Europe
Vizhnitz (Bnei Brak, Stamford Hill) and Dayan UOHC
Vizhnitz (Monsey) and Dayan UOHC
Bobov (Egerton) and Dayan UOHC
Son of Erlauer Rov
Tzvi Nechemiah Halevi Schneck
Dayan Satmar (86) and Dayan UOHC
Dayan Satmar (26) and Dayan UOHC
Avrohom Yosef Rubinfeld
Charedim and Dayan UOHC
Yechazkel Shraga Friezel
Skver and Dayan UOHC
Moshe Uri Schlesinger
Rabbi at Yeshivas Horomoh
Mordechai Tzvi Pesach
Dayan Ger and Dayan UOHC
Dayan Satmar ('86') and Dayan UOHC
Eliezer Mordechai Stolzberg
Dayan Satmar ('86') and Dayan UOHC
Eliezer Yom-Tov Lipa Halevi Brown
Dayan Neitra and Dayan UOHC
Dayan and Rosh Hakolel Divrei Shlomo
Ya'akov Dovid Domb
Rosh Hakolel Tiferes Shlomo
As an addition to the esteemed aforesigned, I hereby endorse the above and I count [CH] as an acquaintance since I often visit that area. The above Gaon and Tzadik is one of the only Rabbonim to enjoy this amount of Heavenly assistance with so many including even commoners whom he supports in all matters with the power of his Torah. To our consternation the result of this confusion (libel?) is a frightening profanation of God's Name. It also weakens the power of the Torah not only in our own community but in all Jewish communities worldwide.
Uri Ashkenazi the son of Rabbi Meshulam of Blessed Memory from Stanislow
After establishing the facts how the Rabbis reached their decision and after great deliberation of all angles to their decision we wish to express the view of the Torah in the matter of the Painful Saga. This saga is stabbing the raw flesh of the UOHC and those who fear and tremble for the saying of Chazal, when there is justice below there is justice Above and when there is no justice below…
[Each of the following paragraphs begins "According to the law of the Torah…]
- Rabbis of one town may not sit in judgement on a rabbi of the same town.
- An adversary [of the defendant] should not sit in on his judgement.
- ...and where there was a single adversary in the make up of the Beth Din, according to the majority of authorities it invalidates the entire Beth Din.
- [The Beth Din] should not come to a decision before hearing both sides.
- There is an obligation to hear both sides. (Appears repeat of 4.)
- Evidence must be given by the witness himself and not hearsay or a recording etc. In an instance like this Beth Din ought to make their own assessments and consider professional and medical examinations.
- Evidence may be taken only in front of the defendant and otherwise it is not admissible.
- The defendant must be given time to defend and present his arguments.
- The Head of a Beth Din who offended should not be dismissed and there are various options on how to punish him.
- The defendant has the choice of venue.