Machne Menachem

Rabbi Osdoba Letter Against Mesira

Posted in Letter, mesira by machnemenachem on August 21, 2009

Rabbi Osdoba letter against Mesira (Hebrew)

[Free translation of a letter from Rav Osdoba]

BS”D. Rosh Chodesh Elul, Chodesh of Rachamim, 5769.

To Anash Residents of Crown Heights – “Kan Tziva Hashem es Habrocho” and to Anash Worldwide who cherish the Rebbe’s Shechuna.

To our pain and shame, many people who have removed the yoke of heaven from themselves, have an ardent desire to rule the public and want to control the shechuna. They have turned to the courts with libels and mesiros-informing the government, on serious matters against many of Anash in order to evoke a fear of them on the part of the public. With their raw chutzpa they have included in their libels, mosdos and Rabbonim who serve the residents of Crown Heights and have been an immense assistance to them. This may, G-d forbid, destroy these mosdos and their activities benefit the shechuna and its residents.

It is clear that we are not dealing here with an ikul– a restraining order in court to halt a designated action, as I instructed the members of the old Vaad Hakohol regarding the election. In the case of the election, it was an ikul which is permitted according to Halacha (see Shulchan Aruch Choshen Mishpat 73, Rama ibid., the Sma 32 and Responsa of Menachem Azarya 51). However, they have included issues which have no relations to their election (see Responsa Divrei Chaim part 2 Choshen Mishpat II, Simon 2, 9 & 46). They have brought a criminal libel which can potentially lead to harsh verdicts in court and prison sentences, G-d forbid.

With their actions they have transgressed against the following prohibitions:

1) Mesira, informing on one to the government, which is a criminal offense, as stated in Choshen Mishpat 388:8-9 that one is not allowed to maser on a Jew even if he is a Rosho and transgresses aveiros. This includes even one who was to be sanctioned according to the government standards, as stated in the Gemoro Bava Metzia 83b:”Let the owner of the garden come and remove the weeds”. And as the Shulchan Aruch Choshen Mishpat (ibid.) numerates the harsh punishments for mesira, to the extreme extent that one does not have a share in the world to come.

2) To shame Rabbonim and Torah scholars (see Rambam end of Hilchos Talmud Torah).

3) They have subpoenaed people to testify in court (otherwise they could face imprisonment) and bring documentation and financial records, which is a stumbling block, misleading many people with the transgression of going to court (see Response Mishne Halachos vol. 9, 334 and 327). Thus they are included in the category of “Elech v’emsor”– one who says he will inform on a Jew to the government (see Choshen Mishpat 388:10).

Although the libels are false in nature, but as known for all, that in order to merit in the courthouse one needs excellent lawyers whose prices are sky high, Jewish money going to waste, in order to nullify these accusations, Hashem should protect us. As we are well aware, that in our community, there are Anash (who lived in Russia and in the U.S.) who sacrificed themselves not to, G-d forbid, inform on a fellow Jew to the government.

I hereby notify that the Din of mosrim is stated in Choshen Mishpat 388 and in order that they retract from their evil actions, it is clear that everyone who is G-d fearing and adheres to the word of Hashem:

1) One should scream loudly at them as Rebbe Yehoshua Ben Korcha sent a message to Rebbe Elozor Ben Shimon, “For how long are you going to continue to inform on the nation of Hashem”(Bava Metzia 83b, see Responsa Chelkas Yaakov vol. 3, chapt. 90 that is also relevant in our times).

2) One should shout at them, “For how long will you be destroying Jewish money” (Chulin 56a), and especially agonizing members of the community and shaming Torah scholars. The harsh punishment for shaming a Torah scholar and members of the community is stated in detail in Responsa Binyomin Zev vol. 3 chapt. 287.

3) They lost their kosher authenticity (see Responsa Erech shai end of chapt. 69). It is simply understood that they cannot be honored with an Aliya to the Torah etc. (see Kesef Hakodoshim 26).

Anyone who has an influence on them, even whether doubtful of success, should exert themselves to guide them from the wrong path. We should merit the fulfillment of the verse “Sins should be annulled but not the sinners [because they will repent]”.

Since we already entered the month of Elul, when the king finds himself in the field, everyone needs to evaluate themselves that they are standing before the king who sees everyone’s thoughts, words and deeds, if one is conducting themselves appropriately.

(-) Avrohom Osdoba

With blessing for a good and sweet year
Hoping to hear good tidings in the above

Rabbi Osdoba letter against Mesira ExhibitsRabbi Osdoba letter against Mesira Exhibits

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