After speaking to both Rabbis Osdoba and Schwei they told us how they were hurting not only from the false statements in their name in this matter, but many others that have come out over the years. Rabbi Avrohom Osdoba released yesterday this letter in his defense, and that of the Shomrim Six. “Since it has been said in my name as if I heaven forbid gave permission to give over [Masser] and to inform [Malshin] on the members of Shomrim. I am here to clarify that this is a complete and total lie, and it is entirely not in my hands, since this sort of act is prohibited by Halacha in every way possible.”

Rabbi Osdoba goes on in his letter to clarify how according to Halacha, in Shulchan Aruch Choshen Mishpat, Siman Shin Pey Ches Seiif Tes, and in the Alter Rebbes Shulchan Aruch Choshen Mishpat Dinei Nizkei Mamon Seiif Vov: “it is prohibited to give over a Jew in to the hands of a non-jew both physically and both financially… both to do so in speech to inform on him or to reveal his intentions… and that who does so has no part in the world to come.”

[free translation]

Since there has been said in my name as if I heaven forbid gave permission to give over [Masser] and to inform [Malshin] on the members of Shomrim. I am here to clarify that this is a complete and total lie, and it is entirely not in my hands, since this sort of act is prohibited by Halacha in every way possible. Shulchan Aruch Choshen Mishpat, Siman Shin Pey Ches Seiif Tes, and in the Alter Rebbes Shulchan Aruch Choshen Mishpat Dinei Nizkei Mamon Seiif Vov: “it is prohibited to give over a Jew in to the hands of a non-jew both physically and both financially… both to do so in speech to inform on him or to reveal his intentions… and that who does so has no part in the world to come.”

It is clear and understood that it is permitted to call that police if he need immediate rescuing from a beating but immediately after one must call the parties to a Din Torah, and then it is upon the Beis Din to decide if it is permitted to continue with it.

And even further more in relation to a claim and prosecution that comes two years later, that this has no place to be discussed in the courts at all. As it is explained in the Shailos U’Teshuvos of the Ram”a Siman Pey Ches: “it seems that is isn’t relevant to this discussion, that specifically at that time during his anger it is understandable like is says in the Peskei Merizbur”g, but if he forgot his initial anger is plain and simple that it is not permitted.”

Furthermore, Messira is a horrible sin [lit. “criminal offense”] and is unthinkable [lit. “totally unacceptable”]. If they have any kind of claim, they must bring it before a Beis Din of Jews, and it is absolutely prohibited to indict them and to testify against them in a court of gentiles. As its is explained in the Shulchan Aruch Chosen Mishpat Siman Chof Vov Seiif Alef: “it is prohibited to deliberate before those who worship idols and in their courts…, even if the their law is a equivalent to Jewish law, even if both parties agreed to go before them on a claim, it is prohibited. And those who go before such a court, is an evil person, and it is as if he spites and scorns, curses and raises his hand to the torah of Moshe Rabainu of blessed memory. And it is in the hands of a Beis Din to judge him and excommunicate him [place him in Cherem] until he removes the idol worshipers from above his friends (Mahari”k Shoresh Kuf Nun Daled). And so would they excommunicate any who assists those who go before idol worshippers (Rivas”h Siman Kuf Beis).

This letter comes in direct contrast to that of these ‘alleged victims’ that has been circulating on certain agenda filled websites, and in Pashkvillen on the doorsteps of homes in Crown Heights, claim that they had the permission of Rabbonim to go to court, and that Rabbi Osdoba dismissed the Din Torah.

As we have reported these vicious individuals used the Hazmana to the Din Torah in court attempting to have the six defendants remanded and locked up for the duration of this long, tedious and expensive trial. And these are the same people that so callously twisted and used the names of Rabbonim to further their own agenda, with blatant disregard for the respect of the Rabbonim of this community.

The expenses for such a criminal defense trial amount in the hundreds of thousands of dollars, and this is a matter of Pidyon Shuvim. You can make your donations to the Shomrim Defense Fund by credit card at ShomrimDefense.com or call the Shomrim hotline (718) 774-3333 after 6:00pm to arrange someone to come and pick up your contribution. Additionally you can mail in your contribution to: Shomrim Defense Fund 537 East New York Avenue Brooklyn, NY 11225.



Posted on 11/19/09 at 08:38