Chapter 12: Failed Negotiations

“Envy, lust and honor -seeking drive a man from this world” (Pirkei Avos 4:21)

Rabbi Fischer’s enemies wrote to the heads of two mosdos in Israel that Rabbi Fischer was supporting and told them that they were not allowed to take tzedakah from Rabbi Fischer. Rabbi Fischer was supporting these two mosdos with the expressed instruction of the Rebbe Shlita who instructed him on the specific amounts to give. They were constantly harassing anyone who took tzedakah from him and told some people that they would not be allowed to come to Crown Heights if they accepted tzedakah from him.

The heads of these two mosdos were very concerned about losing Rabbi Fischer’s support so they met with him to try to find a way of ending the machloykes.

Rabbi Fischer explained that he had no reason to negotiate with the Vaad because they wronged him. Together the heads of the mosdos got in touch with the Rabbonim in N.Y. (CH??) and had many discussions for many days and nights. Finally a three point agreement was made.

The agreement was as follows:

1)      The Rabbonim agreed to lift the siruv and the nidui on Rabbi Fischer. They would do so with a public letter stating it in such a way as to exonerate Rabbi Fischer of any wrongdoing in the past as if the nidui had never been served.

2)      The Rabbonim agreed to stop all the civil court cases that had been litigated by Lubavitchers against Rabbi Fischer.

3)      They agreed to have representatives from both sides meet to negotiate a settlement. It was also agreed that if a settlement could not be worked out then these representatives would arrange for an agreeable venue for a Din Torah. The rabbonim agreed not to intervene in Rabbi Fischer’s affairs any longer.

All seemed to be fine and good. The Rabbonim put out the public letter lifting the nidui as was agreed upon. They did not, however, stop the court cases against Rabbi Fischer. As for the third part of the stipulation, Rabbi Fischer gave them a name of his representative but they did not give him the name of their representative for quite a while. A few weeks passed and the Vaad finally gave Rabbi Fischer the name of the representative for their side.  Their choice made Rabbi Fischer suspect they were making a mockery of the entire negotiation process.

Their representative was one of the slumlords of Crown Heights who never had the best interest of the kehillah at heart. This was one of the slumlords who made the community suffer by putting the lowest of all possible elements into his buildings! He was concerned with his own personal profit only. Rabbi Fischer could not believe that such a man could be the representative of the Crown Heights community in good faith.

Meanwhile Rabbi Fischer’s brother, his representative, could not get in touch with their representative for weeks. He would never come to the phone. The heads of the mosdos called the Rabbonim and told them that the Vaad’s representative was not serious about negotiating. The Rabbonim talked to him and they were able to get him to come to the phone to set up a meeting. It was agreed that Rabbi Fischer’s brother would come to N.Y. after Yom Tov to meet with him.

In the meantime, Rabbi Fischer asked Rav L. why the Rabbonim did not stop the court proceedings from continuing as they had agreed upon. Rav L. answered that they could not do so because the court cases had cost the plaintiffs $100,000. Rabbi Fischer said that was irrelevant, the Rabbonim had agreed to stop the cases and they had not. Rav L. said they would stop the court cases only if Rabbi Fischer would pay them the $100,000 in expenses that it had cost them. This answer was a way to extort $100,000 from Rabbi Fischer and it was an excuse for not having the cases stopped.

Rabbi Fischer’s brother came to N.Y. and met in the home of the other side’s representative. Their representative’s main point was that he believed that Rabbi Fischer was indeed 90% correct on all the issues and that this was a case of sinah and kinah, jealousy and hatred, against Rabbi Fischer. Rabbi Fischer had become very successful building up Crown Heights and this caused much jealousy of him from enemies. They proposed that in such a case of jealousy, it is wise for the person to compensate his enemies to curb their jealousy of him.

As compensation for their jealousy, Rabbi Fischer offered them full management over one Section 8 project as a start and if things worked out they would continue further. In this way the Vaad would feel it had power and control. The representative seemed to be quite satisfied with that offer and he said he would present it to the Vaad.

The Vaad said that this offer was nothing and that they could not accept it. They wanted millions of dollars instead. Rabbi Fischer would not agree to this.

Rabbi Fischer’s brother came back to Israel and he waited for the other side’s proposal since it was their turn to make one. No proposal was forthcoming. Then one day Rabbi Fischer received a letter in the mail calling him to a Din Torah to a Rabbinical court they would approve of. Again, this was in breach of the agreement. The Rabbonim had agreed to make a settlement and not to get involved with Din Torahs anymore. This time the Rabbonim, knowing that Rabbi Fischer wanted a Zablah and not their Beis Din, told him that he would have to go to a Din Torah only with Lubavitch Rabbis who they would approve of.

The other Rabbonim of Lubavitch would never have the nerve to go against the Rabbonim of Crown Heights. They feared for their own futures and positions lest the mobs be let out against them also. This would be another “fixed trial” for sure!

This was surely an outrage! These were the same Rabbis who had harassed Rabbi Fischer, gave him an unfair Din Torah, permitted others to drag him into civil court by moisering on him, spread hatred and lies about him, served him with an illegal nidui, broke the agreements from the negotiations, and now they wanted that he go to a Beis Din with Rabbis only approved by them? Was there no end to their unfairness?

The Rabbonim issued a letter stating that the siruv and the nidui were again on Rabbi Fischer. A little while later Rabbi Fischer came to N.Y. He came to the levaya of the Rebbetzin Chaya Mushka (ע”ה) and to the shivah also. Then he attended the Rebbe Shlita’s minyan.

The Vaad and Mr. Took (is what we’ll call one of the major mastermind conspirators behind the entire “holy war”) became incensed with anger at this and they alerted the Rabbonim as to what steps they felt the Rabbonim should take. They immediately issued a letter stating that Rabbi Fischer was not allowed to come to Crown Heights and that anyone who sees him in shul should throw him out. Rabbi Fischer, upon seeing this letter called the aforementioned heads of the mosdos and told them that the Rabbonim had broken the agreement. They had agreed to lift the nidui and they had not. They immediately issued another letter stating that Rabbi Fischer did not provide them with a representative in the negotiations as he was supposed to and therefore they were reinstating the nidui. Another blatant lie in this intricate web of deceit! It was Rabbi Fischer’s representative who chased the other side’s representative. Then when they finally did meet, the other side said they felt that Rabbi Fischer was 90% correct on all of the issues. (See pages 64-65 ).

Clearly if anyone has been willing to end this bitter machloykes in a way of shalom it has been Rabbi Fischer and not his jealous, hatred ridden enemies!

PDF Document

Free translation of the letter

To the Honorable Rabbi Dovid Fischer,

In answer to your letter about the letter that was publicized by the Vaad Hakahal, in which they write amongst other things, that I and Reb C. S. Deitsch requested of them the opportunity to finish the painful episode, and the obligation to give authorization to your representative to negotiate on your behalf for the duration of three months to end the judgments and things, etc. And on this basis, they have removed from you the violations (prohibitions). And you think that maybe, truthfully I and Reb C. S. Deitsch fooled you and lied to you, and we have obligated (you) to things that we did not tell you about in the negotiations. And you end (your letter) with harsh words that if this is true, then it is a real
disgraceful act “from our part”!

It was very painful for me to read your harsh letter, and it is possible to understand your position.

I want to tell you that we did not lie to you even with one word throughout the period of the negotiations. Also by reasoning that if we were to agree to things that you would not agree to, then the lie(s) would be revealed and I would suffer great loss….

A. The representatives of the Vaad Hakahal, they are the ones that asked me to enter (intercede) and help solve the painful problem, together with one member of the Beth Din Tzedek Shlita.

I was fearful of all this, that I would not succeed, and they pushed me to it.

B. We obligated ourselves, in writing, to the Beth Din Tzedek Shlita, that we will pass on to them the names of your representatives within two weeks and we accomplished this in one week. We never promised that you will submit a written authorization.

C. (With regard to) what they write that you did nothing during this time, it is possible to see the opposite of this in the warning letter of the Beth Din Tzedek Shlita. (In which) they write that nothing came of the meetings with your representative, your brother…..The people who came to me to look into what occurred now, and they are many, know that your brother started the negotiations on Rosh Chodesh MarCheshvon and that he met with them three times. And afterwards, your brother came here again on Rosh Chodesh Kislev, and he contacted their representative Rabbi Sholom Ber Drizin and he (Rabbi Fischer’s brother) did not receive an answer from him (Rabbi S.B. Drizin).