Chapter 9: The Misconception about the Zayan Tuvei Ha’ir

“Let there be no hope for informers” (Shemonei Esrei)

The reader may be asking the following question by now: What made the Vaad HaShechunah so audacious as to believe that they could get away with waging a “holy war” against Rabbi Fischer?

The day before Taanis Esther, Rabbi Fischer received a letter stating that he had to hand over three deeds of three houses to the Vaad immediately. These three deeds cost him quite a bit of money (he justly felt that the properties were his since, as was mentioned in the previous chapter, the investors had abandoned the properties leaving them with Rabbi Fischer as the rightful owner) and he protested this unfair demand. One of the members of the Vaad (we’ll call him Rabbi Squealman) called one of the Rabbonim and asked him, “Didn’t the Rabbonim say that we were the Zayan Tuvei Ha’ir (the Seven Chosen Ones of the City) and being so we have the right to take away whatever we want if we deem that it would be good for the community to do so?” The Rav answered him, “Yes.”

Upon hearing this Rabbi Fischer realized that if the Rabbonim held the Vaad as the Zayan Tuvei Ha’ir then they did not even believe that a Din Torah was necessary. According to this definition of the role of the Vaad, they could automatically take whatever they wanted from any member of the community. Another chosid, Rabbi S., was told the same thing by the Vaad being that the Vaad could take his house if they wanted to. Even if Rabbi Fischer did receive a fair Beis Din with them, which was highly unlikely, its psak could be deemed invalid by the Zayan Tuvei Ha’ir anyway.

While Rabbi Fischer was still waiting for the original psak din from (the “fixed trial” of) the Beis Din, he was served with a nidui. This nidui was supposedly imposed because Rabbi Fischer refused to go to a Beis Din. This was a blatantly illegal nidui because the entire premise for it was false. This issue will be discussed in more detail in Chapter 9.

Considering all of these events, Rabbi Fischer left the country for Israel shortly after Purim time. Even so, he had his representative inform both the Vaad and the Rabbonim that even after all of the unfair treatment of him, he was still willing to go with them before a Zablah Din Torah. They, however, wasted little time and dragged him into civil court (see Chapter 7 for details of court cases).

The concept of the Zayan Tuvei Ha’lr* comes from days of old when these Seven Chosen Ones were considered be greater than the Beis Din of Yerushalayim. That is why Rabbi Squealman told one of the Rabbonim that they did not need to go to a Beis Din to take any “field” in the community that they wanted. This was what the role of the Zayan Tuvei Ha’ir was historically – they were an authority higher than the Rabbonim of their day.

This concept was taken as an interpretation of one of the Rebbe Shlita’s sichot. It was decided to interpret what the Rebbe said once in a sicha regarding this concept of the Zayan Tuvei Ha’ir as referring to the seven members of the Vaad haShechunah of Crown Heights!

The Rebbe was informed of this interpretation of these seven members of the Vaad as the Zayan Tuvei Ha’ir. The following is a translation of the Rebbe’s answer concerning this:

“Received and thanks. I mentioned and several times (so) that nobody should read hints etc. into my words, oral or written, and I am stating this again and so that it be clear:

a) The aforementioned (i.e. reiterated as above),

b) In my words there is no psak din at all,

c) The strength the Shulchan Aruch gives the Zayan Tuvei Ha’lr is strongly negated,

d)      Being that I mentioned this subject in my sicha-there is room to assume that this is my opinion regarding this Vaad Hakahal and its strength. This is the opposite of my opinion, and so too with regard to the future Vaad Hakahal. I say nothing with regard to the elections, except for the translation in the Shulchan Aruch that Lashan Hora (gossip), Holech Rachil (tale bearing), including in my name, Machloykes that is not for the sake of Heaven, all as is explained in the Shulchan Aruch.

The above answer is from the Rebbe Shlita, 4 Elul, 5748, to Agudas Chabad, Rabbonei HaShechunah and the Election Committee.

From the answer mentioned above it is quite apparent that the Rebbe did not hold by the Vaad as the Zayan Tuvei Ha’ir. It was a premise of the Rabbonim and not of the Rebbe Shlita. When the Rabbonim were asked from what premise this interpretation of the role of the Vaad was based on, the Rabbonim answered that it was based on the Rebbe Shlita’s sichot.

Do we as Chassidim hold by the Rebbe Shlita? If the Rebbe Shlita says that he never meant to say that the Vaad is the Zayan Tuvei Ha’ir and others say that the Rebbe did mean this, then whom do we hold by? (See pages 43-44)

The Rebbe Shlita’s answer also implies that the Rebbe Shlita expected that there be elections for a new Vaad in the future.

From this we can see that with all due respect to the greatness of the Rabbonim, it is quite possible for them to render incorrect decisions and interpret the Rebbe’s sichot incorrectly. This does not. however, minimize the fact that they are Rabbonim.

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