Chapter 7: Betrayal and Mesirah

12/22/2010

“Be gracious to me, G-d, for man yearns to swallow me; each day the fighter oppresses me” (Tehillim 56:2)

During the months of Shevat to Adar, a siruv was already placed against Rabbi Fischer for not handing over the books and ledgers he had in his possession. Eventually he did disclose them (against his better judgment). The Vaad was not satisfied and kept alluding to other books and ledgers they wanted because they had no proof to use to enable them to carry out their plans. It was then that a siruv was placed on Rabbi Fischer; this itself was a questionable act.

Rabbi Fischer had told the Rabbonim, verbally and in writing, even by the posting of public letters that he would appear before a Beis Din. He respectfully asked that the siruv be removed but they would not comply. Moreover, Rabbi Fischer told the Rabbonim that he would disclose all the names of individuals who had at one time or another invested money towards the purchase of buildings to prove that the Vaad’s allegations were indeed groundless. He would do so, however, only on the condition that this information would remain in complete confidence and not be divulged to anyone.

The Rabbonim answered him that the Vaad must have the information that they asked for. They also told him that the Vaad wanted even more books and records. This was because they could not find anything incriminating against Rabbi Fischer. Since when can a plaintiff (toveah) make demands before a Din Torah takes place?

Rabbi Fischer explained to the Rabbonim that since he agreed to appear before a Din Torah, then the Din Torah would decide these issues. If the Din Torah would decide that the buildings belonged strictly to Rabbi Fischer then there would be no need for him to hand over his books and records. The Rabbonim answered Rabbi Fischer with a resounding “no” to this and ordered him to disclose his books and records to the Vaad since the Vaad had requested that he do so.

These were really issues for a Din Torah to decide but as we will soon see the Din Torah was a farce.

Rav L. even made a remark saying “I slept well before the books were given and I sleep well now after the books were given. I have no understanding or knowledge in these matters. Since the Vaad is requesting that you give them these books and ledgers then you must do so.” Rav R. reiterated these same sentiments. Rav R. would put one of the Vaad members (we’ll call him Rabbi Tatty) on the phone and tell Rabbi Fischer to do whatever Rabbi Tatty tells him to do.

In America there is a term called ‘fixed trial’. This is a trial in which the outcome has already been predetermined, a decision already made; a trial in which the defendant has already been prejudged. This is a trial in which a psak has already been rendered before submission of the evidence. Such a trial makes a mockery of justice and is only a show for the public. The Beis Din called Rabbi Fischer to a ‘fixed trial” and he knew it. The Psak Din had already been verbalized by one of the Rabbonim before the Din Torah was held! This Rav had stated that he would “show Rabbi Fischer who was the boss.”

Since Rabbi Fischer was also himself a Rav and had many years of experience, he knew that halachically he was not bound to go before such a Beis Din in which he felt the Rabbonim were biased against him. He therefore requested to go to a different Beis Din called a Zablah (the issue of the Zablah will be discussed later on in more detail). When Rabbi Fischer saw that the Rabbonim would not agree to his request for a Zablah he wrote to the Rebbe, Shlita concerning his ordeal.

The Rebbe answered Rabbi Fischer that even if he were 100% correct on all of the issues, he should try to prevent a possible Chillul Hashem and go with the plaintiff to a Beis Din. Only a tzadik and a prophet like the Rebbe could forsee the magnitude of the Chillul Hashem that could be created form this machloykes. Who could ever in our wildest imaginations foresee a Chillul Hashem on the scale of the mesirah of the Rico Act, a mesirah not only on Rabbi Fischer but on all of Lubavitch? (May Hashem protect us!) Meanwhile, the harassment of Rabbi Fischer continued day and night but the Vaad was now demanding that the hand over all of his business books and records, even his private transactions. They still would not give a reason for their demands. The reason was so obvious that it need not be given. The Vaad was looking for ways to steal Rabbi Fischer’s properties. At first he refused to disclose anything because he was not halachically bound to do so. The Rabbonim, however, forced his hand by placing the siruv against him. They said they would remove it but the Vaad would not permit them to do so.

Upon consideration of the Rebbe’s advice, Rabbi Fischer decided to go before the Beis Din of Crown Heights. It seems to be hypocritical that Rabbi Fischer had served two members of the Vaad with three hazmonahs each from Agudas HaRabbonim to appear before a Beis Din with him, and they did not honor them. His enemies could harass Rabbi Fischer, and threaten him with nidui, while they, the members of the Vaad could remain above the Shulchan Aruch.

It was agreed to have a Din Torah and it concerned a dispute over the ownership of a building. It will be called building A. The day before the Din Torah Rabbi Fischer called one of the Rabbonim, we’ll call him Rav L. Rav L. was the same one who had publicly stated his psak against Rabbi Fischer. Rabbi Fischer asked Rav L. if he could bring a halachic representative, or a toyain as it is called in Hebrew, to argue his case for him the next day at his Din Torah. Rav L. unequivocally denied his request. He said his reason for denying this request was because Rabbi Fischer’s toyain was not a Lubavitcher. Rabbi Fischer explained that this man was a friend of Lubavitch and an experienced toyain. Rav L. suggested the names of some Lubavitchers who he said might be Rabbi Fischer’s toyain if he wanted one. None of the ones he mentioned were trained specially as toyainim and Rabbi Fischer told Rav L. that they were not acceptable. Rav L. concluded by telling Rabbi Fischer that he could argue his own case for himself. Rabbi Fischer reluctantly agreed to this. A condemned man facing a “fixed trial” can get no fair representation.

According to the Shuchan Aruch there must be an equal number of people on each side of a Din Torah. Rabbi Fischer came to his Din Torah only to find that the other side had many more people than he did. He had only two. Rabbi Fischer pointed out the discrepancy and the Rabbonim then requested that the other side reduce theirs to two also.

The kinyan, or the agreement to abide by the pask of the Rabbonim was signed by both parties, the tape was turned on, and the Din Torah began.

The other side began and spoke for a full hour. Then it was Rabbi Fischer’s turn to present his case when Rav L. stood up and said he had to leave in twenty minutes.

Rabbi Fischer cited the halacha that says that each side must be given equal time to present their case. Rav L. said that he could not help it but he had to leave in twenty minutes, and that Rabbi Fischer would have to tell his side of the story in the short time allotted him. Rabbi Fischer had no choice and presented his case as best as he could in the short time allotted him. The Rabboinim concluded by saying that they would set up another appointed time several days henceforth when Rabbi Fischer could have another session to complete his presentation.

Rabbi Fischer called Rabbi W. on the day that the session was supposedly set up for to find out what time to come. He was referred to Rav L. Rav L. said that he had not even remembered that there was a session set up for that day at all. He said he was too busy for a session for that day anyway and he told Rabbi Fischer to wait to be advised as to when another session will be held. Rabbi Fischer was never advised as to another day. No psak was ever issued.

Then one day Rabbi Fischer received a letter in the mail calling him to a civil court to settle the dispute that the Din Torah was set up to solve. This was the first in a series of acts of mesirah committed by the Vaad against Rabbi Fischer. Contrary to the lie told by the Vaad, Rabbi Fischer was the defendant in these cases and they were the plaintiffs. This is a fact for the public record (see pages 32 to 35).

Not only that, but he was called to a civil court without ever getting a psak from the Din Torah. Rabbi Fischer signed the kinyan, where was the psak? The “fixed trial” decided its judgment even before it convened and then it never even bothered to render a psak! Along with this case, two other cases on two other buildings were filed against Rabbi Fischer for which Din Torahs were never even called. In defense of their despicable actions the Vaad made the preposterous assertion that Rabbi Fischer had refused to come to a Din Torah with them therefore this act of mesirah was justified.

The web of lies woven by the Vaad against Rabbi Fischer was carefully constructed to rally the people of the community behind them in their “holy war”. The first lie was that Rabbi Fischer stole the community’s buildings. The next lie was that he refused to appear with them before a Beis Din. Then when he did come with them to their Beis Din they told the lie that he would not listen to their psak when one was never given out. This web of deceit served to enable the Vaad to commit mesirah against Rabbi Fischer in the name of the Vaad for the sake of the community. and in the guise of a “holy war”.

This is the tragic tale of betrayal and mesirah. It is the story of the betrayal of Hashem and His holy Torah and of the committing of what Torah considers one of the lowest of all possible aveiras—mesirah!

Historical Document #6