Since 2017 when a developer attempted to demolish Anshei Lubawitz, the oldest shul in Borough Park, and a historic Chabad shul, there has been an ongoing court case to prevent the sale and demolition of this Jewish landmark. The case has been successfully transferred to a Beis Din headed by Reb Daniel Geldzahler.
Rabbi Geldzahler is scheduled to release a list of proposed members, and the Beis Din’s membership criteria. The parties will have an opportunity to challenge the opposing side’s members once the criteria and proposed list is released.
Rabbi Shlomo Segal, Dayan in the Crown Heights Beis Din and member of Vaad Rabonei Lubavitch, explained in a Shiur at the Sunday morning Kollel of the Bainuni Shul, how the Beis Din seems to be avoiding the key Halachic issue, and is taking the narrative at face value; Assuming that a Shul may in fact be sold, as long as the members would agree. This has led to a labyrinth of attempts at determining who indeed is a member, and if they would agree to the sale.
Rabbi Segal explained that, from a Halachic standpoint, the very premise that a Shul of such stature may be sold is deeply flawed:
The shiur addressed the Sugya in Maseches Megilah which discusses how one may sell a Shul. Rabbi Segal clarified that any Heter would only apply to a rural Shul (which is only used by locals). Regarding an urban Shul, being that outside visitors use it as well, it belongs to the visitors as well, as property of the general public.
The commentators approach this in multiple ways, each one more stringent that the other:
The owners are dispersed throughout the world, and we can therefore never make a proper “board meeting” and vote, as we can never find all of the “members”.
By definition, a “community”, is a category of its own. Not just a loose collaboration of individuals, rather a new entity, of which none are owners. Therefore, even if hypothetically, we would be able to locate all beneficiaries of the shul, and they would all consent to the sale, it would nonetheless not be able to be sold.
As it was made with the community in mind, it has a “stringent sanctity” which doesn’t allow a sale.
Rabbi Segal said that it is clear that a shul with a name like Anshei Lubavitch (alluding to the mission of Lubavitch to connect with every Yid), located in a central urban setting such as Borough Park, which attracts many patrons from around the world, may not be sold under any circumstances.
(Additionally, the way membership is being determined, as well as other points in this case, seem to require further analysis).”
עיין פרק בני העיר בתחילתו, ובתוספות דיבור המתחיל כיון: “כיון דלדעת אותן רבים נעשה, חמורה קדושתו ואינן יכולין למכרו”. ועיין גם ברשב”א על אתר, “וכאילו הקדישה לכל, ואין לה בעלים וכענין מקדש”.
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