(By Rabbi Yair Hoffman for the Five Towns Jewish Times)

There have been three new developments in regard to the scandalous sale of the 100 year old shul in Boro Park known as Anshei Lubawitz, located at 4024 12th Avenue in Boro Park.

According to the Daily News, the shul was sold June 14 to developer Moses Karpen. The developer wants to demolish the building and convert it to a six-story apartment building.

Seventeen members of the synagogue say they only found out about the sale a few days after it occurred. They contend that two board members behind the sale made no effort to seek other offers and that the building was never offered on the open market before it was sold to Karpen, who is a friend of one of the board members.

IRREGULARITIES IN THE SALE

Last week, the court found that there were numerous irregularities in the sale of the synagogue. The first one is that the property was transferred with no actual money given to the synagogue, nor have funds been placed in escrow. The court ruled that the sale can indeed be rescinded even if the Attorney General is not present. There was also no closing date in the contract with the builder to actually provide a functioning shul and for the transfer of title to the shul. The court also found that the petitioners have responded in a timely manner. There are very few guarantees that the synagogue will receive the moneys promised and or the synagogue building. 5TJT and YWN readers are encouraged to read the specifics of the court ruling by clicking here.

The “intervener respondents” had argued that once the sale was made there is no legal means of reversing the sale. The judge sided with the petitioners that the sale can indeed be reversed.

As soon as the petitioners place the bond they can get a preliminary injunction that would prohibition any demolition or alteration of the structure.

As an aside, the gas was shut on the minyan and the mispallelim want to go back upstairs and the gas and heat to be turned back on. The mispallelim signed a petition to allow them to daven in the shul again in the upstairs area. The petition is included here as well.

RAV SHTERNBUCH ISSUES A RULING

The second development is the fact that Rav Moshe Shternbuch the Raavad of the Eida Chareidis in Jerusalem has issued a ruling on this particular sale and has demanded that the sale be reversed.

The translation of this ruling is found below:

19 Kislev 5778

Regarding the matter of the synagogue in New Boro Park, New York that is both tall and beautiful, and now there are those who are making money through the sale of it to a contractor

who will build condos, and he promises that the first floor will be used as a synagogue.

The prohibition to knock down a synagogue is most severe, and it is not permitted to do so unless there is no place now for those who are davening. But now the synagogue is better as it is, for it is a building in and of itself. They are knocking it down to make money and this affects its Kedushah and it is a complete prohibition.

The sale is being done against the will of those who are davening there and even the board of directors does not have the right to violate a prohibition. It is clear that the community must protest this and demand the reversal of all sales and not allow this denigration of the Holiness of a synagogue.

In anticipation of much Divine Mercy,

[Rabbi] Moshe Shternbuch

Raavad, Eida Chareidis of Jerusalem

NO PROBLEM OF ARKAOS

The third development is that a Beis Din has ruled that the petitioners can still pursue the matter in secular court, even though the Attorney General is no longer the defendant. Previously, those who had conducted the “sale” to the developer had argued that the members and mispallelim could not pursue the matter in court because that would be going to Arkaos – secular courts – which would be forbidden. Aside from the fact that this would enable the shul to be sold out from under them and that any Beis Din would permit stopping it to prevent a sordid deal, here the petitioners were trying to stop the Attorney General.

Now that the court has ruled that the Attorney General’s presence is not required in order to negate the sale, it was worthwhile to obtain a heter from a Beis Din to prevent the loss of the synagogue. The Dayanim issued the ruling that it was indeed permissible to reverse the sale in gentile courts.

A number of Gedolim have taken a strong interest in this case because, of late, there have been a number of incidents where profiteering has been attempted in the taking over Shul entities. This is something that is considered a denigration of the holiness of the synagogue.

The author can be reached at [email protected]