December 31, 2009

A Jewish Divorce Heads To Goyisha Court

A.B. emails: Dear Luke:

The Agudath Yisrael continues to employ Moses Kolodny part-time in its archives despite the fact that this man is assisting his daughter to seriously violate halocho by taking her estranged husband to court. he has been seriously warned by a very reputable Bais Din in Monsey, in fact the only bais din in new york not taking money and not a money making machine and racket, to get out of secular court. This man is guilty of a chillul hashem and according to haloho should be in cheirem.

Any claims that she only went to secular court because she does not like the Bais Din in Monsey are a lie as she went to court over a month before her husband chose this bais din, as is his right as the defendant in this case and the plaintiff has to go to the defendant’s bais din anyway.

After first going to secular court for money and an order of protection, with no valid heter from any bais din, miriam kolodny went to the livingstone street bais din and got them to issue a summons to this bais din for a get. either they were unaware or couldn’t care less that miriam kolodny and her father are such serious violators of halocho. once however they were informed of the idolatrous conduct of the kolodnys they refused to assist miriam any further and it is fifteen months since joseph perlman heard again from them.

in fact, the kolodnys were forced to go to…mr. ralbag of the triangle K hashgocho…to issue a summons for a get to mr. perlman. mr. perlman informed ralbag that he is willing to have the matter heard in the Monsey bais din as soon as the Kolodnys leave secular court. it is over two months since mr. perlman last heard from ralbag et al but for money clearly the technical aspects of being in contempt of bais din can easily be ignored.

Furthermore this family has been guilty of mesirah by making false charges of abuse dismissed as non-credible by the child services authorities in ny making them lose their share in the world to come for eternity.

The agudah continues to employ him despite letters being sent to all the agudah big wigs including zweibel and the novominske and all the members of the group of sages.

obviously halocho does NOT apply when it comes to one’s buddies and only is applicable to the hamon am, the riff raff of klal yiroel.

PS Here’s a link on Rabbi Herschel Shachter.

Here is the attached document in Hebrew.

RABBINICAL COURT SHAAR HAMISHPAT, 17 MOSIER COURT, MONSEY NY 10952, Tel (845) 425 9708

RABBINICAL COURT WARNING AGAINST THE WOMAN MIRIAM PERLMAN WHO HAS GONE TO SECULAR COURT AND HAS DESECRATED THE ALMIGHTY’S NAME AND AGAINST HER FATHER MOSES (MOUSA) KOLODNY WHO STRENGTHENS HER HAND TO RISE AGAINST THE BIBLE OF MOSES AND WHO IS GUILTY & SHOULD BE EXCOMMUNICATED

We are warning in a public manner that Miriam Perlman the daughter of Moses (Mousa) Kolodny who has gone to secular court against her husband Joseph Yerachmiel Perlman to make claim against him using the strength of a gentile court for child support before she even once summonsed him to rabbinic court, and afterwards while still in secular court, she invited him to a particular court in order to receive a Get from him, since she can’t receive a get from a secular court, and her husband answered that he is willing to be judged as a defendant on all her claims in our Rabbinic court, without any exception, and we sent her a letter of rabbinic court warning on the 7th day of MarCheshvan (2nd Jewish month of the year) that before anything else, she needs to completely leave secular court, as it appears in the Rema (the leading commentator on the Code of Jewish law, in Choshen Mishpat chapter 26, sub-chapter 1), that no one in rabbinic court should go to secular court.

And this particular woman, has rebelled against our warnings and continues to make claims in secular court against her husband, and instead of her father trying to make her go and listen to Jewish Law, he does the opposite, to give a hand to sinners and to encourage in the hand of sinners, and he wishes to protect her side, with (totally) worthless claims, as if it is permissible for her to go to secular court for child support since it is considered a “clear-cut obligation”, and clearly we won’t respond to such empty and worthless claims like these. But regarding his second claim, which he claims as a result of (his utter) ignorance, as if his son-in-law is obligated to offer his daughter, (the choice of) a rabbinic court that she finds satisfactory, and if not, she then has the right to impose on him rabbinic arbitration, and therefore she can continue in court until her husband agrees to one of these two options, and on this matter I will answer as follows:

1. It is unanimously agreed that the defendant has the power to choose a rabbinic court, even if this (court) is undesirable to the plaintiff.
2. The right of the defendant to choose a rabbinic court even applies if this court is lesser in knowledge than the court the plaintiff desires.
3. We hold according to Jewish law, that neither party can force on the other the requirement to go to arbitration, even if it is upstanding arbitration.
4. Everyone agrees that neither party can force on the other the requirement to go to “invalid” arbitration, that (prevails) today.
5. The hand of the defendant, who has the law of the “possessor” (equals 9/10 ths of the law) is stronger with regard to any disagreements between the two sides – when there is a disagreement between rabbinic commentators, and if this right (of the defendant) is removed due to the opinion of the minority of rabbinic commentators, this has the halachic status as “someone who errs regarding a stated law” (as opposed to someone who errs regarding a logical deduction).
6. Everyone agrees that a defendant who is willing to go to an upright rabbinic court, cannot be classified as someone who refuses to go rabbinic court, even if he chooses against Jewish law (e.g. too distant like 5 hours), and there is thus no permission to go to the secular courts, and how much more so when he chooses in accordance with Jewish law, like in this case. And anyone who (in this circumstance) relies on a corrupt permit is called a sinner and a deliberate one at that. (And see the next page, the sources from where we have based these axioms, with many sources of Jewish law, from very powerful words from our coders of Jewish law, from whose mouths we live and from whose waters we drink)

From everything mentioned above, all of Miriam Perlman the daughter of Mousa Kolodny’s stance of going to court , has no basis of permission at all. She has the law of someone who has lifted her hands against the Bible of Moses, one who desecrates the Almighty’s name and one who shows endearment to idolatry, and one who blasphemes and it is incumbent on rabbinic court to excommunicate her, as is brought down in the Code of Jewish law, in Choshen Mishpat chapter 26, sub-chapter 1. And similarly we are warning her father with a very harsh rabbinic court warning, that if he continues heaven forbid to strengthen her hand in secular court, the law that is applicable to him is clear in the Rema that it is necessary to excommunicate those who strengthen the hands of those who go to secular court and this is brought down by the Beth Joseph (the actual author of the code of Jewish law in his own commentary on the Tur (another authoritative book on Jewish Law) ) , and his source is the RIVASH, the RECANTI, MAHARASHDAM, the wolf Benjamin, the RASHVASH, Maareh Sason, and the Panim Meirot.

And once more, we are warning this woman, that any Get which is imposed on her husband (to give you) through any pressure and especially from the secular courts, will be invalid and null and void, and you will remain a completely married woman, and if you, Heaven forbid, remarry relying on this invalid Get, your children from your second will be complete “bastards”, in regards to every matter until the end of the generations (i.e. forever and ever), therefore understand the matter before you , this is a game of fire.

[And we are informing you that the rabbinic judges who sit on our rabbinic court “the gate of justice” – they are different judges from us, who have no idea what is currently taking place at this branch called “the guardians of justice” who deal with protecting the rights of a party in rabbinic court and are “clean” (free) from any knowledge of what has taken place previously.] And we now turn to anyone who has it within his/ her power to influence this woman and her father mentioned above to leave the courts, has an obligation to do so, and his share will be amongst those who cause merit and who strengthen the religion, and those who offer the warnings and those who listen to them, are like the waters of the river.

Regarding this, I hereby affirm our seal, in the name of the other Rabbinic court judges of the brach “Upholders of Justice” , Monday, 25th day of Teves, 1st day of Haunkah, 5769.

(RABBI) Abraham Samuel Judah GESTETNER

Head of the rabbinic court of branch “Those who guard justice”

Filed under Divorce, Haredi, Jews, agudath israel by

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