In January ZA’AKAH posted about a lawsuit against Beis Yaakov of 18th Avenue for failure to report abuse allegedly committed by Rabbi Eliyahu Haimof, rabbi of Kahal Lema’an Achai in Boro Park. The complaint alleged that Haimof (named in the suit as Aleksi Khaimov) fondled Plaintiff’s genitalia, digitally penetrating her at least twice. The complaint further alleged that Haimof repeatedly beat and threw objects at the alleged victim. Plaintiff alleged in the lawsuit that she appeared in school with visible bruises and twice disclosed to two principals that Haimof had beaten her, but neither of them ever reported it.
In response to ZA’AKAH’s posting the allegations against Haimof, he found a lawyer who specializes in debt collection to send ZA’AKAH not only a cease and desist, but a threat that if the post wasn’t taken down by the next day ZA’AKAH would be hit with a lawsuit. In its response to this threat, ZA’AKAH reminded this lawyer that not only was the coverage of the case covered by the Fair Reporting Privilege, but that New York has very strong Anti-SLAPP protections, and that the frivolous filing of such a lawsuit would result in steep monetary penalties against his client. No lawsuit was filed.
Instead, ZA’AKAH received a summons to Badatz Mishpitei Yisroel on behalf of the plaintiffs, Rabbi Eliyahu Haimof, and his shul, Khal Lemaan Achai, for defamation, lashon hara, and rechilus. The beis din that issued the summons proudly boasts that it was established by Yisroel Belsky. The same Yisroel Belsky who publicly advocated for Yiddy Kolko despite his notorious abuse of dozens if not hundreds of boys in Camp Agudah and Yeshiva Torah Temima. The same Yisroel Belsky who very publicly destroyed the lives of Yosef Kolko’s victim and his family.
This same beis din also summoned the victim of Nechemya Weberman and her husband to a din torah in 2022 so Nechemya Weberman could sue them for compensation and damages. Notably, not too long after that, UTA paid a very large amount of money to the victim to settle the civil lawsuit against itself, Bais Rochel, and Weberman.
In the beis din’s latest summons they issue an ikul against ZA’AKAH not to continue being motzie shem ra on Eliyahu Haimof. This is a fundamentally incompatible order with allegations of Lashon Hara which is a statement that is true but nonetheless considered harmful to its subject. If ZA’AKAH doesn’t remove its posts about Haimof, the beis din threatens to issue an ex parte Heter Arkaos to Haimof and Lemaan Achai allowing them to pursue action in civil court. Haimof must not have informed them about his initial threats of civil litigation against ZA’AKAH before seeking such a Heter Arkaos.
Finally the beis din summons ends with a threat of seruv against ZA’AKAH. The text reads: If you continue ignoring the beis din, left with no choice it will issue a seruv against you to inform the public of your brazenness toward the beis din.
The chutzpah is all theirs.
The work continues.
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