די וואך אינעם זשאיזש פרעזס רייסט ער געפערליך אראפ דעם חילול השם
More On The Cemetery In Toledo, Spain
The controversy about the Jewish cemetery in Toledo, Spain is still being argued by the various groups that strive to preserve our Jewish heritage and, especially, Jewish cemeteries. As this matter concerns our holy ancestors, wherever they eternally lie, this column is privileged to present the important elements of the disagreements, which are L'Shem Shamayim - For the sake of Heaven.
What Happened In Toledo
An unidentified and unregistered cemetery was disturbed during the expansion of an overpopulated Toledo middle school. The bodies found were identified as Jewish by archaeological experts that were instantly summonsed by the local municipality. Negotiations began immediately on how to reconcile the school's need of expansion simultaneously with the protection of the cemetery and the unearthed remains. After protracted negotiations, a resolution with the Spanish Federal Government and the Toledo municipality was achieved by the Committee for the Preservation of Jewish Cemeteries in Europe (CPJCE), led by Rabbi Elyakim Schlesinger.
The Resolution
On Sunday, June 21, 2009, 105 Jewish skeletal remains, originally buried there more than 600 years ago and recently wrongfully excavated, were re-interred by observant Jews in or near their original burial places within the original grounds of that ancient Jewish cemetery. This brought to a successful end the protracted multi-level negotiations that were launched upon archeological confirmation that the bones unearthed in excavations for the expansion of the overpopulated school were part of an unregistered ancient Jewish cemetery. Tombstones were destroyed long ago, denying identification of the individual remains.
A Different Opinion
After this column reported on the Toledo agreement (The Jewish Press, Machberes, June 12, 2009), this writer was contacted by Rabbi Moshe Dovid Niederman, universally respected president of the United Jewish Organizations of Williamsburg (UJO), as well as by Dr. Bernard Fryshman, renowned activist for the observant community. They both felt that the agreement was a compromise and, therefore, unacceptable. The letter by Dr. Fryshman was published in full in this column (The Jewish Press, Machberes, June 26, 2009).
The Rejoinder
In response, we received a letter from Rabbi Abraham Ginsberg, Executive Director of the Committee for the Preservation of Jewish Cemeteries in Europe (CPJCE), 34-A Fairholt Road, London, England. The following is his rejoinder and his words:
"We refer to the article published last week in The Jewish Press regarding the reburial of the skeletons of the ancient cemetery in Toledo-Spain, which we feel needs clarification of various facts and events:
"1. First and foremost, we must vehemently condemn the use of the phrase 'compromise!' Our organization, which for the past 20 years has been led by many of Europe's most distinguished rabbis (Including: Rabbi Elyakim Schlesinger, Rosh Yeshiva Horomo; Dayan Ahron Dovid Dunner, Rabbi Chaim Wosner, London Satmar Rav: Rabbi Bentzion Blum, London Bobover Dayan; Rabbi Zev Feldman, Kedassia Beth Din Dayan; amongst others) has never compromised or been lenient in any manner when it comes to halachah. Their actions are all according to halachah and every facet is explored and discussed by them. Their everyPsak Din is made public, widely publicized, and fully endorsed by Rabbi Shmuel Wosner, author of Shevet Levi and preeminent posek. We are all hurt when the actions of such a consequential body of rabbis are wantonly and publicly challenged.
"2. Those various individuals who have tried to intervene in the issue of Toledo, know very well that success was not achieved by attacking the Spanish authorities and mentioning the expulsion of Jews in 1492. Such approaches did not get anywhere and did not contribute to the issue.
"3. Should an individual be unsatisfied with the outcome of the Toledo issue by the CPJCE rabbinical board, one may respectfully ask for clarification. However, in the past seven months there has been not a single attempt to speak to ANY of the aforementioned rabbis in this regard.
"4. Those groups and individuals who publicly criticize the handling of the Toledo issue continue to increase the volume of their wrath against the Spanish Government. What, may we ask, was done by anyone else to try and resolve the issue, and what attempt was made by anyone else to negotiate with the Spanish authorities regarding cemeteries in Spain? The answer is none We therefore find it extremely disturbing and shameful that after months of tireless efforts of the CPJCE, after many meetings with the aforementioned rabbis, and after meticulously confirming to the well publicized Psak Din, public criticism is made of the success of resolving this issue.
"5. The fact that a Psak Din of renowned distinguished Torah leaders can be publicly ridiculed in a major Jewish newspaper is regressive and detrimental, and causes great damage to the respect of Daas Torah. Plainly, it is a chillul Hashem, and could serve chas vesholem as a dangerous precedent, if not loudly denounced.
"6. The chillul Hashem of holding a protest rally outside the Spanish Consulate in Manhattan only 24 hours after the Toledo reburial of the 105 Jewish skeletons is not only a despicable and cowardly act of a massive intransigence, it is a very dangerous act that could jeopardize any chance of co-operating with any other government in Europe, or elsewhere. We suspect that personal issues, political agenda, and some publicity in the press have become their priority rather than holy task of saving kivrei Yisroel.
The demonstration conducted outside the Consulate of a Government who has just delivered on their promise to return the remains and to rebury them in their original cemetery grounds, a government that is responding favorably and acting positively in their adhering to the pleas of Klal Yisroel, deserves the strongest censure.
"7. The attempt at retrospectively denouncing what happened in Tarrega in 2007 was not accompanied by citation of any effort of protest or correspondence. In fact, those complaining were actively involved with a local reform Jewish organization in transferring the remains that were removed from Tarrega to nearby Barcelona, which had set a precedent to the cemetery disturbance in Toledo!
"8. The Federation of Jewish communities in Spain (FCJE), although initially acquiescing to what happened in Toledo, they have since retracted their position and have fought very strongly to save the cemetery. The FCJE could have very easily agreed to the transfer of the remains to Madrid as early as last October (2008). Instead, they invited us (CPJCE) to Madrid and were full participants in all of the negotiations, and in the reburial of the bones. The FCJE expended considerable money and efforts in this struggle. They faced mounting pressure to acquiesce.
"In response, they have now established an Orthodox rabbinical board, which will advise and guide them in all halachic issues. We have to support them and encourage them further to co-operate with the Torah world rather than publicly ridiculing them, which could, G-d forbid, have adverse consequences.
"In conclusion, the Toledo matter was dealt with by Europe's most distinguished rabbis and that there was absolute no compromise. Attacking the outcome is a great error. This clarification will restore the appropriate honor and esteem of the above mentioned rabbis, who were so shamefully and publicly criticized."
