זשואיש פרעס: התאחדות הרבנים לא ציית דינא

http://thejewishpress.com/news_article.asp?article=5822

Tendler Decision Sparks Fallout
Posted 12/14/2005
By Special to The Jewish Press

Reaction to the November 28 decision of the Jerusalem Bet Din of Israel's Chief Rabbinate declaring the Rabbinical Council of America in defiance of its rulings (''Lo Tsayis L'din'') in the Tendler case has been fast and furious, sources say.

The RCA leadership is reportedly being challenged by some of its members to answer how the group can ignore the rulings of an established bet din. Some are asking whether performance of religious functions such as wedding ceremonies, kashrut supervision and serving as pulpit rabbis can be compatible with membership in a group that has been declared in open defiance of the rulings of the internationally recognized bet din.

They are also asking whether the activities of the RCA-affiliated Beth Din of America, the chief judge of which was named as a defendant in the bet din proceeding, can have any halachic legitimacy.

The Jerusalem Bet Din ruling has reportedly had a ripple effect in Chicago because of the involvement of Rabbi Gedaliah Dov Schwartz in both the RCA and the Chicago Rabbinical Council.

Rabbi Schwartz, who sat on the panel that expelled Rabbi Tendler from the RCA and who was named as a defendant in the case Rabbi Tendler brought to the Jerusalem Bet Din, serves as the av bet din of both the RCA-affiliated Beth Din of America and of the Chicago Rabbinical Council's bet din. He also heads the CRC's kashrut supervision. Sources say several companies have indicated they are reconsidering the CRC supervision in light of the Jerusalem Bet Din ruling.

Officials of the CRC are reportedly urging the RCA to expeditously resolve the matter, and senior halachic authorities in Jerusalem are involved in the discussions.

In a conference call to discuss the matter, however, a high RCA official reportedly rejected any notion of bringing the RCA into compliance with the ruling of the Jerusalem bet din by rescinding Rabbi Tendler's expulsion and submitting the matter to an independent bet din.

A senior RCA official refused comment, and although CRC officials said they would get back to The Jewish Press for comment, as of press time they had not done so.