The conflict in the Ponevezh Yeshiva: Today (Monday), the dayan, the Grach"ga Zimbalist, conveyed to his brothers-in-law, the Gra"a Kahneman, president of the Ponevezh Yeshiva (representing the haters), and the Grash Markowitz, head of the Ponevezh Yeshiva (representing the terrorists), the ruling in the conflict tearing the Lithuanian yeshiva apart.
The ruling issued by the Grand Rabbi Zimbalist includes a 13-page document. The document is signed by Rabbis Zimbalist and Heisler, but the judge, Rabbi Perkowitz, who represents Rabbi Kahneman, refused to sign. His associates announced that he will publish his own ruling.
The ruling was given after numerous discussions held by the arbitrators over the past year - the first of which took place in the month of Shevat last year and the last about three weeks ago, and hearing the arguments of the parties and their attorneys.
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The ruling discusses the claim of Rabbi Markowitz, according to which the burden of maintaining the yeshiva has fallen on his shoulders in recent years, while his brother-in-law - the Gaon Rabbi Eliezer Kahaneman - shirks his duty to maintain and support the students of his yeshiva, contrary to the court's decision from 2000.
At the beginning of the ruling, the opinion of the dayan, Rabbi Heizler, is presented, ruling that "the students of the Rasham (the Gaon Rabbi Shmuel Markowitz) are students of the Ponevezh Yeshiva, with all that this implies, and are entitled to enjoy and receive all their needs from the fruits of the yeshiva, including the salaries of the rema'im and the mashgighim and the scholarships of the avrechim.".
The ruling also determined that the yeshiva management, headed by Rabbi Kahneman, will be charged with financing the monthly expenses of the terrorist yeshiva, headed by Rabbi Markowitz - 480,000 shekels each month for the maintenance of the yeshiva.
In the debate over the use of the name Ponivez, the two arbitrators decide that both sides are entitled to use the name Ponivez. As evidence, they cite the fact that on Shabbat and holidays, the youths on the terrorist side pray in the yeshiva hall, while the youths on the hateful side pray in the Ohel Kedoshim hall.
The Harach Zimbalist writes in his decision: "It was not Rabbi Markowitz who established a separate yeshiva, but Rabbi Kahneman and those identified with him... And how symbolic is it that during the Shabbat and holiday prayers, including the High Holy Days, the rabbis and students from Rabbi Kahneman's camp left the yeshiva hall and moved to pray in the "Ohel Kedoshim"... So we have a clear answer to the question: Who separated from whom?""
He further states: "Rabbi M. (-Markowitz) and Rami"u and his students are the ones who maintained the Psada and are the successors of the original Ponevezh Yeshiva. Rabbi Kahneman and those who followed him did not accept the Psada... Rabbi Markowitz's yeshiva will certainly be called the Ponevezh Yeshiva, and it is entitled to benefit from the resources of the yeshiva.".
The court set guidelines for the parties on how the yeshiva would be held and the money transferred for the benefit of the students of the Ponivez Yeshiva, under the supervision of an accountant and subject to a special mechanism established by the court. In conclusion, the court determined that this ruling relates solely to the financial claims between the parties, and that the other issues in the hearing will be discussed later.
The Gra Kahneman intends to appeal the ruling to the court.
