Request for restraining order in Yated refused. Exclusive: the decision

Exactly a month after the overturn in Yated Neeman newspaper, yesterday (Wed.) a critical stage in the battle of control over the Litvishe daily newspaper was sealed. In the afternoon, after a nerve wrecking wait of both conflicting sides, the district court in Tel Aviv published its decision in the Yated Neeman affair – and the result is clear – a victory for the new "Boss", the businessman Shimon Glick.

It is not certain that the judge of the economic unit in the district court in Tel Aviv, Ruth Gonen, understood the meaning of the decision she took. Most probably, what she saw in front of her were the paragraphs of company laws and organization laws, more than the conflict which is tearing the Litvishe public. But no doubt, her decision will have heavy implications regarding whatever pertains to this public and its leadership in the coming years.

Already yesterday morning, Harav Moshe Aharon Braverman, Harav David Epstein and the businessman Shimon Glick, went up to the home of Hagr"c Kanievsky, to receive his blessing for their success in the court case.

"Who is going to court?" asked R' Chaim, as one who did not understand.

When they told him, he seemed in complete shock.

"What, they are raising their hands against the Torah of Moshe?" he found it hard to absorb the matter. Later on, they went up to the home of Hagr"g Edelstein, Rosh Yeshiva of Poneviz, who also blessed them with success. "The generation has a zchus. Boruch Hashem we have a leader like R' Aharon Leib Shteinman," he told them.

- The full version of the court's ruling in the Yated Neeman affair. Special

Armed with these blessings, and with Birkas Haderech of Hagray"l Shteinman, Shimon Glick and his attorneys arrived this morning in court, in front of Judge Ruth Gonen, who could not conceive of the saga which underlies the hearing before her.

The hearing in her court started with a request for a restraining order, which the members of the old management of Yated Neeman handed in.

Previous to the start of the hearing, both sides tried to find out what the stance of Harav Yosef Chaim Kofshitz, Rosh Yeshivas Porat Yosef is. Not that the people of Harav Shteinman doubted it, but they still had to come prepared suitably to court.

Will Harav Kofshitz arrive?

On behalf of the appeal for the restraining order stood the "Yetedot 1986 publications and advertisements LTD" company.

On behalf of the petitioners were: Shimon Glick, the Rabbonim Moshe Aharon Braverman, Natan Zochovsky, Shmuel Epstein, Shlomo Eisen, Yechezkel Aschaik, Moshe Elinson, Shlomo Stern, Eliezer Kaplan, Yitzchak Wizel, Mordechai Karelitz and the organization "Yetedot 1986 for instilling values of Judaism".

On behalf of the attorneys, the representatives of the appealer: attorneys Vilensky, Meir and Cohen.

On behalf of the petitioners were the attorneys Forer, Herman and Avni, and the representatives of the organization attorneys Tzunz, Horesh and Kobi.

The hearing was opened by attorney Forer, on behalf of the petitioners, who mentioned that Harav Yosef Chaim Kofshitz is indeed not present, but he handed an affidavit regarding the events which occurred on the 5th of the month. In addition, he prepared an additional affidavit regarding the events of the 21st of the month.

Attorney Forer related that on a few occasions, including the previous day in the afternoon, messengers which were sent by "the other side" came to Harav Kofshitz, and explained to him that he should rather not come to court.

"We hold," said the attorney, "a note in his handwriting that he is aware of t he fact that there is a hearing, and that he is found in the Yeshiva for work purposes, and if there is a need he will come. That is despite the fact that people have come to "convince" him not to come".

Attorney Vilensky, representative of the petitioner, expressed opposition to handing in the affidavit and added: One can see in the procedure of things over the last weeks that Harav Kofshitz is "swinging", he comes and doesn't come, wants to get involved and doesn't want to get involved".

Attorney Forrer insisted that the need in handing in another affidavit rose as a result of the words of attorney Vilensky in an answer he handed in on the 25th of the month, in which he related to events which occurred four days earlier.

Attorney Horesh: The involvement of Hagray"l Shteinman – foreign considerations

Here came attorney Horesh, the representative of the old company, into the picture: "I have never come across a tone of threat such as came across from the words of my colleague," he opened his words.

Horesh added that this has direct implications on what is happening in the case.
"To hear such a blatant tone of threat from my colleague, such as "Let's see Harav Deutsch say that he doesn't listen to Harav Shteinman", I have never hear a more blatant tone of threat".

From here he passed on to things which some see, perhaps justly, as words of blatant disdain against Gedolei Yisroel: "My colleagues claim there are foreign considerations of a factor which does not have any standing not in the organization and not in the company, as if Harav Shteinman pulls the strings and those who are qualified to take decisions in the company and the organization.

"If I have a claim regarding this, it is so clear in light of the petitioner's answer, who said that Harav Braverman's act is done in agreement with Harav Shteinman's view".

The hearing itself continued and followed technical details which pertain to laws of companies and the like. In the final sentence, attorney Vilensiky wished to remind that we are dealing with a newspaper in Israel and the question what will be the line of the newspaper until the decision in the main lawsuit.

At the end of the hearing, while both sides were present, the judge announced that she will giver her decision later on.

The sides went out to wait. The tension was felt in the air.

Tears in the eyes of Yated workers

Yesterday, around 5pm, the Yated Neeman editorial was sparse with people.

But then, when the announcement arrived about the judicial decision in favor of Shimon Glick and the new management, it was hard to miss the excitement. One of the workers told of tears in his eyes, and of a 'Lechaim' which he hurried to drink. Others expressed their joy with wide smiles.

It is not a secret that over the last few days, and especially at the start of the conflict about the control over the newspaper, the editorial employees were under incessant pressure, including harsh events of violence which were documented and even published here in Behadrei Hareidim. Therefore, when they heard about the ruling, they were overjoyed.

Until the ruling in the main lawsuit which will be probably be discussed for a long while, the line of the newspaper will continue to be the same line which Hagray"l Shteinman leads, with the support of Gedolei Yisroel. according to the personal request of Hagry"s Eliashiv, as his faithful helper, Harav Yosef Efrati testified.

Regarding the line of the newspaper: the judge did not forget to relate in her ruling to its founder, Hagram"m Shach zt"l, and his plans, while she quoted the words from his will: "And I ask that they will take into consideration the view of R' Yechezkel who knows how I would have thought". His intention was certainly his faithful helper, R' Yechezkel Aschaik, a member of the new management.

'בחדרי' גם ברשתות החברתיות - הצטרפו!