Arbitrator retreats: "will not discuss claim settlement"

After receiving the letter of Gedolei Yisroel which was first published in Behadrey Haredim, and where Hagaon R' Aharon Leib Steinman and Rabbi Chaim Kanievsky and the Beis Din of Hgr"n Kerlitz informed that the arbitration of Hgrh"g Zimbalist has recently been completed, and is liable under "erkaot", and after the Vilna Gaon Kahaneman turned demanding to the arbitrator to disqualify himself and refrain from ruling as he promised R' Aharon Leib in a letter uncovered here, today (Sunday) the composition of the arbitration gives its decision.

"It should be clarified that we will not discuss the claim as to eliminate Harav Kahaneman from the yeshiva" Hgrh"g says first, but immediately states that he will continue to discuss the complex case: "What we will discuss is the claims of Rabbi Markowitz, where he claims violations of judgment and that his rights at the yeshia in accordance with the verdict, were discriminated against by Rabbi Kahaneman, and because of this there is no doubt at all that we have jurisdiction to hear".

An additional line is controversial in his remarks, pointing to the authority taken by the arbitrator to himself: "This simply means that we have not only the authority to interpret the final judgment - but also to change it, as written by Rabbi Heisler in his arguments in detail."

Hgrh"g also refers to a letter he entrusted with R' Aharon Leib, and writes: "As to Rabbi Kahaneman's last request not to convene due to the letter I wrote in 5760 that if Hagaon R' Aharon Leib will ask not to convene we will accept his opinion, some answers on the matter... This was only my signature and there was no decision of the Beis Din regarding it, therefore this does not oblige the Beis Din". Following he lists more arguments why the letter does not require the cessation of the arbitration.

Attorney Rafi Shayovitz, the arbitrator who replaced Hgr"p Schreiber on behalf of Harav Kahaneman, announced his resignation, and said that he "finds it difficult to accept the argument that the letter was private and therefore one should at least check with R' Aharon Leib what was promised. The way things stand I can not sit and discuss in contradiction to an explicit commitment given by R' Aharon Leib."

Opinion of Hgrh"g Zimbalist

'בחדרי' גם ברשתות החברתיות - הצטרפו!