Long Island, NY – A judge’s ruling that it was feared would undermine the ability of a beit din (halachic court) to arbitrate matters of Jewish law in New York has been tossed out on appeal.
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In December 2008, Brooklyn Supreme Court Judge Bruce M. Balter overturned a decision of the Beth Din of America that he found to be “grossly irrational” and “violative of public policy.”
The three dayanim (judges) on the beit din, Rabbi Mordechai Willig of Yeshiva University, Rabbi Steven Pruzansky of Congregation Bnai Yeshurun of Teaneck, and Rabbi Ronald Warburg, had found in favor of Nochum Brisman, a rebbe dismissed by Hebrew Academy of Five Towns and Rockaway (HAFTR) in 2005 over differences in hashkafic outlook (religious philosophy). Brisman was awarded $50,000 in back pay and his future annual salary was set at $100,000, higher than his previous base pay, but less than his total compensation in his last year of teaching, including overtime.
The dayanim also reinstated Brisman’s tenure and ordered that any future attempts to terminate his position must be approved by the beit din.
Arbitration verdicts are routinely submitted for court approval but when Brisman’s lawyer, Martin Neiman, went to get the beit din verdict confirmed, Judge Balter threw it out. The salary was “burdensome, unrealistic, and wholly irrational” and the beis din exceeded its authority by ordering indefinite jurisdiction, he found. Also, according to Judge Balter, the verdict violated public policy by impacting on the ability of private schools to make decisions.
Last week, a four judge panel on New York State’s Appellate Division held Beth Din of America’s verdict and restored its various provisions. The original judgment was not “irrational,” the appeals court found, given that the salary was in the range of what Brisman received earlier.
score one for the beth din
While the appeals court is correct on the law, the trial judge is correct that the Beth Din was wrong in forcing the school to rehire the teacher who has a clear different haskafah than the school.
Excellent! This should be a lesson to all the mossrim who seek daily to have our battei din undermined.
Where can I get a job teaching for $100,000?
go Rav Willig!!!
Its not the Court of Appeals, it is the Appellate Division 2nd Department.
Its a good thing that the trial Judge Balter picked a case from Beth Din of America to mess with. While they are a more progressive Beth Din than we BP types care for they are professional and consistent.
If this would have been a psak from Tartakov or another “Heimishe Bais Din” the appeal would’ve been lost
The problem here is that instead of affirming the Beis din’s jurisdiction the court merely agreed based on the merits. This is troubling for it leaves the door open for any other court to override a beis din’s authority when it questions the merits.
was this judge was a member of the j.d.l. in the 7os in brooklyn
I just hope the schooll will go to a higher court and have this decision overturned. It makes NO sense for any school to be forced to keep a teacher whi is NOT in the hashkufek of the school.When we send our child to a certain yeshiveh is because we TRUST the administration to hire Rebbes and Teachers in the same hashkufeh we are brought up….
why do they need the arbitration approved by the regular court?
and even if they want that for whatever reason, why isn’t it enough the fact that the parts accepted any ruling by the beis din, so why does any court need to check what and why , just to stamp the signature of the parts and their agreement?
what if a ruling isn’t logical but following a gzeras ha kosuv?
this is mind bogling
If a Psak Din can be overturned by a court of law, why go to a Bet Din altogether ?
Go rbrisman all your students know you are the man
Now there will never be justice in the BD system for people without protekzia because the moronic Brooklyn Supreme Court just destroyed the appeals process and the Bais Dins HAVE NO appeals process! If you step into a BD against someone better connected than you, you’re dead meat.
Can they just close down the school since the BD is now effectively running it and any Rebbe who wants a salary increase and to teach anything he wants can get himself fired and take the hapless Yeshiva to BD? This is going to destroy (Ashkenazi) Yiddishkeit in America.
what position was he holding that got him fired in the first place?
We live in a time where yeshivos and roshie yeshiva don’t listen to beis din so called frum yidin have undermined are own power of bais din so of course today psak din by people have become a joke look at a famous yeshiva that whent to bais din by r dovid feinstien and r ahron shecter and the losing side just did not listen so why should laymans listen nebuch what a galus
whats wrong with the rabbis hashkafa there are teachers that are mechalel shabbos there are teachers that are married to goyim and they pick on one of the finest rabbis my kids ever had
Judge Balter’s decision is the worst example of legislating from the bench that I had seen in years. He singlehandedly banned private schools from granting tenure to faculty despite the fact that there is nothing in the law that would prevent this — and a substantial amount of halachah that would indicate that rabbis should be considered to be hired for life (in fact with the possibility of passing on the right to hold the position to their sons!). The Appellate Division was correct in reversing the decision.
“If you step into a BD against someone better connected than you, you’re dead meat.”
#18 sad but true statement…I went up against wealthy crooks while I was the less affluent yet truthful non frum Yid. The crooks did not come to the BD after being sent three summons. My understanding is at that point they should have been in default…but because of influence and money nothing further was done. My faith in what I was told was a fair Jewish forum to settle disputes has be shattered.
People here show so much ignorance it is tragic. It is standard practice after a Din Torah to go to court to affirm the Beis Din’s decision. The court should not interfere unless there is gross negligence etc. otherwise the parties signed a binding agreement end of story. It is not mesirah, it’s standard practice following a Din TOrah
Beruch Hashem the court ruling was overturned. I hope this means Rabbi Brisman will return to Rambam Mesivta, where he could continue to inspire the student body both spiritually and intellectually. The teachings i have learned from Rabbi Brisman have augmented my religiosity. With the return of Rabbi Brisman to Rambam Mesivta, Rambam Mesivta can continue to nurture young jewish minds and provide them with the essential talmudic knowledge to practice Judaism to its utmost potential even beyond the walls of Rambam Mesivta. Rabbi Brisman, please return!!!!!