LIPA MARGULIES, YESHIVA TORAH TEMIMAH AND YUDI KOLKO IN CONTEMPT OF JEWISH COURT(MESARAIV L'DIN)
As everybody now knows, Margulies and Kolko have ignored repeated Hazmanas and refuse to come to Bais Din. Indeed, they defied three separate Batei Dinim, including two of their own initiation.
SIRUV L’DIN NUMBER ONE:
When the most recent charges of child molestation and cover-up against Yudi Kolko and Lipa Margulies emerged to the public in February, the Torah Temimah/Margulies/Kolko camp sent an Hazmana from Rabbi Belsky to Eli Greenwald alleging slander. Eli Greenwald, being a true Torah Jew, immediately responded in writing that he would appear before Bais Din for a Din Torah. The Torah Temimah/Margulies/Kolko camp ignored this response to their Hazmana and have yet to appear for this Din Torah.
SIRUV L’DIN NUMBER TWO:
At the request of the Torah Temimah/Margulies/Kolko camp, a Bais Din comprised of Rabbis Avrohom Chaim Levin and Shmuel Kaminetzky together with a noted orthodox attorney was set up. The Torah Temimah/Margulies/Kolko camp agreed to come to a Din Torah before this Bais Din. A tentative date was set. The Torah Temimah/Margulies/Kolko camp changed their position and refused to appear before this Bais Din. It must be noted that this too was a Bais Din convened at their request.
SIRUV L’DIN NUMBER THREE:
Despite the fact that the victims were now well within their rights to go directly to Court, they wanted to give Bais Din one more try. Thus, before filing suit on behalf of the victims and guided by strict Halacha after conferring with Rabonim and Poskim, Attorney Jeffery Herman sent three successive Hazmanas to the Torah Temimah/Margulies/Kolko camp demanding they come to the Bais Din of Mechon L’Hoyroh or convene a Bais Din of ZBLA. (see Shailos Uteshuvos Divrei Chaim, Choshen Mishpat, Chelek 2 S’ 46 & the Shailos Uteshuvos Neos Desheh S’ 51, which stand for the premise that an Hazmana need not originate from a Bais Din but may instead be sent directly by the claimant. Indeed, the Bais Din of Mechon L’Hoyroh approved the Hazmanas prior to them being served.)
Despite independently confirming their Halachic obligation to respond to the Hazmana and appear before the Bais Din for a Din Torah, the Torah Temimah/Margulies/Kolko camp chose to ignore the Hazmana. While strict Halacha only requires one Hazmana, the victims decided to follow the current practice and sent three Hazmanas. The Torah Temimah/Margulies/Kolko camp ignored all three.
MESARAIV L’DIN
At this point the Torah Temimah/Margulies/Kolko camp are clearly Mesarvim Ledin.
The Mesaraiv transgresses numerous Torah laws including: “Al Pi Hatorah Asher Yorucha”; “Uvasa El Hashofet Asher Yehiyeh Bayamim Hahem”; “Ad Haelokim Yovo Dvar Shnayhem” and “Tzedek Tzedek Tirdof” (All found in Parshios Mishpatim and Shoftim.) The Mesarev, by forcing the other litigant to go to secular Court causes a great Chillul Hashem. As Rashi states in Parshas Mishpotim "do not bring the matter to their courts, for one who brings law cases of Bnei Yisrael before the secular courts profanes the Name of Hashem. The Chillul Hashem that The Torah Temimah/Margulies/Kolko camp will be bringing down on Klal Yisroel as a result of their refusal to go to Bais Din is unimaginable and unspeakable.
It is incumbent upon the entire community to loudly condemn Mesarvim Ledin and insist that Hazmanas be responded to. In his article entitled, "Batei Din vs. Secular Courts", published in The Jewish Observer, January 1993, Chaim Dovid Zwiebel argues that the community itself is called upon to play a major role in upholding the honor of Batei Din and enforcing their judgments. He notes that the Agudas Yisroel movement has adopted some internal guidelines designated to isolate anyone who is Mesaraiv L'din. Such an individual forfeits his right:
(1) to be a member-in-good-standing of any Agudah branch Shul;
(2) to be called to the Torah for an Aliya;
(3) to be a Shaliach Tzibbur;
(4) to host any Kiddush or Simcha; and
(5) the individual is to be explicitly advised that he is not welcome in the Shul.
Margulies would rather continue sheltering a child molester and defy Halacha and our Torah while having all his dirty laundry aired in the secular Courts and media, then face a Din Torah.
He chose to continue putting children at risk daily instead of doing his duty and protecting them from further harm.
History will record that the Torah Temimah/Margulies/Kolko camp were hoisted by their own petard.