By Rabbi Yair Hoffman for the Five Towns Jewish Times
It was a shul built in 1906, and now it lays in the heart of Boro Park. It is located on 12th Avenue and 41st street and is called Chevra Anshei Lubawitz. And while it is nusach Ari according to its bylaws – it is not a Lubavitch shul.
In the middle of June, unbeknown to the membership, the shul was sold by two people on the board to developer Moses Karpen, a friend of one of the board members. Karpen’s plan was to demolish the shul and convert it to six stories of apartments – but leaving at least part of the bottom floor to be used as a shul.
The building was sold for 3.1 million dollars on June 14th.
This week, however, a Brooklyn judge blocked the demolition at least temporarily, after some of the members argued that the sale was based on misrepresentations. Indeed, according to court papers some seventeen members are upset about it.
According to media reports, as part of the deal, the synagogue would pay $3 million for the first floor and basement of the new building. This is $100,000 less than they received for the property.
The Daily News reports that members of the synagogue claimed that the two board members behind the sale made no effort to seek other offers and that the building was never offered on the open market.
One of the many halachic issue involved in this bizarre arrangement is whether it is appropriate to knock down an existing shul for the purpose of building housing on top of it.
There is another issue in Shulchan Aruch Yore Deah Siman 252 that a shul is not to be knocked down unless it is dangerous people inside and could fall.
So far, not one Posaik has been identified as having permitted this sale, despite repeated requests to speak to one – even with a promise of keeping his identify anonymous.
In response to an earlier version of this article, someone involved explained that the plans were for the shul to be built behind with nothing above the roof. This does not address the issue of knocking down a shul.
The Shulchan Aruch Orech Chaim (151:12) writes as follows: One must be careful from using an aliyah (an attic or second floor) that is above a Bais HaKnesses regularly for a use which is “legnai” – indecorous or unseemly.
The Shulchan Aruch cites sleeping or lying down as an example of an unseemly activity. This would therefore include six floors of apartments. Rav Karo further writes in the second part of this halacha that there is a question as to whether other types of activities are permitted in such a location.
The Ramah adds a qualification. He writes that this halacha only refers to a Shul which was initially established as a shul. However, in a building that was originally built as a regular building and only afterward established as a shul – there one may indeed lay down.
The cornerstone of this shul shows conclusively that it was originally built as a shul.
The Ramah’s leniency stems from a ruling of the Piskei Mahari. On this Ramah, however, the Mishna Brurah (OC 151:42), citing the Mogain Avrohom who cites the Kneseth HaGedolah, remarks that, nonetheless, one who is concerned for his soul should distance himself from this – especially in the section above the haichal.
The Shulchan Aruch’s question in the second part of the halacha about other types of activities is explained by the Mishna Brurah as being based upon the following question: Do we compare a shul to the Azarah in the Bais HaMikdash, in which case the upper sections do not retain a state of holiness? Or perhaps we compare a shul or Bais HaMidrash to the Haichal of the Bais HaMikdash itself, in which case the upper sections would retain a state of holiness?
The TaZ in Orech Chaim 151:4 writes that when he was younger he and his children lived in his Bais Midrash in the city of Cracow, above a shul. He writes that he was punished severely and lost his young son [in an apparent fire]. He placed the blame on the fact that he lived above a shul.
The language of the Kneseth HaGedolah writes, “Whoever I have seen who has made a Bais HaMidrash in his house and he uses the floor that is above this Bais Midrash- did not succeed. Of them, some have lost their wealth, some have died, and some did not merit to be built.”
Someone once told this author the following story after having moved to Kiryat Sefer the day it opened over 25 years ago.
“For quite a few years all the shuls were in miklatim [bomb shelters] and there were some serious accidents, cholim etc. We went to Rav Chaim Kanievsky [the son of the Steipler Rav mentioned earlier] and asked him what type of tikkun [rectification] we can do. He asked us where the shuls are. Telling him that most of the shuls were located in the miklatim under apartments, he mentioned that his father was very makpid on this. Together with the builders of Kiryat Sefer and the gabboim, a date was set for all shuls to be moved into temporary caravans or permanent buildings.
I cannot tell you exactly how long ago this was but we are talking about at least 12 years ago. It gave us a push to get the shuls built. Also, until we did move out, Rav Chaim told us to cordon off the exact area where the bathroom was located on the floor directly above the shul and not to daven there. Rav Shteinman was also involved with this psak but I cannot tell you exactly what he said. [I] just know that he was also pushing for us to move out of the miklatim.”
There are, of course, leniencies when the shul was only made after the building was built, and the Aruch haShulchan writes that it is a mussar matter rather than absolute halacha. However, in this case, it was originally built exclusively as a shul.
In recent months there have been a number of cases involving shuls and their sales or alleged sales, and one questions whether they were done under the guidance of a recognized Posaik.
The author can be reached at [email protected]
I SPOKE DIRECTLY WITH ONE OF THE BOARD MEMBERS. SO WHAT I AM SAYING IS TRUE AND VERIFIED
#29
There was a (once beautiful ) huge shul on Eastern parkway. They knocked it down and built condos and put a shul on the bottom.
So correct That is why society has Civil Court Why erlicha yid den have Beis Din But this is so not about Halacha of knocking down a Shul It is about the right of beneficiaries. The responsibilities of trustees. Once that is ascertained once the protection of communal assets has been achieved THEN one proceeds to whether one may or may not do the action desired None of us are privileged with the knowledge of the true facts Agendas enter the equation The Congregation the beneficiaries deserve better Let Rav Undsdorfer who IS charged with all the above be allowed… Read more »
Clearly, the people defending this disgusting money grab and shul destruction have a hand in the money pie. If this was happening, say in Poland, in Germany or even in the US by goyim, there would be screams of anti-Semitism, and rightly so. But here, you have Jew$ who only care about money, money, money. The holiness of a shul means nothing to them, history means nothing to them, spirituality means nothing to them. How many of the investors involved even believe in Hashem? We hear so many stories about people who proport to be Chasidim or frum, and don’t… Read more »
27 asked if you know all the details 100 percent. Can you honestly say you do or is there a possibility that you are going on 10% hearsay? Also he did not give them the benefit of the doubt he said that maybe we do not know exactly all the facts! This just proves like many commentators that are just quick to write comments as if they are experts on all matters that have nothing to do with them. Unless maybe you are a board member and you know better.
This is not כלל וישראל problem
Officious bystander has no rights and certainly no locus standi
The Congregation, its member and beneficiaries do have rights and it is to them, the sellers and the trustees have a fiduciary duty of care
שבת seems a very opportune moment for the Rov to address the issue and extraordinarily he has opened the floor to all comers
It is at that point all these issues and questions should be raised in a respectful moderate manner
למען השם ותורתו
why would they sell a shul without even notifying the board members, or taking a vote. The whole these stinks so much and you keep on giving them the benefit of the doubt. Yes yidden are b’cheskas kashrus but if you work a little and find out the details unfortunately they are going against the chazaka
It starts with חילול שבת by being matir an eiruv שלא כהלכה and then extends to חילול בתי כנסיות and eventually the חילול of the rest of the שלחן ערוך.
Why are you comparing a kasha with a borscht. What in the world does getting buildings from the govt and renovating them have to do with this situation. Just because they were given the Shula in Russia is no raya to anything. That’s doesn’t make them any better or worse then anyone else nor does it make They any saintlier. There is a cemetery project that the US govt has spent millions on as well to preserve the old jewish cemeteries destroyed in Europe. There is also federation money helping preserve the old Shula and govt money. Then there is… Read more »
How can rav Unsdorfer pasken a shailah that will provide him with a direct future benefit?? How is he NOT פסול because of his נגיעות?? This is especially troubling, because there is a very clear Halacha in שולחן ערוך חאו”ח סי’ קנ”ב and the פוסקים there, that it is an עבירה to demolish this מקום קדוש even if you claim to build a larger shul instead. There are also many other relevant איסורים discussed in סי’ קנ”א. The תוה”ק commands us: לא תעשון כן לה’ אלקיכם. This building is not at risk of collapse. Even if there may be a… Read more »
Rabbi Unsdorfer announced that he will address the halachic aspects of this issue after davening this coming Shabbos. He will answer any questions you may have after the speech. You are all welcome to come listen and to debate the issue in an intelligent manner. The shul is on 36th Street and 12th Avenue.
How many millions of dollars was spent by shluchim to renovate shuls given to them by the goverment. In Russia etc. They renovated them and didn’t tear them down.
I was told that Rabbi Unsdorfer is the supposed Rabbi that permitted all this activity. He is also due to become the future Rabbi of the new First Floor shul, in a few years from now when it becomes ready AND that he will be getting a rabbi’s residence in one of the new condo units. This all being the case, he should recuse himself from this issue – due to his extreme negi’us (conflict of interest) and a question should be asked to an an appropriate competent posaik that will provide a plausible halachic ruling, and most importantly –… Read more »
It says the Shul is 111 years old. If that is so, the number is the same gematriyah as that of Pele – wonder. May you see open miracles concerning the Shul very soon!
I was personally involved where a Shliach attempted to do a hostile takeover. It was truly a situation where he was given a second chance and he was biting the hand that feeds him. Wasn’t the first or the last. Becoming a rabbi of a shul to then tear it down and rebuild is again the same situation which I am alluding to the fact that this article does not clearly state. I.e. Every detail of the rebuilding deal. I would be asking what the square footage allocation is to the new shul? Rent/ maintenance component annually to the property… Read more »
The 1st part of your message directly contradicts the 2nd! You say that Chabad Shluchim make “hostile” takeovers and change the shul (You admit that they keep them as Shuls and make them nicer). 1) i find that nasty and would you say you searched up all the details? If so, please be specific. I can’t join you in protesting a broad term, but I would for a specific case. 2) Shluchim are people that put everything aside and go to help communities. Shluchim are held to certain standards (keeping Halacha etc.) by a group of Rabbis and Rabbonim. Developers… Read more »
1. seemingly Thsi was an underhanded deal 2. One cannot simply knock down a shul Al Pi Halacha It would have had to have been a better one. (35 E.P. was falling apart physically The replacement might not have been a better one but it certainly was better than nothing in this case the sole reason is money *& greed the propsed sale is not even the real value of which is much higher The building is still in gerat shape a beautiful shul & a thriving Congregation the purpose of this was Gezailah!
Regardless of Halacha people should value historic preservation.
Goyim understand the importance of landmarks and statues.
The shulchan Aruch OC 152 clearly states and the later poskim all reiterate that it is FORBIDDEN to demolish a shul, even if one were planning to make it larger and grander. It is in fact an איסור דאורייתא to do so!
Nothing has been done
Nothing can be done whilst it is with the Civil Court
Loads of time to obtain consensus of BP Rabbonim with a Heskem as to what in practicalities can be done will be done
Posts don’t influence one iota Askonim erlicha Askonim do.
Askonim don’t not need nor, suggests I, desire publicity
Let’s wait and see how this saga plays out
Shluchim all over attempt hostile takeovers and stealing Shula claiming they are there to maintain it and then they tear down and built new buildings with other facilities. No one on the chabad world says a word. Here it’s a Williamsburg developer and he’s a terrible person. I don’t know the insights of the deal. Not to I know the whole arrangement. It sounds a little odd that they are paying an equal amount to rebuild. But just maybe it will be a new better shul. Maybe the building is in need of repairs and they can’t afford it. My… Read more »
Therein lies the truth
like I said before, the ones that stole the shul the last few years and tried to kick out the old members, if they don’t have money to maintain the building ( when they took it for free, no mortgage) then they are doing something wrong. let them not make like they are trying to do something good here. Let them give it to Rabbi Ginsberg or Heichal Menachem, I’m sure many people are willing to take it and will maintain it. Maybe it will become Lubavitch again. There was Lubavitch siddurim there always. They Allowed Lubavitch to come in… Read more »
wake up. open your eyes. the shul is not winning here, and its not about jealousy. The shul will have to rent a space for at least 4 years , then pay 3 million dollars back to the developer. So the developer gets 5 floors or air rights for free. The shul will still have to pay to build a nice shul as they will probably get a shell. So the shul loses money, and I’m sure they will not get 2 floors. Right now they have 3 floors. The developer is probably give the trustee a kickback for the… Read more »
935 e.p. was not build for a shul, later it became a shul , Harav Ushpol’s shul was built for a shul , matter of fact upstairs doors to shul did not have mezuzahs ,as a long time mispallel there, until I got married and moved to crown heights ,I my father and my zaide (, in which my zaide got , Harav Ushpol to be the rov of the shul ) with other lubavitcher chasidim davened there. The last year’s of Harav Ushpol in all his deroshos on shabbos was almost screaming to the oilam that they should not… Read more »
Mark my words.
Or at least it’s supposed to be…
Let the person make some money and give the shul a new place. Done all the time.
BS”D Wow, the main gathering place of the Talucha to BP
935 was collapsing. it was a senior center prior to demolition. and yes it was a hazard in the neighborhood, that the city would have seized if it wasn’t demolished. that said I still wonder if we could have done better?
if you build a new shul in the same place you still need to demolish and build, demolish and build and not knock down totally and then build. check it out
That is the real question which most people would say yes. So now that you got that out of the way, does it make a major difference to you that the 7 floors over the shul are apartments? No, but there is a jealousy factor at play here.
Call a spade a spade.
How low we are stooping for real estate . It starts with hipsters coming to rent center of Kingston from our own lubavitch landlords and now to other people selling a shul! How low did we fall for money??? Shame on us Jews
Explain how Young Israel at 935 Eastern Pkwy, was knocked down, to build an apartment building. They also put the Shul in the basement. Why does it work for one, and not for the other.
People are calling this a Chabad shul.
The Rov for many years was Harav Ushpol. It wasn’t considered a Chabad shul.
Besides that, it is asur and a major chutzpa what these developers are trying to do.