Chabad's Melbourne, Australia Yeshiva Centre, which is embroiled in a large child sexual abuse scandal covering decades, is now in beit din trouble over the firing of a long time staffer. And as is frequently the case in these matters, Chabad's rabbis are ignoring the Chabad beit din (religious court) the fired staffer went to for help.
Mr Don Wolf
Dear Mr Wolf
Re Engel Vs Yeshivah
I have been asked to convey the following to you on behalf of the Beth Din:
"The Beth Din notes with dismay that you have ignored it's ikul [restraining order]. Furthermore the Beth Din has not received the name of your borer nor even the courtesy of a response from you.
As a matter of course the Sydney Beth Din regularly consults with gedolei haposkim. In this instance it has consulted with the world renowned expert in all areas of Halacha including Choshen Mishpot, the author of "Dinei Momonois" on Choshen Mishpot and "Shu"t Shaarei Ezra" on all Shulchan Aruch, former Av Beis Din Yerushalayim , HaGaon Dayan Ezra Bazri Shlit”a who confirmed the standard practice of Botei Din to issue ikulim in such circumstances and in particular the correctness of our ikul.
You no doubt know that an ikul does not decide the outcome of the case - which still needs to be heard - but rather retains the status quo until the matter is heard, in this case via a zabl”o of chabad rabbonim.
You certainly understand that it is unacceptable that the authority of Halacha and a Beis Din is ignored by yourself and your institution, and that the resultant consequences and Chilul Hashem cannot be tolerated.
The Beth Din requires that within seven days from today, that is by 4pm Tuesday Elul 24 , either Rabbi Engel is reinstated or a binding shtar borrerus is completed and signed. If either of these two courses of action are not completed, the Beth Din will inform the Rabbinical Council of Victoria, the Melbourne Beth Din, The local Head Shluchim, Vaad Rabbonei Lubavitch in NY and Merkoz L'Inyonei Chinuch in NY, that yourself and the Chabad Institutions of the Yeshiva are "לא צייתא לדינא" and we will also consider other enforcement action available to us.
It goes without saying that the Beth Din considers your actions against Rabbi Engel as null and void and will inform the zabl"o Beth Din when convened accordingly.
The Beth Din is confident you will abide by Halacha and it will receive by the appointed time notice of the completion of a shtar borrerus or notice of the reinstatement of Rabbi Engel ( untill such shtar will be signed).
This letter has been cc'd to Rabbi Engel."
By order of the Beth Din
Sydney Beth Din