Downfall. Judge: Heligman shull to founder's heirs
In a storm evoking ruling, the court stated: the Heligman shull will be expropriated for the benefit of the founder's family • The plaintiffs, Rav and shull organization, charged with court costs
- Yaki Admaker, Behadrey Haredim
- ה' חשון התשע"ג
Synagogue Torah scroll Heligman. Archive photo: Kuvin
The struggle conducted in recent years on the control over the structure of Heligman shull, located in the center of Rabbi Akiva Street in Bnei - Brak, reached an end yesterday (Thursday): District Court of Tel Aviv rejected the claim if the shull's Rav, Hagaon R' Avraham Yeshayahu Karelitz and the shull's organization against family members of the founder of the synagogue, who expressed their desire to expropriate the synagogue and build a residential building above it.
The synagogue was established following the death of the late Mordechai Heligman z"l in a car accident. His late brother, Yehoshua Heligman z"l then bought the plot of land located on Rabbi Akiva 97, founded the synagogue on it, and established his home in close proximity.
He died, at age 85, leaving behind two daughters – Rachel Rim and Nelli Wallersteiner. In 2007, the late Rachel Rim died and an inheritance order of her legacy was given without any resistance. In 2009 her sister died, and a probate order was given without resistance, whereby her two daughters inherited the estate assets.
In 1935, a report was submitted of the establishment of an Ottoman society of synagogue, whose members were Yehoshua z"l as chairman, grandfather of the applicant and the father of Hgr"n Karelitz, Harav Nachum Meir Karelitz – as treasurer, and Yechezkel Wallersteiner as board member. The society was deleted because the application not filed properly, and only in January 2011 an application was filed to register the Association of the Mordechai Heligman synagogue.
As noted, in recent years the heirs of the two daughters seek to expropriate the synagogue building and build a residential building. Last year Hgr"n Karelitz came to testify in court about the sequence of events.
The court dismissed the lawsuit yesterday against the family, and the plaintiffs must pay legal fees of 15 thousand shekels. Among the claims for which the claims were denied, it was argued that the association of the shull should not be seen as a continuation of the synagogue of the Ottoman Society.
"That is to say," wrote Judge Avi Zamir in hi decision, after studying the issue of the synagogue endowment. "the fact that an asset is intended to serve as a place for prayer and is named after a person - does not require the conclusion that the owner intended it to be a "hekdesh"."
One of the mispalelim said to Behadrey Haredim: "This is a black day for residents of Bnei Brak, the heirs fought against the will of the late founder. If that happened in Europe all the press would loudly outcry the expropriation of the synagogue. "
Behadrey Haredim learned that the Gabboim of the shull are planning to go to the houses of Gedolei Yisroel in the next week, to consult with them on how to proceed and manage the struggle.
The synagogue was established following the death of the late Mordechai Heligman z"l in a car accident. His late brother, Yehoshua Heligman z"l then bought the plot of land located on Rabbi Akiva 97, founded the synagogue on it, and established his home in close proximity.
He died, at age 85, leaving behind two daughters – Rachel Rim and Nelli Wallersteiner. In 2007, the late Rachel Rim died and an inheritance order of her legacy was given without any resistance. In 2009 her sister died, and a probate order was given without resistance, whereby her two daughters inherited the estate assets.
In 1935, a report was submitted of the establishment of an Ottoman society of synagogue, whose members were Yehoshua z"l as chairman, grandfather of the applicant and the father of Hgr"n Karelitz, Harav Nachum Meir Karelitz – as treasurer, and Yechezkel Wallersteiner as board member. The society was deleted because the application not filed properly, and only in January 2011 an application was filed to register the Association of the Mordechai Heligman synagogue.
As noted, in recent years the heirs of the two daughters seek to expropriate the synagogue building and build a residential building. Last year Hgr"n Karelitz came to testify in court about the sequence of events.
The court dismissed the lawsuit yesterday against the family, and the plaintiffs must pay legal fees of 15 thousand shekels. Among the claims for which the claims were denied, it was argued that the association of the shull should not be seen as a continuation of the synagogue of the Ottoman Society.
"That is to say," wrote Judge Avi Zamir in hi decision, after studying the issue of the synagogue endowment. "the fact that an asset is intended to serve as a place for prayer and is named after a person - does not require the conclusion that the owner intended it to be a "hekdesh"."
One of the mispalelim said to Behadrey Haredim: "This is a black day for residents of Bnei Brak, the heirs fought against the will of the late founder. If that happened in Europe all the press would loudly outcry the expropriation of the synagogue. "
Behadrey Haredim learned that the Gabboim of the shull are planning to go to the houses of Gedolei Yisroel in the next week, to consult with them on how to proceed and manage the struggle.
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