After a long-standing conflict: Arbitration ruling on the Ponevezh Yeshiva dispute approved

The Tel Aviv District Court ruled today, Sunday, that the arbitration ruling regarding the Ponevezh Yeshiva in Bnei Brak, issued by retired judge David Cheshin, will remain in effect. Judge Yehudit Shevach rejected the request to cancel the arbitration ruling.

Rabbi Shmuel Markovich's students will be required to vacate the yeshiva complex by September 30. In addition, Rabbi Markovich and his associates were ordered to pay approximately 10 million shekels, including 7.5 million shekels in usage fees and 2.5 million shekels for building maintenance expenses. It was determined that Rabbi Markovich's associates will not be permitted to use the name "Ponevezh Yeshiva," including the yeshiva's logo, and the rabbi was prohibited from presenting himself as the head of the yeshiva.

The arbitrator's ruling ends a long-standing dispute that tore the Ponevezh Yeshiva, described as the flagship of the Haredi Torah world, into two rival camps: one led by Rabbi Eliezer Kahaneman, the son-in-law and son of the legendary head of the yeshiva, and the second led by Rabbi Shmuel Markovich, Rabbi Kahaneman's brother-in-law.

The arbitration ruling separates the two camps and removes the camp that established a "yeshiva within a yeshiva" and acted through rebellion and violence against its president. Judge Shevach noted that this is an inevitable conclusion, "a moment before the destruction of the yeshiva, and better late than never."

The judge described the long-standing conflict: "Arbitrators came and arbitrators went, many court rulings were issued by various instances, but the dispute not only remained the same, but the flames of strife grew higher, the dispute worsened and even took on forms of severe violence — acts of bullying against people and property that are, to say the least, incompatible with the honor of the Torah."

Rabbi Kahaneman's claims were for the removal of Rabbi Markovich's camp from the yeshiva grounds, a demand for financial compensation for the use of the yeshiva buildings, compensation for property damage, and a request to prohibit Rabbi Markovich from presenting himself as the head of the yeshiva or using the Ponevezh trademark.

Arbitrator Cheshin established a series of principled determinations: it was determined that Kahaneman is the heir to the rights and status that his father had in the yeshiva. He holds the authority to decide on any matter in the yeshiva. Since 2005, the two frameworks have operated separately, including corporate separation.

It was further determined that Rabbi Markovich is not permitted to use his powers to change the order of the world in the yeshiva and change its character. Markovich's rights expired in 2007 after he rebelled against the organizational structure of the yeshiva and violated the terms of his appointment as head of the yeshiva.

It was further determined that Rabbi Markovich currently holds the real estate illegally. The arbitrator determined that in view of acts of violence and vandalism, "despicable and base," the silence about which amounts to a desecration of God's name, "the parties are unable to live together in peace."

In the request to cancel the arbitration ruling, the District Court was required to decide whether the arbitrator is authorized to rule contrary to a previous court ruling. The claim was rejected. It was determined that the arbitrator's ruling does not cancel a previous ruling, but interprets it and puts it to the test of reality.

The petitioners for cancellation were ordered to pay 75,000 shekels in legal expenses.

Rabbi Markovich and his wife were represented by attorneys Eyal Rozovsky, Yossi Ettinger, and Amir Pinkus. The Ponevezh Yeshiva was represented by attorneys Ehud Artzi, Ran Feldman, and Rivka Ariel.