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Seriously, some gabaim just kicked me out for no valid reason, someone else said that no gabai there has any legal rights to it, so who does actually own it?

B''H Bi'ezras -- Boruch Hashem
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  • I believe the title is currently held (or at least under the control of) by Agudat Chassidei Chabad. But am not positive about that. – Yaacov Deane Jan 25 '22 at 01:16
  • @yaacov interesting but do you know who is in charge of that itself? – B''H Bi'ezras -- Boruch Hashem Jan 25 '22 at 01:18
  • Who is “in charge” depends upon where in the building you are standing. According to this Wikipedia link, after a court battle (which is what I remember) the court awarded joint control also with Merkos l’Inyanei Chinuch. https://en.m.wikipedia.org/wiki/770_Eastern_Parkway – Yaacov Deane Jan 25 '22 at 01:26
  • @yaacov ok interesting do you know the person in charge of either one of those institutions or both of them? – B''H Bi'ezras -- Boruch Hashem Jan 25 '22 at 01:34
  • Not sure who the current heads of those two organizations are. But how is that relevant to your question? FYI, I just read an article summarizing the NY Supreme Court decision which confirmed those 2 organizations as the legal owners of the property. – Yaacov Deane Jan 25 '22 at 02:12
  • @yAacov I was just wondering about who I should talk to about being unlawfully thrown out by people who may or may not have authority, I need an excuse to tell the police if they come – B''H Bi'ezras -- Boruch Hashem Jan 25 '22 at 02:52
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    The best advice in this circumstance is walk away. Every morning, just before the blessings for the Torah, we pray that G-d save us from all these types of conflict, whether with Jews or non-Jews. In this case, that may be dependent upon you having the maturity of character to simply rise above the conflict and walk away. – Yaacov Deane Jan 25 '22 at 03:51
  • @yaacov so I should just never step foot in 770 again, even if I was thrown out for no valid reason? What if there's a special event, what if I need to catch a minyan, what if there's a farbrengen, especially led by people I know, what if I was learning there before and still need a place to learn, what if I was putting on tefillin with people who only go there? – B''H Bi'ezras -- Boruch Hashem Jan 25 '22 at 04:23
  • You read the last sentence of my previous comment? – Yaacov Deane Jan 25 '22 at 05:14
  • @yaacov this part "In this case, that may be dependent upon you having the maturity of character to simply rise above the conflict and walk away."? If so, yes. But what if I still need to go in – B''H Bi'ezras -- Boruch Hashem Jan 25 '22 at 05:25
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    There are literally hundreds of Shuls in the Crown Heights area. Many just a few doors away from 770. You have no “need” to be in 770. It is a “desire”, meaning a taiveh. One that according to you will likely lead to conflict or worse with your fellow Jew. That is certainly not what the Rebbe teaches. He emphasizes only to love your fellow Jew as yourself & that all Chassidim are to be considered family (literally). In choices between 770 (the pile of bricks) & Anash, the Rebbe was ready and willing to sell the building (literally). – Yaacov Deane Jan 25 '22 at 10:36
  • @yaacov that same argument can be used to the people who think they own the place as well, so what's the difference? – B''H Bi'ezras -- Boruch Hashem Jan 26 '22 at 22:51
  • Questions over property are decided according to the law of the country in which you reside (Dina d’Malchuta Dina). The highest court in the state of New York, the jurisdiction where 770 is located, rendered their decision. The group organized under the community has no right, claim or control over 770. The people from Tzfat also have no right, claim or control over the building. Individuals not specifically authorized by Aguch or Merkos l’Inyanei Chinuch are acting outside of the law and not following Torah in this matter. – Yaacov Deane Jan 27 '22 at 00:01
  • @yaacov so that means that legally and halachically I have just as much of a right to go there as they do? – B''H Bi'ezras -- Boruch Hashem Jan 27 '22 at 01:10
  • Please see my previous 4th and 6th comments above. I have nothing more to add to this subject. – Yaacov Deane Jan 27 '22 at 02:38
  • @yaacov a simple yes or no will suffice – B''H Bi'ezras -- Boruch Hashem Jan 27 '22 at 04:50

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BH

Apparently based on the Wikipedia Article, the owner of the umbrella organization is Rabbi Abraham Shemtov.

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"In 2010, a New York judge ruled in favor of Agudas Chasidei Chabad, deciding over an ownership dispute between the organization and the Gabbayim of the synagogue housed at 770 Eastern Parkway. The court ordered the Gabbayim to deliver possession of the premises of 770 Eastern Parkway to Agudas Chasidei Chabad.[8]"

(source: Line, Chabad On (18 June 2010). "Aguch Wins 770 Shul". collive. Retrieved 16 April 2018., date: June 18, 2010 – 6 Tammuz 5770, excerpt: "

The Gabboim, representing Congregation Lubavitch Inc., were ordered to transfer the control of the shul to Agudas Chassidei Chabad (Aguch) and Merkos L’inyonei Chinuch, the central organizations the Rebbe established.

Kings County Justice Bernadette Bayne has ruled that the Gabboim “are ordered to deliver possession to Agudas Chassiei Chabad – the 770 premises including that portion of the premises located at 770 Eastern Parkway, Brooklyn, NY used as a synagogue – within 30 days.”

And “are ordered to deliver possession to Merkos L’inyonei Chinuch Inc. – the 784-88 premises including that portion of the premises located at 784-88 Eastern Parkway NY used as a synagogue – within 30 days.”

Since Gimmel Tammuz 1994, the shul was in control of the messianic group in Crown Heights, proclaiming they believe that the Rebbe is alive on signs and banners and opposed mainstream Chabad attempts to hold their Chassidic gatherings there. Legal rights over the shul has already been granted to Aguch and Merkos by the now-retired Judge Ira Harkavy over 2 years ago. 3 appeals by the Gabboim have been rejected. In the court session on Friday, Justice Bayne scolded the Gabboim for not giving over the possession earlier.

“You waited for so long and have not done what you’ve been ordered to do,” she said. Aguch was represented by David Zaslowsky of Baker & McKenzie. Lawyers of the Gabboim said they will be appealing.

Thursday, in a last-minute effort to find a peaceful solution, Crown Heights Rabbi Avrohom Osdoba recommended to the Gabboim to come to a ‘Zabla’ settlement in a rabbinical court. They have refused.

")

There is also a similar article which mentions a second, more recent court ruling:

Court Confirms Chabad’s Exclusive Rights To Flagship Synagogue At 770 Eastern Parkway, from May 4, 2020:

"Chabad-Lubavitch World Headquarters is gratified by the decision handed down last week by the Civil Court of the City of New York, confirming exclusive rights to control and manage the synagogue space at 770 Eastern Parkway in Brooklyn, New York, to its rightful owners.

In her decision, the judge, the Honorable Harriet L. Thompson, ruled that “the Gabboim have no legal rights to continue in possession,” and she further stated that the “Rebbe Menachem Mendel Schneerson determined the power and authority granted to the owners of these properties, not this Court. His intentions and only his intentions were made clear by granting full authority to the owners, through Boards of Trustees.”

In a profound statement, the Court added that “It is also clear to this Court that the Grand Rebbe was a brilliant man, full of wisdom, discernment and prophetic. The evidence supports the conclusion of this Court that the corporate structure of both corporations [Agudas Chassidei Chabad and Merkos L’Inyonei Chinuch] was the legal mechanism that the Rebbe, with the assistance of competent counsel, conceived to maintain control and possession of all the properties including the control of the Synagogue. The Rebbe had foresight beyond his years.”"

it then cites a source of the original statement, which [as of now] is a non working link

I asked another Rabbi in Crown Heights about it, and he said its still in dispute in court, as it has been for 15 years, although I don't know of any sources that support that

Raytshill
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  • I know Rabbi Shemtov many years and due to his health and age, I do not believe that Wikipedia article is up to date and accurate. It may be that Rabbi Krinsky has assumed those responsibilities. But he is also very old. That generation is passing the reins to the next generation (mostly their children). – Yaacov Deane Jan 25 '22 at 11:03
  • But that being said, like the Rebbe’s library, no individual owns 770. It is controlled and administered by the 2 corporations which have been assigned the property title. These corporations constitute the two primary thrusts of both the Rebbe and his father-in-law, the previous Lubavitcher Rebbe, namely education and serving G-d. That removes it from the domain of the individual. This is also the essence of the court case surrounding the Rebbe’s library and the Chabad celebration of Didan Netzach. – Yaacov Deane Jan 25 '22 at 11:27
  • @YaacovDeane kind of, but every building has to have an actual owner or manager who has the authority to kick people out, in this case who is it, the gabais, or the heads of these organizations? – Raytshill Jan 25 '22 at 19:56
  • If you are asking who specifically, the 2 corporations that hold the title to 770 have assigned to be managers of the building, I don't know. But it is important to understand that the Rebbe went to great lengths through civil courts to obtain a decision that states clearly individual ownership does not apply. This relates to the overriding concept of what a Nasi is. 770 was set up by the previous Rebbe & the Rebbe continued that. The brief outline of Aguch (the umbrella corporation) & Merkos l'Inyanei Chinuch (a corporation under the umbrella)... – Yaacov Deane Jan 25 '22 at 21:00
  • ... can be seen at the following link: https://en.wikipedia.org/wiki/Agudas_Chasidei_Chabad – Yaacov Deane Jan 25 '22 at 21:01
  • https://en.wikipedia.org/wiki/Machneh_Israel_(Chabad) – Yaacov Deane Jan 25 '22 at 21:03
  • https://en.wikipedia.org/wiki/Merkos_L%27Inyonei_Chinuch – Yaacov Deane Jan 25 '22 at 21:03
  • @yaacov ok then if no one owns it then who has the legal right to kick people out??? – Raytshill Jan 26 '22 at 02:19
  • If you read the NY Supreme Court decision, that power was awarded to the corporations which hold the title to the property. The officers on the board determine those policies (like ejecting someone from the premises) according to whatever directives the Rebbe originally outlined that the board would have. The individuals have no personal authority. They are temporary agents executing those directives faithfully. This is discussed extensively by the Rebbe in the context of the concept of agency (shlichut). An agent that is not faithful to the directives, loses the entrusted authority. – Yaacov Deane Jan 26 '22 at 03:49
  • @yaacov k thanks do you by any chance have a link to that court decision? – Raytshill Jan 26 '22 at 06:46