SHUVAT YISRAEL BEIT DIN, DANIEL KLUTSTEIN, AV BEIT DIN
277 OHUA AVEN HONOLULU, HI 96815
CONGREGATION BEIT MENUCHAH
RABBI IAN K MICHAELS, SEGAN BEIT DIN
BEIT SIMCHAT VETIKVAH
RABBI SYDNEY KIM
CONGREGATION BEIT MENUCHAH
Gveret Elyshua Eshet Tzidqiyahu
Adon Tzidqiyahu aka “Zadok Ben Teiman”
Order and Judgment
August 16, 2012
28 Av, 5772
This matter is being heard by a Panel of Shophetim in accordance with the rules of the Shuvat Yisrael Beit Din and with the consent of the parties. Furthermore, this matter is being resolved via recorded hearing before the Shuvat Yisrael Beit Din, with the explicit written testimonies of
the parties which have been written into record before the Beit Din.
In accordance with Matthew 18:15 & 16, a Hazmanah was initiated by Rabbi Ian Michaels of Congregation Beit Menuchah and extended to Elyshua and Tzidqiyahu hereinto called the Nitvah [Elyshua] and/or Nitvim/[Elyshua & Tzidqiyahu]- respondent(s)/defendant(s) in an effort to offer every opportunity to voice grievances and to bring forth reconciliation between the parties. Additionally, two letters were sent by Rebbetzin Nava Michaels to the Nitvah in the same spirit, her response being to disassociate from all contact with the Rabbi and Rebbetzin by resigning as Associate and Administrator of the Congregation's various online portals, namely: Natzari Yehudess Knesset and Congregation Beit Menuchah which acts as a local physical congregation and kibbutz in Southeast Missouri for the four-state region, and as a satellite community for those in Canada, Pennsylvania, Washington, Wisconsin, Illinois, Hawaii and California.
A hearing was held today, August 16, 2012 at 9:00 p.m. in regard to the conduct and allegations of the Nitvim brought forth by Rabbi and Rebbetzin Michaels, and Shira and Gabriel Morris of Congregation Beit
Menuchah hereinto called the Tovim– claimants / plaintiffs.
This matter involves a grievance of doctrinal heresy, inconsistent doctrinal statements, compromising and incitant behavior on an online public network, Motzi shem ra (Defamation of character), Hotza’at dibah or lashon hara. Summons of this Beit Din was initiated in an effort to offer the Nitvah every opportunity to voice her grievances and provide reliable witnesses.
FINDINGS OF FACTS
A. Congregation Beit Menuchah is a Natzari Jewish
congregation which meets each Shabbat at 11:00a.m.
B. Rabbi and Rebbetzin Michaels are both recognized members in good
standing with the Shuvat Yisrael Beit Din – Rabbi Michaels acts as
Segan Beit Din, Rebbetzin Michaels as its Administrator. Being
officers of this court, the litigants, namely: Rabbi and Rebbetzin
Michaels submit to the final renderings of this court, and have not
held to any undue persuasive actions unto the final renderings of any
C. Rabbi Michaels holds a theological degree in Messianic Prophecy and has served the Jewish community as a Moreh since 1986. Both Rabbi and Rebbetzin Michaels received official recognition of their callings and rabbinic ordination from Beth Elohim International.
D. The Nitvim, by their own admission have for no more than 6 months, only dabbled in the arena of the Natzari Jewish community, with no full commitment to above mentioned congregation, or solid conviction.
E. Legal definition of Lashon hara – (lah-SHONE hah-RAH); Lit., “bad tongue.” Hurtful words like slander, gossip or even truth spoken maliciously. For example, one should generally not repeat negative comments or rumors about another person, even if they are true. Though usually associated with gossip, lashon hara deals with any true statements that relate negative information. Lies, whether blatantly false or exaggerations, fall into a worse category called hotzaat diba, which is derogatory, slanderous or defamatory speech. It is irrelevant whether the lashon hara is true, written or spoken. All lashon hara is prohibited, but untrue gossip is even more strictly prohibited. The claim “what I said was true” may be a valid defense against the accusation of slander or libel, but it is inadequate against the accusation of lashon hara. It is lashon hara even when you incriminate yourself in the telling. So lashon hara is hurtful speech, the making of damaging or derogatory remarks that might cause a person physical, psychological or financial harm.
The Exception to the Rules of Shmirat ha lashon - Pikuach’ nefesh
Lit., “preservation of life.” This is the obligation of Natzarim to protect and save life at all costs. This code demands, among other things, the suspension of all other laws to save a life, with the exception of murder, idolatry and incest. The exception to these rules of shmirat ha lashon or lashon hara is thus saving a life or warning someone of impending trouble. For instance, it is not lashon hara to warn a person about potential dangers resulting from not-as-yet finalized business, ministerial, or personal relationships.
F. That by their own admission, the Nitvim do not regard Y'shua the Mashiyach to be YHWH, irrespective of the Scriptures, and refuse to submit to any further teaching from the rabbis of this organization on the matter, and according to the test of I Corinthians 12:3, the Nitvim can not state that “Y’shua is MarYah (Master YHWH).”
Inconsistent Doctrinal Statements and Misrepresentation in a Public and Religious Forum
G. That the Nitvim insist that Y'shua is in fact, divine, that He is Elohim, that He is born of a virgin, yet that He can not be YHWH.
H. That while still sitting at the feet of Rabbi and Rebbetzin Michaels, and thus being in full knowledge of Beit Menuchah's position and doctrine on Y'shua's nature, to the viewing of all, the Nitvah publicly posted a statement on Facebook questioning the need to believe in the G-dhead of Y'shua for salvation. Upon further investigation, the Nitvah was found to be misrepresenting Beit Menuchah and Natzari Yehudess at Bethhaderech (a group on Facebook) where she was arguing against Y'shua's divine nature and mocking those who believe.
I. That the Nitvah used lying speech (LaShon Hara), as defined above in paragraph E, by accusing the Rebbetzin of stating that the Nitvim served a false Elohim, and that the Rebbetzin would not be comfortable fellowshipping with those who do not believe that Y'shua is YHWH. However,this was fully known by the Rebbetzin for the 6 months the Nitvah was given full power to serve as administrator for Natzari Yehudess and attended services at Beit Menuchah.
J. That accusing the Rabbi and Rebbetzin of harboring the same ant-semitic spirit of Christians who committed pogroms and other persecutions against Jews; serving under the false Christian spirit without knowing it.
K. That during the hearing, utilizing argumentum ad verecundiam, the Nitvah stated Rabbi and Rebbetzin were “elders of Israel” and therefore, she could never speak anything against them, lest she
brought “a curse upon herself.” Nevertheless, testimony of the Tovim was to the contrary bringing forth l'amet, the evidence of tale bearing and an attempt to create a schism in the knesset. Also, during the hearing, the Nitvah accused the Rebbetzin of “stalking” her on Youtube (a public network).
L. That the considerable drop in memberships during a 3 to 4 day period of time from the Nitvah's resignation of Natzari Yehudess, is recognized by this Beit Din as more than circumstantial, but de facto as evidenced by the above of malicious behavior on the part of the Nitvah.
M. That it has been witnessed by Edim of lashon hara made against the Christian community. It is lashon hara to speak against a community, race, ethnic group, gender, or age group as a whole. (Exodus 12:48-49; 20:10; 23:9; Leviticus 19:33-34; Numbers 9:14; Galatians 3:28; Colossians 3:11)
HALACHA IN THIS CASE
A. We believe and declare according to Yeshiyahu 8:20 "To the Torah and to the Testimony: if they speak not according to this word, it is because there is no light in them." It is universally understood and accepted among all true talmidim of Y'shua that the Scriptures of Israel, both the Tanakh and the Brit Chadasha in their original text are the inspired and inerrant Word of Elohim. They are together a consistent revelation to man and are the only authoritative text in the deciding of all matters of faith and doctrine.
B. Y'shua's declaration of Himself as the Aleph and the Tav, the beginning and the ending, the first and the last [Rev. 1:8,21:6, 22:13] unequivocally identifies Him as YHWH [Yeshiyahu 41:4, 44:6, 48:12] and that at the name of Y'shua, every knee should bow, of (beings) in heaven and on earth and under the earth; and that every tongue should confess that MarYah (Master YHWH) is Y'shua Mashiyach to the glory of Elohim His Father [Philippians 2:10-11].
C. A husband has the authority over the speech and actions of his own wife [Bemidbar 30, Ephesians 5:21-29]. By omission or out right agreement, Tzidqiyahu stands as innocent or as guilty as the Nitvah and is thereby subject to an equal rendering of this court.
D. On the principle of zeni'ut for a Yehudit. A person who behaves modestly refrains from extroverted behavior that is supposed to speak of him - or herself. The term “modest” is applied to people who are scrupulous in the observance of the commandments, privately and humbly. Such individuals are called “the modest” (Mishnah Ma’aser Sheni 5:6), “zenu’ei [alternately translated as “the pious,” “the more scrupulous”] of the School of Hillel” (M Demai 6:6), and the like. The Talmud praises the Matriarch [Sarah], who remained in the tent during the visit by the angels to Abraham, “to inform you that the Matriarch Sarah was modest” (BT Bava Mezia 87a)
E. On the principle of derech eretz. The term derek eretz, literally means “the way of the land”. The Tractates teach us how to behave so that we get along with others, even difficult people. The texts teach us how to limit our egos with dealing with others so that we do not step on the toes of others inviting retaliation.
“Derek eretz comes before Torah” (Midrash Vayikra Rabbah 9:3) – one cannot personify Torah until he demonstrates derek eretz in everything that he does. Derek Eretz is not about Jewish ritual. It is about how we are to treat one another and what traits of character, middot, we are to try to develop. The lessons are universal and ecumenical. The development of character traits and Jewish spiritual renewal transformation is called Mussar. Derek Eretz teaches us decent, polite, respectful, thoughtful, and civilized behavior. [Babylonian Talmud;Tract Derech Eretz-Rabba and Zuta Rabba]
DAN LEKAF ZECH'UT
Thus, in light of all of these factors:
It is hereby ORDERED by this Court that the Nitvim are no longer recognized by this Court as talmidim in good standing of the Natzari faith, as they've testified and proven by recorded testimony to be unteachable, and thus, unwilling to believe the authentic testimonies of the Shliachim who bore witness to, and transmitted the truth rendered in the original Aramaic tongue of the besorah that Y'shua is MarYah come in the flesh.
By the evidence presented to the Panel by three reputable witnesses regarding the actions of the Nitvim, they are hereby noted as gonifim,rakhilim (talebearers/slanderers), and heretics [I Sam. 15:23; Is. 8:20; Gal. 5:19-21] amongst Israel and the Body of Mashiyach at large, by the authority which Y'shua haMashiyach has given to His people according to Mattityahu 18:15-19, and shall be publicly removed from fellowship from Israel/the Body of Mashiyach by remedy of Torah with full Scriptural restitution possible only after: (1) Stepping down from any notion of authority of Scriptures and/or being teachers, or any other position of leadership in Israel/the Body of Mashiyach at large.(2)Torah restitution is required of the Nitvim in the making of a public confession via a scheduled and recorded hearing via ooVoo with the Beit Din. All former members who left Natzari Yehudess after the Nitvah's resignation will be summoned to the hearing. A set time will be given for the Nitvim and all former members to respond, and that should all parties not respond by attending the session, their names will be publicly noted as parties to lashon hara according to Bamidbar 16 and Yehudah 1.
So ordered on this 28th day of Av, 5772, corresponding
to August 16, 2012.
Rabbi Daniel Klutstein, Av Beit Din
Shaliah / Emissary-Signing Agent
Rabbi Ian K. Michaels, Segan Beit Din
Shamash Joshua Davis,Zakayn Beit Din