The Dayan Rabbi Schmerler in a Harsh Protest Over the Disgrace of Rabbi Berland shlit"a

Shock in the Haredi (ultra-Orthodox) Torah world: The Dayan (Rabbinical Judge) Rabbi Schmerler shlit"a (may he live long and good days) issues a piercing Da'as Torah (Torah perspective) regarding the police raid on the private home of the Gaon and Tzaddik, Rabbi Berland shlit"a.

"It is written in the Shulchan Aruch (Code of Jewish Law) that every Talmid Chacham (Torah scholar) must and can place a person under nidui (excommunication) for the sake of his honor. This refers to the Talmid Chacham himself—meaning, the scholar himself should issue the excommunication," Rabbi Schmerler began his piercing protest.

"It is written in Rashi (the classic commentator) that Beis Hillel (the House of Hillel) would never demand anything for themselves; therefore, others would demand honor on their behalf. In our case, our teacher, the Rav, Rabbi Berland shlit"a, indeed seeks out bizyonos (humiliations), but this does not exempt the students from ensuring that this does not happen—especially regarding matters that could weaken the strength of the Rav shlit"a."

The words of Rabbi Schmerler shlit"a come following the difficult events that occurred recently. Every Jewish heart shuddered and was shocked to hear of the brutal police break-in during the early morning hours into the private home of the Gaon and Tzaddik, Rabbi Berland. The Jewish heart recoils in pain at the terrible persecution of a Talmid Chacham (Torah scholar) over the age of eighty, who suffers from severe physical afflictions at his advanced age. For two hours, the police henchmen remained in the Tzaddik’s home with heavy hammers, attempting to smash two safes. In a display of pure thuggery and intimidation, they came to threaten the Tzaddik, trample his privacy, and harm his health. Above all, they came to humiliate and disgrace his honor as a great Torah giant and leader of a Chassidic community, treating him like the lowliest of criminals.

"Thank God, Rabbi Berland is no longer a young man, and we must think about his strength—how to help him so that such things do not happen again. There is an obligation to appoint a Beis Din (Rabbinical Court) to excommunicate the persecutors—not to marry into their families, not to include them in a minyan (prayer quorum), and not to stand within four amos (cubits/six feet) of anyone who does such things or makes such claims against Rabbi Berland."

"Seemingly, this is an obligation according to Halacha (Jewish Law) to do this, both from the perspective of 'v'nishmartem me'od l'nafshoseichem' (you shall greatly guard your lives)—to help prevent harm to the Rav's strength—and from the perspective of Kavod HaTorah (the honor of the Torah). We must do this."

"We must clarify with witnesses who acted against the Rav in this matter, verify the facts with witnesses, and excommunicate him. His name must be publicized, and photos should be made so people know who he is and distance themselves from him. Through this, there will be protection; there will be a 'mortal fear' for anyone who, Heaven forbid, wants to harm the Rav," Rabbi Schmerler continued.

"According to Halacha, there are two severe transgressions here," the Dayan Rabbi Schmerler claims in a recorded conversation. "The health risk to an elderly person based on 'v'nishmartem me'od l'nafshoseichem,' and the disgrace of the honor of a Talmid Chacham (Torah scholar)." From his words, it is implied that this is a case of mesirah (informing to secular authorities) of the worst kind, which endangers the life of the one informed upon—which is forbidden by law even against Jewish criminals—and furthermore, regarding a Talmid Chacham, there is a terrible disgrace and a very grave sin akin to apikorsus (heresy), as explained in Shulchan Aruch, Choshen Mishpat Section 28 and Yoreh Deah Section 244. These are the continuation of his words:

"Certainly, according to Halacha, this must be done, based on 'v'nishmartem me'od l'nafshoseichem.' If the persecutors can cause such a thing—allowing them to come at five in the morning, which is something that would disturb any person, even a 25-year-old kollel student—it can weaken his strength. How much more so for Rabbi Berland, who has worked his entire life with service that is 'above nature.' The Sages understand from the words of the Torah that study weakens a person's strength."

"From here we see that we must protect his strength, and these actions can greatly weaken that strength. We must do everything we can to prevent this; it is nothing compared to what they dare to do against the Rav."

"In the Mishnah it is written: 'Be careful with the glowing coal of the Sages, for their coal is a coal of fire.' We must appoint a court that excommunicates—not just one that prevents fighting against the Rav—anyone who harms the honor of the Torah must be excommunicated."

"I am certain that all the souls who persecute Rabbi Berland are from the Erev Rav (Mixed Multitude); they are not from the People of Israel. Anyone who has a Jewish soul cannot do such things," Rabbi Schmerler concludes his protest against the severe harm to the honor of the Talmid Chacham, Rabbi Eliezer Berland shlit"a.

Rabbi Schmerler essentially claims that any Jew who was a partner or assisted in this violent police break-in deserves to be placed under nidui (excommunication) and cherem (banishment) as required by Halacha. "Even if Rabbi Berland remains silent toward those who insult him and waives his own honor and does not excommunicate for his own sake—even though he is permitted to do so by Halacha—his students and those who guard the Torah must immediately convene a Beis Din (Rabbinical Court) to denounce these wicked people from the Haredi public."

In his words, Rabbi Schmerler claims that the controversy and persecutions will not stop until extreme measures are taken against the zealot activists who persecute Rabbi Berland and permit all the prohibitions of the Torah.

Rabbi Schmerler adds and claims that such phenomena must not be allowed to exist within the Haredi public without those responsible being held accountable with a sharp response as required by Halacha. "The entire Haredi public is obligated by Da'as Torah (Torah law) to excommunicate and banish those who commit these acts—it is simply forbidden to remain silent."

Rabbi Schmerler is one of the few brave voices who came out in response to that violent police raid—but there are many in the Haredi public who think like him and agree with his opinion, yet they still fear coming out publicly against Haredi collaborators and mosrim (informers) due to the understandable and logical fear that they might be harmed by the state authorities. It is highly recommended to listen to this simple, clear, and brave Da'as Torah.