On the 9th of Shevat, 1986, the Community Council wrote the
Rebbe concerning an answer the Rebbe gave Rabbi Bukiet, a’h, that the election
and appointment of the Rabbanim is the prerogative of the residents of the
community. They wanted to establish a beis din of three Rabbanim for the
community (and they listed their names), and they asked for the Rebbe’s consent.
The Rebbe responded as follows:
"Naturally this is a decision for the residents of the
community to make."
This was followed by elections for Rabbanim, and as the Rebbe
explained at length, in the Sicha of Parshas Mishpatim, 5747, the appointment of
Rabbanim by means of elections in which all the residents participate gives the
Rabbanim the highest possible authority and power.
Since that time, the Rebbe has referred all the mosdos of the
community, and the Lubavitcher mosdos of the community (Yeshivas Tomchei Temimim,
Beis Rivka, etc.), to the Badatz (Beis Din Tzedek) of the community. (A number
of these directives were already publicized in the booklet entitled "Mi Bara
Aileh," published in 5755).
The extent to which the Rebbe entrusted the Badatz with these
issues is illustrated by the following answer of the Rebbe from Cheshvan 5748
(This answer was given in connection with the publishing of the edited sichos of
the Rebbe by Kehos Publication Society. These sichos were being prepared by
committees such as "Vaad Hanachos HaTemimim" and "Vaad Hanochos B’Lashon
HaKodesh"):
They should clarify once and for all who are the publishers
of the sichos, etc., under different headings and different languages.
They should also discuss among themselves (by means of the
Badatz and the like?) about establishing an order (at least minimally) who shall
propose whether 1) I should edit, 2) to add or to change 3) and other issues 4)
to prevent [the practice] that each child, woman and man publishes, etc.
When I shall receive a clear letter from the Badatz
clarifying all this, I will know if I should respond to the request with the
enclosed signature or the requests with varying (also in content) signatures.
But in order not to limit the authority of the Beis Din to
the people and mosdos of Lubavitch only, and to show their authority over all
residents of the community, the Rebbe did not allow them to use the name
Lubavitch in the official name of the Beis Din. As the Rebbe explained in an
answer to a member of the Community Council (in reference to a suggestion of
using the name "Lubavitch"), dated the 22nd of Elul 5746:
The meaning of their suggestion - according to Shulchan Aruch
- is that all those living in the community who aren’t Lubavitchers will choose
Rabbanim and a beis din, etc.
And when there was a suggestion from the Vaad Rabbanei
Lubavitch on the 7th of Tammuz 5746 to organize a list of Rabbanim from the Vaad
Rabbanei Lubavitch to help the beis din, to sit on dinai Torah in the community
etc. - the Rebbe negated this suggestion:
In the sh’chuna are residents that are not Lubavitch - and
what is even the consideration of the Vaad Rabbanei Lubavitch (many of whom live
out of the community and out of the country) here?
