3908 —חששות בעלות משותפת למגרש ישיבה ושימושים חלופיים

B"H, 29th of Marcheshvan, 5716. Brooklyn.

Haraha"g vaharaha"ch osek b'tzt"z havavac"h iy"a etc. Eliezer Kraskik, Pinchas Altahoyz, Chaim Shmaryahu Gurari.

Shalom u'Vrachah!

In response to your letter from the 21st of Cheshvan with its enclosure—the bylaws of the Tora Dat Chesed Tzedakah association and a letter from its administration—where you write about the lot in Tel Aviv and ask my opinion:

a) Based on experience with matters in Eretz HaKodesh, if there is any ownership retained by someone else, it is impossible to be certain that there will not be future aggravation. Therefore, I do not think it advisable that the lot should be registered not only under Aguch but also under Tora Dat Chesed Tzedakah. Especially since it is also unclear: if they do not wish to be involved at all and will have no share in the building, what benefit do they gain from having the lot also in their name? This only creates an opportunity for someone to claim ownership later. Even if all current board members are above suspicion in this regard, since the building and its use are meant for many good years ahead, one must consider possible changes in the association’s leadership. The main point is that there is no logical reason for them to insist on this demand. Of course, their merit should not be diminished at all; therefore, publicize that those who performed this mitzvah donated the lot as a gift and print this on all forms—but do not allow any room for shared ownership as above. Since the building will surely cost a significant sum, if it stands on a lot partially owned by others, it could lead to disputes and so forth.

b) It would be proper not to limit yourselves specifically to establishing a Yeshivah on this lot—especially according to your repeated statements that it is difficult to recruit students in Tel Aviv and almost impossible, etc., and you surely have copies of your letters. It is questionable whether it is worthwhile to invest tens of thousands of lira in construction and then bring students from Lod just to fill the building. Perhaps there is room to consider evening classes for youth or vocational training under Aguch and Tzeirei Aguch; also gatherings for Aguch, Tzeirei Aguch, Nshei U'Bnos Chabad, etc.

c) All of the above is only if there is no choice; but clearly it would be best if Tora Dat Chesed Tzedakah agrees to sell the lot and invest that money in buildings in Kfar Chabad—with all rights noted as being done with their funds.

I await a detailed letter regarding the above matters—and thank you in advance.

Summary

The Rebbe cautions against joint ownership arrangements due to potential future disputes and recommends maximizing communal benefit by considering alternative uses or selling assets when appropriate.