The legal and public battle over Bnei Brak's Ponevezh Yeshiva reached a new peak Monday morning, two days before the court-ordered eviction deadline, when Rav Shmuel Markowitz's faction filed an emergency appeal to Israel's Supreme Court asking the justices to stay the execution of the eviction order.
The appeal, filed through the Mesoras HaTorah association, follows a ruling by Tel Aviv District Court Judge Yehudit Shevach upholding an arbitration award issued by retired judge David Cheshin. Judge Shevach rejected in detail the motion to vacate the arbitration award filed by Mesoras HaTorah, Rav Shmuel Markowitz, and Rebbetzin Tziporah Markowitz.
In her 19-page decision, Judge Shevach ordered the students and personnel of the yeshiva under Rav Markowitz's leadership to vacate the Ponevezh campus by Wednesday, 30 September.
The original eviction date set by arbitrator Cheshin had been the end of July, but Judge Shevach postponed it, expressing hope that the evacuation would be carried out peacefully and "without further escalation".
Beyond the eviction order itself, the confirmed arbitration award imposes additional severe restrictions: Rav Markowitz's side is barred from using the yeshiva's trademarks, including the name "Ponevezh Yeshiva" and its familiar logo. Rav Markowitz is also prohibited from presenting himself with the title "Rosh Yeshivas Ponevezh".
Throughout the legal proceedings, Rav Markowitz's faction argued that arbitrator Cheshin exceeded his authority in his ruling, and that the arbitration award violates historical rights granted to Rav Markowitz in earlier arbitration proceedings conducted within the yeshiva. The district court, however, rejected these arguments and gave full force to the arbitrator's decision.
Now, with the clock ticking and the deadline falling in approximately 48 hours, the eyes of the yeshiva's talmidim turn to the Supreme Court. The justices' decision on the motion to stay execution will determine whether the eviction proceeds this week or is frozen pending a full hearing on the appeal.
