Feb 22, 2011

A Deadly Machlokes.. Or Not

There is a man in Modiin Ilit who is very sick (daven for Reuven ben Dina), with cancer in his head. This man is the founder of a chain of gannim, or kindergarten/nurseries in Modiin Ilit.

Sice his illness was recently discovered, his family and others have been doing all in their power to help - learning in his honor, davening, brachos and advice from gedolim, good deeds, etc.

Bechadrei reports that when this fellow was first establishing his chain of gannim, a few years ago, the iryah had allotted to him a plot of "land" above a shul for his gan. At the time, the rav of the shul asked Rav Nissim Karelitz if it is ok to put day care centers above a shul. At the time, Rav Nissim Karelitz said that a maon should not be put there, but a gan for girls would be ok because gan does not have the status of a talmud torah. As well, since the gan had existed already before the shul was active, it is ok, whereas putting a new maon, day care center, would be a problem.

And based on Rav Karelitz's psak, they put the gannim there above the shul.

Now that he got sick, people went back to rav Nissim Karelitz to ask again if perhaps there was something wrong with the arrangement. Rav Karelitz again told them that everything is fine and there is no halachic problem.

Some of the parents were not satisfied. They went to rav Chaim Kanievsky and asked the same question. Rav Kanievsky told them that the gannim must be immediately removed and relocated elsewhere.

Bechadrei says they found an alternate location and immediately moved the gannim. Yet, despite that, the choleh remains ill and his condition is still deteriorating further.

1. I wonder why they thought that the gan issue was a problem? if a few years prior they had been told it was fine, why did they suddenly suspect that as being the problem?
2. If Rav Karelitz said it is ok, why did they insist on it not being ok, and continuing to ask, including others?
3. The halacha is that if you ask a rav a shailoh you are not allowed to ask another rav, as if you are fishing for a specific answer, unless you tell him that you already asked. Did they tell Rav Kanievsky that they already had an answer from rav Nissim Karelitz?
4. Refuah Shleimah to Reuven ben Dina)

1 comment:

  1. It so disturbed me like you say in #3, that these parents thought they needed to go over Rav Karelitz' head to get a psak that "really" addressed what was bothering them.

    When that happens to me, I ask the Rav telling me X is a non-issue, but how can I reconcile my concerns about X?

    They could have asked since the gan location is irrelevant, what should they do for him as a zechus.


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