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IN-DEPTH FEATURES by Chaim Arbeli
Twenty one years ago, a storm raged over excavations of
graves in Hamburg, Germany. Demonstrations were held on the
site, and once again German police were seen forcibly
evicting Jews. Later on, HaRav Yitzchok Kulitz zt"l,
the rov of Yerushalayim, was called in to give his opinion on
the construction of the site. He traveled to Germany,
returned to Israel and announced his ruling that there must
be no digging on the site.
The Germans announced their rejection of the ruling, but then
. . . one hour later they suddenly announced their complete
acceptance of the ruling. The Rav's confidant, Rabbi Menachem
Blumenthal, who accompanied him on the trip, dubbed its
success as "open miracles."
*
The Hamburg episode began some 833 years ago, when the Jewish
community purchased some land in Hamburg for a cemetery, in
nearby Ottensen, Altona. In those days, Altona was under the
control of the government of Denmark where it was possible
for Jews to buy land on a permanent basis, rather than only
for a temporary lease as was the case in other places. Thus,
in Altona there was no fear of the land ever being
requisitioned, and close to four thousand Jews were buried
there throughout the years.
During the Second World War, the Germans desecrated the
graveyard and nationalized it. After the war the British, as
conquerors of the region, gained ownership of the site, and
they subsequently handed it over to the Jewish community
which was then in Hamburg. The Jewish community viewed
themselves as the full owners of the cemetery.
Forty-five years ago, the community sold the land. Twelve
years ago, a construction company named B&L purchased the
whole area, for development. The company managers claimed
that at the time of the purchase, they had no idea that it
was a Jewish cemetery.
At that time, some of the graves were no longer in existence,
since a bunker had been dug in part of the area, and other
excavations had been done as well. However an examination of
the area revealed that any further digging in the area was
likely to damage the remnants of the graves.
The company suggested relocating the remaining graves to any
place that was decided upon, to enable them to carry out the
excavations in accordance with their plans to build a major
shopping center.
A few forceful community activists attempted to prevent the
project from starting, but the company managers put up a
stubborn fight.
The Jews in Europe began to demonstrate on the site, and the
German government was quite discomfited by the scenario of
German policemen seen forcibly evicting Jews. The federal
government held back from any involvement in the actual
dispute.
The German construction company found itself smack in the
middle of a storm, which grew increasingly more intense. The
company applied to a businessman named Shaike Kariv from Bnei
Brak to investigate whether it was possible to solve the
problem by relocating the graves to Eretz Yisroel. Funds for
this purpose were already available.
Kariv met with representatives of the community activists,
and the two sides decided to apply to and accept the ruling
of HaRav Yitzchok Kulitz, then the official rov of
Yerushalayim. Consequently, HaRav Kulitz embarked on a three-
day visit to Germany.
At this point, Rabbi Menachem Blumenthal, secretary, aide and
confidant of HaRav Kulitz, joined the trip.
"The visit was planned as a private one," said Rabbi
Blumenthal. "I cannot reconstruct in my mind today how it was
that the visit took on a distinctly `royal' character. It was
hosted at the Ramada Hotel in Hamburg, the most magnificent
hotel in the region. Kariv claimed that serious affairs are
conducted in luxurious settings.
"In addition to the rooms, Kariv rented a glamorous suite to
host private meetings, as well as a spacious room for more
public meetings. Rabbi Chananya Shachor, a native of Hamburg,
also joined the travel party. We traveled around in official
vehicles. It was only later that we realized why HaKodosh
Boruch Hu had arranged events such that HaRav Kulitz was
simply cloaked in grandeur."
Why was HaRav Kulitz, in particular, chosen to decide on
the issue?
Rabbi Blumenthal explained that HaRav Kulitz had been
involved in incidents concerning graves a number of times in
the past, including some in Germany as well. He had once
convinced the government to relinquish a certain graveyard.
Furthermore, even local activists in the region had faith in
him.
During that period, a certain German journalist by the name
of Ulrich Zeem was, "coincidentally," staying in Israel. He
was married to a Jewish woman but claimed to have converted.
Ulrich was a writer for one of the German stations, and he
would quite often come to the country to interview HaRav
Kulitz on a variety of subjects.
As Rabbi Blumenthal put it: "I get excited today just
rehashing in my mind about how all the events unfolded."
Ulrich greatly admired HaRav Kulitz. When the incident of the
graves came up, HaRav Kulitz called him and asked him if he
would be willing to act as translator during the trip. As
compensation, HaRav Kulitz suggested that he also act as
spokesman during his visit, which was covered by the German
media. Naturally, he agreed, added Rabbi Blumenthal.
The German text of HaRav Kulitz's final ruling was translated
by this journalist, who was most faithful and precise. HaRav
Kulitz spoke German and really had no need of a translator
for conversation. But every mark on the official documents
had to be most exact, especially since HaRav Kulitz added
specific expressions to his ruling about which he was very
particular that they be understood as he wished. Every one
who knew him was conscious of how carefully he weighed each
word.
According to Rabbi Blumenthal, at this stage the German
government--both the central government and the local one--
kept out of the affair, dismissing the issue as a "private"
matter.
When they first set out on the trip, the delegation was far
from any thoughts of influencing or changing the stance of
either the construction company or the German government. But
as the trip progressed, certain matters evolved which Rabbi
Blumenthal termed "obvious miracles."
The Jewish community did its utmost to ensure that the visit
be as distinguished as possible. Their members had no reason
to be ashamed about the actual sale of the land, explained
Rabbi Blumenthal, since it had been implemented by Jews who
had just chanced to be in Hamburg after the war and had moved
on--it was really an incidental community with no connection
to the present one.
According to Rabbi Blumenthal, his role on the trip was to
mark out where the predominant channels of power lay, through
whom it might be possible to influence and effect changes. He
managed to contact a few of those who could pull strings, who
had leverage with the heads of government.
One of those he contacted was a woman by the name of Kahan,
whose father was Jewish. She was later to have a key role in
the success of the mission.
Seeing the Officials
After HaRav Kulitz studied the site and investigated the
problem, he requested a meeting with Hamburg's Minister of
Justice. During that meeting he queried the minister about
German law, and then went on to prove to him that the sale of
the area had no validity from a legal standpoint.
"I do not remember the exact details," recalls Rabbi
Blumenthal, "but he argued that the graves belonged to the
actual original purchasers [who are buried there], since the
whole power of the community which sold the area derived from
the British government, which had in turn conquered the
region from the Germans, who had nationalized Jewish property
. . . The Minister of Justice was very impressed and
responded, `Nothing can be done against that. That is an
argument.' "
Asked whether the idea had come into HaRav Kulitz's head
during the meeting, Rabbi Blumenthal said he could not
possibly know. He added that HaRav Kulitz had not mentioned
the matter to him beforehand, but he doubted that the Rov
could submit such an argument had he not first checked out
matters with the Minister of Justice, with whom he had met on
more than one occasion.
HaRav Kulitz also argued that the community that sold the
land was only an incidental community, i.e., a group of Jews
who had arrived there in the aftermath of the war, who could
not be viewed as "the Hamburg community."
Additionally, HaRav Kulitz met with the Minister of the
Police and the police commandant and requested that during
his stay they ensure that all work be halted on the site.
As the trip progressed, it got a lot of coverage in the
media. Then, HaRav Kulitz received an invitation from the
mayor of the city to visit the Municipal Council. (The State
of Hamburg is one of the 16 states that constitute Federal
Germany.)
During that visit, HaRav Kulitz was met by hundreds of
journalists. The mayor accompanied him to the furthermost
point that he was allowed to accompany guests, according to
German law. Beyond that line, the mayor was forbidden to
cross, even when heads of state came to visit.
After a series of meetings, HaRav Kulitz met with leaders of
the construction company who were . . . `most rigid,'
according to Rabbi Blumenthal. They argued - -and quite
rightly from their perspective--that they had purchased the
site and paid for it in full. HaRav Kulitz tried convincing
the central government, as well as the local government, to
buy the site from the company, but neither would consent.
As Rabbi Blumenthal put it: "HaRav Kulitz never gave his
resolution on the spot, nor did he ever reveal what he was
thinking. But during the consultations, I learned to grasp
the direction to which he was striving. We returned to Israel
without his giving a ruling on the matter. The pressure back
there had been really dreadful. When we got to Israel, we
were met at the airport with singing."
Rabbi Blumenthal quoted from a letter sent to him by one of
the local activists, to illustrate the tremendous effect that
HaRav Kulitz had on the general atmosphere in Germany:
"The general atmosphere that I witnessed in the public, the
media, and the political echelons, generated a very distinct
sensation of it being just not possible to go against the
word of the Chief Rabbi of Jerusalem . . . It was surely a
case of "Hashem nosan chein ha'am be'eineihem, ve'gam
ho'ish . . . godol, etc. (Hashem put the grace of the
people in their eyes, and also the man . . .) This I want to
say -- that I was a witness to the extent of it."
***
In Israel, HaRav Kulitz sat and wrote his decision, entirely
forbidding the construction company from carrying out any new
excavations on the site. The whole site had to be covered
with concrete vaults, and building was only to be done above
the concrete. He had consulted with experts as to whether
this was technically feasible, and had received positive
responses. In the bunker area, which had already been dug up,
pits could be set up as shafts for the elevators.
HaRav Kulitz also requested that, to ensure that the
construction company not deviate from the stipulations of his
ruling, a supervisor would go to Hamburg from Jerusalem, to
follow up on the construction work. The company was requested
to provide the funding for the supervision.
"I will never forget," recalled Rabbi Blumenthal, "how I got
a phone call announcing that the company would not accept the
ruling. The Hamburg Senate was also not prepared to accept
it. Irate people called me from Hamburg, stating that if
another ruling was not forthcoming by Friday, the excavations
would start up again. The company had already transferred
their heavy equipment out there and were getting ready to
plow the area.
"I phoned HaRav Kulitz less than an hour before Shabbos, and
asked whether it was not perhaps necessary to change his
decision. Things couldn't continue like this . . . we
standing here, so far away, while over there the tractors
were already starting up their motors!
"And then the Rov spoke, in a voice very different from the
one I was familiar with. He said, kehai lishna (using
this language): `Menachem, you are not running the world, and
neither am I running the world. There is a Ribono Shel
Olam, and He wants us to do what He has asked us to do. I
gave my ruling in accordance with all the sequences of
halochoh. More than that -- it is not my task to do, and
neither is it yours.'
"I notified Germany instantly that there was no change
whatsoever and that the ruling was final.
"An hour later, I received a phone call from Germany that the
Senate had convened and had decided to accept the ruling. I
went and told HaRav Kulitz immediately, and he burst into
tears of emotion. In only one hour, the situation had
undergone a complete turnabout: from the tractor that was
ready on the site, to the Senate's agreeing to accept the
ruling. The person who led the motion in Germany was Mrs.
Kahan. She was the shaliach of the Ribono Shel
Olam."
The construction company, after that was faithful to the
agreement down to the last detail. The appointed supervisor,
Rabbi Aaron Gottlieb, was dispatched to the site from
Jerusalem.
Rabbi Blumenthal added that even today he is unable to give
any logical explanation of what happened in Germany.
Mark of Disgrace
Although HaRav Kulitz ruled that it was permitted for the
construction company to build on the site -- without any new
excavations -- he did so with a heavy heart. As the Rov
himself put it, he only made that concession because the
buyers had invested enormous capital in acquiring the place.
It was definitely not respectful to the graveyard, to have
buildings erected upon it.
Yet, as HaRav Kulitz stated: "Surely, each building erected
over this graveyard constitutes a further mark of disgrace
for the German government. I refer to the general government
which turned a deaf ear to the pleas, and to the local
government which, though it did lend an ear, it was to no
avail, since the two authorities shook off their
responsibility, and each tried to pass it on to the other.
Despite all the efforts and the pleas, the two authorities
did not manage to reach a clear decision to liberate the site
which had been desecrated by the Germans, and convert it into
a memorial site and/or guard it so that it would never be
built on at all--like Jewish cemeteries elsewhere in the
world."
As Rabbi Blumenthal put it, "He pushed them on their most
ultra-sensitive point. Ulrich Zeem, the German journalist who
accompanied HaRav Kulitz on the trip, was well aware of
German sensitivities, and he tried a number of times to
explain that a certain word in the text of HaRav Kulitz dealt
an extremely harsh blow to the Germans, the worst possible
blow, in fact.
"However, HaRav Kulitz was adamant that it be written."
From the ruling of HaRav Yitzchok Kulitz, issued on 18
Iyar, 5752
"We must hereby note clearly, decisively, and unequivocally,
that no private or public body has any authority whatsoever
to sell, hand over, or transfer, in any form whatsoever, the
graveyard, or a portion of it . . . That community which was
given the site of the graveyard, as a consequence of the laws
in the times of the Nazi rule, as already noted above, did
not become the owners of this holy place, and certainly not
of those buried in it. I am not making a claim here from a
legal perspective, according to German law, but according to
Jewish law: this sale is fundamentally abolished and
invalidated.
"It should be noted that the prewar Hamburg community was
appalled at the notion of the sale of the cemetery, and not
only the eminent Jewish communities of Hamburg, but the
entire Jewish community of the whole world was horrified by
it. For never has such a dreadful thing been done before, to
sell a cemetery with graves. Even the Communist government of
East Germany understood that, and annulled the sale of a site
in Berlin which contained graves."
From the ruling which was laid down on 27 Sivan,
5752:
After a visit to the cemetery, and an in-depth examination of
the entire issue, the resolution is herewith reached, as
follows:
1. It is forbidden to move the graves and the dust from the
cemetery, including even for the purpose of transferring them
to Israel.
2. We are not preventing construction above the cemetery, but
only upon it, including no digging upon it.
3. Construction in the site must be done under tight
supervision, by a supervisor appointed by us.
HaRav Yitzchok Kulitz zt'l, Chief Rabbi of Jerusalem
for over two decades, passed away last year on 24 Tammuz at
the age of 81 after a protracted illness.
HaRav Kulitz was born in Lithuania on 18 Sivan 5682 (1922) to
HaRav Eliyohu Dovid Nachman, rov of the town of Alita and one
of Lithuania's leading rabbonim. HaRav Eliahu Dovid was very
close with the Chazon Ish and learned with him
bechavrusa for many years. When his son was only
three, Rav Eliyohu passed away and when Yitzchok was just 10
years old his mother sent him to Yeshivas Slobodka. Among his
rabbei'im during this period was HaRav Zevulun Graz
who was later a rov in Rechovot.
On Rosh Chodesh Elul 5693 (1933), when he was 11, his family
moved to Eretz Yisroel and settled in Yerushalayim. His
mother sent him to learn with the mechina of Chevron
Yeshiva.
When he was 14, his friends advised him to relate his
chiddushim to HaRav Isser Zalman Meltzer. The young
bochur went one evening and after that visit the two
often engaged in pilpul.
His rebbe, HaRav Yechezkel Sarna, was very fond of the
young man and even helped his family. During the war of 5708
(1948), as shells fired by the Jordanian army were falling on
Jerusalem, HaRav Sarna brought the entire Kulitz family into
his home for an extended stay.
During R' Yitzchok's time at Chevron, the yeshiva was full of
renowned talmidei chachomim who had a major impact on
the young man and later he would regularly visit the homes of
maranan verabonon. As a young yeshiva bochur,
he would sit and learn constantly. Every night as midnight
approached, HaRav Aharon Cohen, later the rosh yeshiva, would
come to the beis midrash to send him to bed.
HaRav Kulitz received semichoh from HaRav Meltzer
before he got married. HaRav Kulitz also grew close to Maran
the Chazon Ish zt'l who had been his father's
chavrusa. After Rav Kulitz sent him his
chiddushim, at the Chazon Ish's request, the two would
often exchange letters on Rav Kulitz' learning.
He married Gittel Tovoh a'h, the daughter of HaRav
Yaakov Shimshon Auerbach, a prominent Karliner chossid
from Tiveria. After his engagement, the Chazon Ish sent him a
letter of congratulations with the blessing that Rav Kulitz
should have the merit to study in accordance with his pure
aspirations.
At the age of 25, he was appointed a ram at Yeshivas
Chevron, replacing Rav Aharon Cohen who was unable to reach
the yeshiva from the Central Region due to the war then
raging. Afterwards he refused a permanent position at the
yeshiva.
He moved to Bnei Brak, where the couple had a meager
subsistence. The Rebbetzin devotedly raised the children
without distracting Rav Kulitz from his Torah study,
preparing them for lives of Torah and instilling in them
middos tovos.
Rav Kulitz davened in Yeshivas Ponovezh and formed
strong bonds with the Ponovezher Rov, HaRav Shmuel Rozovsky,
HaRav Dovid Povarsky and Maran HaRav Shach zt'l. He
was graced with a fine speaking ability; Rav Kahaneman once
asked him to speak for the yeshiva's board of governors.
Rav Kulitz taught Torah until 5715 (1955), when he was
appointed a dayan at a Tel Aviv beis din. He
sat on the bench for many years, during which his rulings set
an example for many other dayanim. In 5739, he was
appointed to the Beis Din Hagodol and in 5741 (1981), after
the petiroh of HaRav Betzalel Zolti, he was made rov
of Jerusalem.
Rav Kulitz would deliver his Shabbos Teshuvoh droshoh
at Beis Knesses HaGra in the Jerusalem neighborhood of
Shaarei Chessed, where his listeners included Maran HaRav
Shlomo Zalman Auerbach zt'l.
One year after suffering a heart attack, Rav Kulitz announced
he would be unable to give the Shabbos Teshuvoh
droshoh. On the Thursday night preceding Shabbos
Teshuvoh, HaRav Shlomo Zalman Auerbach came to his home and
said, "I heard the Rov would not be delivering his
droshoh due to his weak state of health, so I've come
to hear it in his home."
Rav Kulitz left his imprint on every area of life in
Jerusalem and beyond. Of particular note was his
uncompromising struggle to protect Jewish graves in Jerusalem
and around the world. Before the reunification of East and
West Germany, Rav Kulitz traveled to Hamburg to provide his
expertise as part of efforts to save a cemetery. The West
German government submitted to his halachic decisions, as
detailed in the main article.
In Eretz Yisroel as well, he fought against attempts to
destroy Jewish graves. His firm stances helped solve many
problems that arose throughout the years in numerous places,
including French Hill, Givat Zeev, Maaleh Adumim Road, Begin
Road and the Modi'in area.
Never raising his voice, his resolute insistence on truth
overcame whoever confronted him. He raised the level of
kashrus supervision in Yerushalayim to the extent that
its mehadrin supervision has a very good name.
He was also known for his uncompromising campaign to prevent
the entry of Reform figures into positions of authority in
Jerusalem, particularly the repeated efforts to bring them
into the Religious Council.
HaRav Kulitz also had a special friendship with Maran HaRav
Yosef Sholom Elyashiv, shlita, who would direct all of
the halachic problems regarding Jerusalem to him and would
meet with him frequently to discuss various issues.
As a dayan he was known for his sharp perception.
Without unneeded words, he knew how to identify the point of
contention and to pursue the underlying truth. Soft-spoken
and pleasant, his noble manner radiated all around him.
A few years before his passing he retired from civic life and
stopped answering halachic questions, due to his weakness.
During this difficult period, when he would discuss Torah, he
would regain some of his strength and speak animatedly. He
published a sefer called Minchas Eliyohu, named
after his father. Six-and-a-half years ago his wife passed
away.
by R. Kulitz
24 Tammuz marked the first yahrtzeit of HaRav Yitzchok
Kulitz zt"l, whose noble character has not been
forgotten. One year has passed and the rays of light still
shine forth from this extraordinary personage--a giant in
Torah and middos. From early childhood until his
parting this world, Torah was always on his lips. With a
smile and a radiant countenance he trod the path of his
fabulous life, leaving behind a powerful stamp of Torah,
wisdom, leadership, faith, warmth and love.
One year has passed, yet the flame of the Torah blazing in
his heart has not faded--a fire that burned in his flesh and
bones. Every moment, at every phase of his lifetime, all of
his attention was devoted to Torah study.
On a cold and rainy winter night in Jerusalem, as a
talmid at Yeshivas Chevron, he delved deep into a
sugya late into the night. It was during the British
Mandate period and a curfew was in place. Suddenly, R'
Yitzchok needed a certain book to resolve a kushyoh.
Wearing an impassioned look on his face and just a thin shirt
on his back he ran from his room, which was at a distance
from the yeshiva, to the book room at the yeshiva. Fifteen
minutes later he was back in his room, beaming. He had hardly
noticed the cold wind and driving rain. Once the
machlokes in the Tosafos had been resolved his face
burned with fervor and the warmth of Torah radiated from him,
protecting him from the fierce wind and storm.
The passion of Torah from his youth remained with him even
after he had left his youth far behind. The song of Torah
never left his tongue.
And Torah cannot endure without truth and peace, which were
HaRav Yitzchok's guiding lights. He dedicated himself to work
towards peace between husband and wife and bein odom
lechavero. As a dayan, with his tender heart and a
yearning for truth beating in his chest he never showed
favoritism, but only steadfastness, integrity and unbound
sensitivity. On one occasion, when he caught one of the
litigants in a lie, he was as strict as halochoh permits. And
when a brokenhearted widow came to claim an inheritance he
cried along with her.
His face exuded graciousness and kindness, epitomizing
ve'ohavto lerei'acho komocho. HaRav Yitzchok Kulitz
loved every Jew at least as much as he loved himself. His
personality radiated beneficence and love. His every word and
act spoke of an agreeable, noble nature. Even when he once
had to raise his voice against a kashrus worker who had
betrayed his trust, he confided to someone that he was not
angry but had "to wear the coat of anger."
He treated people young and old alike with the utmost
respect. Both gedolei olom and unfortunates sought him
out. Some for pilpul, others for advice and still
others for support, consolation and encouragement.
One year has passed since his histalkus and we
continue to absorb the rays of light from this towering
lighthouse of Torah, trying to make even a bit of this light
our own.
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