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California Trial Court Affirms Religious Court's Decision On Ownership of Torah Scrolls

By Howard M. Friedman

The Los Angeles Daily News reports that on Tuesday a Los Angeles trial court confirmed a ruling by a Jewish religious tribunal in a dispute over ownership of four Torah scrolls. The court agreed with the bet din (Jewish religious court) that the scrolls belong to the widow of Rabbi Norman Pauker, and that they were merely on loan to Pauker's former assistant, Rabbi Samuel Ohana. (See prior related posting.) That conclusion was based on a handwritten loan agreement seen as authentic by the bet din.  Ohana is using the scrolls at his Sherman Oaks, California synagogue. Pauker's widow wants her nephews, who are rabbis, to have the scrolls for their synagogues instead.  The challenge to the ruling of the bet din was based on the fact that the religious tribunal ordered the scrolls returned not to Pauker's widow personally, but to Pauker's orgainzation, Valley Mishkan Israel Congregation. Ohana claimed the religious panel had no authority to do that since the widow personally, not the Congregation, was the party to the action. (See prior related posting.) [Thanks to Steven H. Sholk for the lead.]

Full post as published by Religion Clause on September 03, 2010 (boomark / email).