New York State Supreme Court Rules that the Kedusha of Shabbos Remains Intact Through Rabbeinu Tam’s Z’man

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By: Joey Aron Esq.

Judge Johnny Lee Baines—a towering presence, both literally and figuratively, in the New York State Supreme Court—has ruled that the legal definition of Shabbos could extend until Rabbeinu Tam’s 72-minute-zman.

In a case titled Signature Bank NA v. Koschitzki, the Court discussed General Business Law Section 13, which states that whoever “maliciously procures any process in a civil action to be served on Saturday, upon any person who keeps Saturday as holy time, and does not labor on that day . . . is guilty of a misdemeanor.”

Though not Jewish, Judge Baines was tasked to determine whether the law would apply when service occurs when it is Shabbos only according to those who adhere to Rabbeinu Tam’s zman.

The Court noted that the Defendant asserted that although “Jews who adhere to the group Chabad believe that the Sabbath ended at 5:15 pm on the date in question, it is the belief of the defendants and others of their fellow adherents that Sabbath ends 72 minutes after sunset, or 90 minutes after candle lighting time.”

“The Court understands that there is a disagreement as to the time at which Sabbath ends among different groups of observant Jews,” noted Judge Baines. The Court also noted that “given the conflicting opinions contained in different religious sources,” it would be inappropriate, “for it to determine the manner in which religious custom should be observed by any individual group or require that one particular group’s traditions be adhered to uniformly.”

As a result of the Court’s decision, the case against the defendant was dismissed.

Joey Aron is the founder of Aron Law PLLC. Aron Law PLLC is a boutique firm located in Boro Park, practicing primarily in the areas of employment law and discrimination. Contact information is available at www.boroparklaw.com

 

{Matzav.com}

10 COMMENTS

  1. “New York State Supreme Court Rules that the Kedusha of Shabbos Remains Intact Through Rabbeinu Tam’s Z’man”

    Sheker!

    מדבר שקר תרחק

    It starts off by saying “New York State Supreme Court Rules that the Kedusha of Shabbos Remains Intact Through Rabbeinu Tam’s Z’man” – בלשון וודאות, unequivocally.

    Then it changes to “ruled that the legal definition of Shabbos could extend until Rabbeinu Tam’s 72-minute-zman.” – a lashon of maybe, perhaps – in other words, not that it does necessarily, but that it might.

    Then it goes down even further by saying “The Court also noted that “given the conflicting opinions contained in different religious sources,” it would be inappropriate, “for it to determine the manner in which religious custom should be observed by any individual group or require that one particular group’s traditions be adhered to uniformly.” – in other words the court is * not taking any position on the matter *.

    The first day of Ellul, the shofar is blown, and I have to read this phony, misleading story, because someone wants to promote their law business?

    Let them pay for an advertisement and stop misleading people with baloney.

    Please Matzav, don’t print these phony things by people who want free publicity. A legitimate lawyer should be able to afford an advertisement.

    P.S. In New York State, the ‘Supreme Court’ is not actually the highest court. It can be overruled by the NYS court of appeals.

    Anyone with a decent education knows that due to separation of church and state, courts don’t rule on matters of religious doctrine as the headline implies.

    • You are incorrect. I can tell as a lawyer that you don’t know what you are talking about. The judge found that General Business Law 13 prohibits service of court documents on the Sabbath. While the judge did not opine on religious doctrine/Jewish law, he did basically extend the prohibition of service on Shabbos to include Zman RT!

      • Lawyer and correct and forthright don’t necessarily go together, as honest people know.

        The point of the first commenter was that the headline of this story here, “New York State Supreme Court Rules that the Kedusha of Shabbos Remains Intact Through Rabbeinu Tam’s Z’man”, was not correct.

        And he was right. The secular court of NYS does not rule on kedusha of כלל ישראל. It ruled on a secular matter regarding service in a case where someone claimed to follow a later zman. However, if the defendant was a Lubavitcher who observes an earlier zman, the ruling presumably would not have applied.

        Some lawyer is trying to get free publicity so is sending out some writings with an advertisement for his business on the bottom. There was another one of them that appeared here not long ago as well. If he wants to be more credible, he could stop trying to get free advertising with questionable methodology.

  2. There are still normal judges around in the corrupt judicial system. Wow! Maybe he should be contacted regarded R’ Sholom Rubashkin n”y.

    • Your comment is misguided. Hashem is the one that protects the Shabbos, not the Judge. Don’t think for a second that this same judge will be favorable to R’ Rubashkin’s plight; he could be, but only if this is the Ratzon Hashem.

    • those who wait 90 minutes, unadjusted are a miut sheaino matsui. those followers of the Rav ztl wait 90 minutes adjusted, from 100 to 150 minutes depending on the time of the year.

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