Document Signed by the Rabbi from Radashkovichy, R. Shaul Binyamin HaKohen, Founder of the Etz Chaim Talmud Torah – ...

Document Signed by the Rabbi from Radashkovichy, R. Shaul Binyamin HaKohen, Founder of the Etz Chaim Talmud Torah – Regarding the Courtyard-Neighborhood Dispute – Jerusalem, 1865
Historic document, arbitration agreement signed by R. "Shaul Binyamin HaKohen", R. "Yehuda Leib Yaavetz", R. "Yitzchak Yaakov Sofer Chaslovitzer" and R. "Aryeh Leib HaKohen". Jerusalem, Tamuz 1865.
Arbitration agreement regarding the famous courtyard-neighborhood dispute, which erupted in Jerusalem against the rabbi from Radashkovichy, R. Shaul Binyamin HaKohen, in the 1860s. The signees undertake therein to bring the dispute before R. Meir Auerbach Rabbi of Kalish (Kalush) - the Imrei Bina, R. Shmuel Salant and R. Moshe Nechemia Kahanov, and to bow to their ruling, adhering to whatever they are instructed to do. At the foot of the letter, the witnesses: R. "Yosef son of Yaakov Segal" and R. "Chanoch son of Zev" are signed on the litigants' signatures.
R. Shaul Binyamin HaKohen Karelitz of Radashkovichy, founder of the "Etz Chaim Talmud Torah and Yeshiva" in Jerusalem was a disciple of R. Yitzchak of Volozhin. He served as a young posek in Radashkovichy, and immigrated to Jerusalem ca. 1857, where he established a central Talmud Torah (boys' school) in the city. This was a consequential innovation, since until then, melamdim would teach children in a room of their house, without centralized supervision. R. Shimon Zarchi Rabbi of Tavrig (Tauragė) (1788-1860) was a co-founder of the Etz Chaim yeshiva. R. Shmuel Binyamin greatly endeavored to the financially establish the Etz Chaim yeshiva, and even acquired a courtyard as an asset to benefit the Talmud Torah. In 1863, a fierce dispute arose against him, when he registered the courtyard under his own name (as was customary in those days, due to the Ottoman law which did not allow land to be registered under the ownership of new public institutions), yet refused to give the rabbis of the city an offset document, confirming that the courtyard was not his private property. The press in those days (HaMaggid and others) published many articles for and against R. Shaul Binyamin. Some even slandered him for scheming to introduce foreign studies in the Talmud Torah curriculum. The rabbis of Jerusalem publicized their views in the booklet Emet U'Mishpat (Jerusalem, 1863) and the rival party published a booklet surrounding the same affair named Dimat HaAshukim (Jerusalem, 1864), "regarding the booklet printed without Emet U'Mishpat (truth and justice)…". This dispute evolved to a demand for rabbinic supervision of the money raised for the Etz Chaim yeshiva and of the debts from the purchase of this courtyard. Essential details pertaining to these negotiations are exposed in this important document. R. Shaul Binyamin later travelled to the United States in 1871 as emissary of the Etz Chaim yeshiva together with R. Aryeh Leib HaKohen, at the behest of the Imrei Bina and R. Shmuel Salant, and with time, he succeeded in repaying all the debts mentioned in this document, which he undertook for the purchase of this courtyard.
Regarding this dispute see: R. Refael Katzenellenbogen, Be'er Ro'I – Toldot HaChinuch HaMekori B'Meshech HaDorot (Jerusalem, 1997, chapter 38, pp. 235-242); Yaari, Shluchei Eretz Israel, pp. 828-829; P. Grayevsky, Zichron L'Chovevim HaRishonim, 13, "HaChatzer M'Radishkovitz", pp. 115-116.
[1] leaf, 29 cm. Good condition. Folding marks and light wear.