Ponovezh Arbitrator Rules: Rabbi Markowitz’s Faction Must Leave Yeshiva, Pay 10M NIS Usage Fees

JERUSALEM (VINnews) — After decades of conflict in the Ponovezh Yeshivah, retired judge Dovid Cheshin, who was appointed as the arbitrator between the warring parties four years ago, published his final ruling on Wednesday, determining that the faction of Rabbi Shmuel Markowitz must vacate the yeshivah by the summer of 2026.

The conflict in Ponovezh has been raging since 2001 between the two brothers‑in‑law: the yeshiva’s Nasi, HaRav Eliezer Kahaneman, and the Rosh Yeshivah, HaRav Shmuel Markovitz (who married Rabbi Kahaneman’s sister). The two established separate factions, dubbed “Sonim” (enemies) and “Mechablim” (terrorists) during the course of the dispute, which at times became violent. The dispute, which erupted in full force after the death of Rabbi Shach and Rav Povarsky, cast a shadow over the entire Chareidi public, leading, among other things, to a final split between Degel HaTorah and Peleg Yerushalmi.

The two factions have been operating as two separate yeshivas in one complex for about 20 years. In recent years, Rabbi Gershon Edelstein, who headed the “Sonim” faction, ruled that they should leave the main Beis Midrash (with the golden Aron Kodesh) and move to the adjacent Ohel Kedoshim in order to prevent the dispute from flaring up.

Four years ago, both sides signed an agreement appointing judge Cheshin to issue an arbitration ruling. Cheshin, a scion of a well-known Breslov Yerushalmi family, sat with representatives of both sides for thousands of hours, but the final ruling was repeatedly delayed for various reasons.

Judge David Cheshin

Cheshin prefaced his ruling by stressing that “After a process that lasted four years, I must say with great regret that I have reached a firm conclusion: separation between the sides, including in both physical and organizational terms, will be for the benefit of all. Reconciliation, unfortunately, is not possible at this time. The current situation, in which both factions live together on the yeshiva campus — side by side, but in practice against one another — cannot continue. The dispute may, G-d forbid, bring destruction and ruin upon the yeshiva.”

In the ruling, which spans over 160 pages and was sent by email to both sides, Cheshin wrote that the “Mechablim” must vacate the yeshivah by the month of Av 5786, must pay millions of shekels to the yeshivah and will no longer be able to use the name Ponovezh.

Cheshin wrote that he accepted HaRav Kahaneman’s claim for payment of appropriate usage fees for the land in the total sum of 42.8 million shekels (the final payment was significantly lowered) and a claim for payment of 3,307,402 shekels for expenses incurred by the Ponovezh association for maintenance of shared buildings used by both sides.

Cheshin added: “Likewise, I accepted in part the Kinyan Ruchani (intellectual property) of HaRav Kahaneman, and I found it appropriate to issue an injunction prohibiting HaRav Markowitz from using the name ‘Ponovezh Yeshiva’ to describe the learning framework under his leadership, from using the yeshiva’s logo, and from presenting himself as ‘the Rosh Yeshivah of Ponovezh Yeshiva.’”

Regarding the evacuation timetable, Cheshin wrote that although it has been determined that the “Mechablim” are illegally making use of many buildings and rooms on the yeshivah complex, he “cannot ignore the fact that this arbitration ruling is being issued when the 5786 academic year is in full swing. The learning framework under HaRav Markowitz includes hundreds of students and avreichim. Finding suitable arrangements for such a large number of students is no simple matter, especially in the middle of a year.”

Cheshin concluded that without diminishing the responsibility for the illegal use of the property, in order not to harm the talmidim and prevent bittul Torah, “I found it appropriate to order that the evacuation date be after the end of the current academic year, on the 16th of Av 5786.”

The following are the main points of the arbitration decision:

Eviction and removal (the central ruling):

• Eviction obligation: Rav Shmuel Markowitz, the “Masores HaTorah” association that he heads, and anyone on their behalf, including students and staff, must vacate all the properties on the yeshiva hill (dormitories, study halls, and the like).

• Eviction date: In order not to harm the students in the middle of the school year, the arbitrator set the eviction date for 30.7.2026 – the 16th of Av – at the end of the 5786 school year, to allow preparation.

The reason for the decision: the arbitrator determined that Rav Shmuel Markowitz violated the “2000 Ruling”, the original arbitration decision, and essentially established a competing yeshiva within the campus. Because of this, his appointment as “Rosh Yeshiva” in Ponovezh expired, and the rights previously granted to him to hold property were nullified.

Use of the name “Ponovezh” (intellectual property):

• An injunction was issued forbidding Rav Markowitz and his institutions from using the name “Ponovezh Yeshiva” or the yeshiva’s logo.

• Rav Markowitz is forbidden from continuing to present himself with the title “Rosh Yeshivas Ponovezh.”

• It was determined that the name “Ponovezh” is a well-known trademark belonging to the bodies controlled by Rav Eliezer Kahaneman.

Financial obligations:

• The arbitrator obligated Rav Markowitz’s side to pay Rav Kahaneman’s side a total sum of about 10,000,000 shekels (plus VAT).

• The sum is composed of 7.5 million shekels to the company and 2.5 million shekels to the association.

• The obligation derives from “usage fees” for properties over the years and participation in maintenance expenses. The sum was significantly reduced (from a claim of over 40 million shekels) after a compromise was reached.

Rabbi Eliezer Kahaneman and his followers at the yeshiva celebrated on Wednesday following the arbitrator’s ruling, whileRabbi Shmuel Markovitz and his faction id not hide their disappointment with the decision.

Rabbi Markovitz spoke in the yeshiva, stating:

“Thank God. We raised hundreds of students; you are growing here, this is the nature of the world, this is the reality that exists. We will know how to continue this, certainly. How and in what way? We need to think. We are not dependent on any building, the inner spirit matters, not the external. Everyone’s morale is dropping, but this is the test we face now.”

He also instructed:

“Do not take any action against the other side; it will not be helpful.”