Draft:Agudas Chasidei Chabad v. Gourary

Agudas Chasidei Chabad v. Gourary was a legal case adjudicated in the United States District Court for the Eastern District of New York in the mid-1980s. The dispute centered on the ownership of a vast collection of Jewish books and manuscripts, known as the Chabad Library, amassed by Rabbi Yosef Yitzchak Schneersohn, the sixth Rebbe of Chabad-Lubavitch.

Background

The origins of the Chabad Library trace back to Rabbi Yosef Yitzchak Schneersohn, the sixth Lubavitcher Rebbe, who amassed an extensive collection of Jewish texts during his leadership. In the early 20th century, parts of the collection were seized by Bolshevik authorities during the upheaval of the Russian Revolution. Later, during World War II, the library was confiscated by the Nazis and eventually taken by the Soviet Red Army in 1945. Rabbi Yosef Yitzchak Schneersohn fled Europe during the war and rebuilt his court in the United States, establishing the headquarters of the Chabad-Lubavitch movement in Brooklyn, New York.

In 1985, Barry S. Gourary, Rabbi Schneersohn's grandson, removed over 400 rare books from the library and sold some to collectors. Gourary claimed that these books were part of his inheritance as a direct descendant of Rabbi Schneersohn. In response, Agudas Chasidei Chabad, the umbrella organization of the Chabad movement, filed a lawsuit seeking the return of the books, arguing that the library had been established as a charitable trust for the community's benefit.

Trial

The trial for Agudas Chasidei Chabad of the United States v. Gourary was held in the United States District Court for the Eastern District of New York, presided over by Judge Charles P. Sifton. It began in December 1985 and lasted three weeks. The proceedings were pivotal in determining whether the Chabad Library was the personal property of Rabbi Yosef Yitzchak Schneersohn or a communal asset held in trust by the Chabad-Lubavitch movement.

Agudas Chasidei Chabad, the plaintiff in the case, argued that Rabbi Yosef Yitzchak Schneersohn had intended the library to serve as a communal resource for the Chabad-Lubavitch movement. The organization contended that Rabbi Schneersohn’s statements and practices during his lifetime demonstrated that the collection was not personal property but rather a part of the collective heritage of Chabad.

The plaintiff presented oral testimony, historical documents, and letters from Rabbi Schneersohn. They emphasized that the library had remained in the physical possession of the Chabad headquarters following the Rebbe’s passing in 1950 and had been used for community purposes, such as research and education.

Claims by Barry S. Gourary

Barry S. Gourary, the grandson of Rabbi Yosef Yitzchak Schneersohn, claimed that the books were part of the estate inherited by Rabbi Schneersohn’s descendants. He argued that the lack of formal documentation explicitly designating the library as communal property supported his claim. Gourary also highlighted the absence of a written declaration establishing the library as a charitable trust.