The full story of the arrest of the Rebbe Maharash’s son-in-law and brother-in-law of the Rebbe Rashab, R’ Moshe Horenstein, the victory in the court case and the Didan Natzach celebration. * Presented for Hei Teves, Didan Natzach
By Y Sofer
THE FIRE AND THE FALSE ACCUSATION
R’ Moshe Horenstein, son-in-law of the Rebbe Maharash and brother-in-law of the Rebbe Rashab, had a factory for sawing beams and boards near the train station in the town of Yelnya.
At the beginning of Cheshvan 5662/1901, a fire broke out at his factory, and the factory and his storehouse of boards went up in flames. His factory was not insured and so the loss fell entirely upon him. But that wasn’t the full extent of his woes. Near his factory and storehouses were also the storehouses of one of the noblemen in the district who was a fervent anti-Semite. He was a close friend of the great anti-Semite and Russian lawyer Shmakov who was known for his hatred for Jews.
Although no harm was done to the nobleman’s storehouses by the fire, he and his friend the lawyer libeled R’ Horenstein and said that he purposely set his storehouses on fire so that the nobleman’s storehouses would also burn down. And this was despite the fact that R’ Horenstein’s storehouses were uninsured and there was no reason to suspect that he would set the fire himself which caused him so much damage. Logic does not sway those who hate.
THE DOUBLE LIBEL
Together with this libel they added another libel about Jews who lived outside the Pale of Settlement. At that time in Russia there was a law which forbade Jews from living in big cities. Only those who received special permission were allowed to live in these cities. At that time, dozens of Jews were caught who had procured illegal documentation and were put in jail.
The hateful Shmakov used this to construct a libelous accusation against R’ Horenstein in particular, saying that “from the incident with Horenstein we see the danger we are placed in by Jews who live outside the Pale of Settlement.” By order of the Smolensk prosecutor (Shmakov’s friend), R’ Horenstein was taken to prison and all the offers of bond to bail him out were rejected.
“THE WONDERS OF DIVINE PROVIDENCE”
When the Rebbe Rashab heard about this (that they included the calumny about the Jews who lived outside the Pale along with the libel about burning down his factory) he commented, “This is an allusion to the wonders of Divine Providence.” This would show that they only sought pretexts against the Jews and this proved that the accusation against those who were arrested for living outside the Pale was also only a result of hatred.
THE REBBE RASHAB’S EFFORTS
When the Rebbe Rashab found out about the arrest of his brother-in-law and of the Jews who lived outside the Pale, he immediately got involved. Besides sending his son, later to be the Rebbe Rayatz, in the middle of Cheshvan 5662 to work on it, he himself went at the beginning of Kislev to Moscow where he stayed for over two weeks. After much effort which was crowned with success, all the Jews who were outside the Pale of Settlement were released.
While he was in Moscow, on 16 Kislev, the Rebbe Rashab wrote the special Yud-Tes Kislev letter (see Beis Moshiach issue 952). But his brother-in-law was still in jail because the interrogator in the town of Yelnya made things difficult and dragged out the investigation in order to make him suffer.
For this reason, the Rebbe Rashab went to Petersburg where he also stayed for more than two weeks and he returned to Lubavitch on 7 Teves.
SUPERNAL KINDNESS
Throughout this time, the family tried not to let Rebbetzin Rivka (the Rebbe Maharash’s wife) know that her son-in-law was in prison. In one of his letters, the Rebbe Rashab referred to his mother not knowing as a supernal kindness.
THE REBBE RASHAB’S ANGUISH
Despite the Rebbe Rashab’s intervention, the interrogation in Yelnya dragged on and throughout this time, R’ Horenstein was in jail. This greatly distressed the Rebbe Rashab to the point that even upon his return from Petersburg he did not receive people for yechidus for two weeks, and for four to five Shabbasos he did not say Maamarei Chassidus.
As for his anguish, the Rebbe Rashab himself wrote:
Regarding my brother-in-law, as of now there is nothing new. The anguish is inestimable and it is extremely perturbing (and for this reason I have not written to you in a while since we are very preoccupied with this and it perturbs the mind and the heart).
The interrogator (in the town of Yelnya) is now on vacation and another interrogator replaced him. We hope that this interrogator will not be as obsessed in this matter.
We hope to G-d that He will help us in the merit of the holy Rebbeim and he will be released soon.
In another letter he wrote:
After the Yomim Tovim I have been surrounded by many and powerful distractions with much distress which do not allow me spiritual or physical rest because of the sordid affair that my brother-in-law is in. For this I had to spend over a month in Moscow and Petersburg and as of now, there is no news. May Hashem have mercy on us and soon take us from constraints to expansiveness in the merit of our holy ancestors.
THE INVOLVEMENT AND DISTRESS OF REBBETZIN CHAYA MUSHKA
Rebbetzin Chaya Mushka, the wife of R’ Horenstein and daughter of the Rebbe Maharash, was the driving force in the efforts to get her husband out of jail. In one of his letters, the Rebbe Rashab described her energetic efforts and the anguish and suffering she and her husband endured:
What can I tell you? Our pain and anguish is beyond description and we never even envisaged such suffering. It is four months now that (my brother-in-law, R’ Moshe Horenstein) is sitting in jail and suffering from the cold until my sister (Rebbetzin Chaya Mushka, R’ Horenstein’s wife) worked to get his room heated… It is three weeks now that he has had no liquids. He does not drink tea from their urn and milk was sent to him without any seal and he did not drink it and he is generally very weak and cannot eat and drink.
Throughout this time, my sister does not rest and is always traveling; she is the activist in this entire matter, going and pleading before all the big and small ministers and they speak as they please which is very hard to listen to, especially for a refined soul like her.
And the Rebbe Rashab ended with a prayer:
Please Hashem, have mercy on us in the merit of our holy ancestors, Your faithful servants who went before You and were Moser Nefesh for the holiness of Your name. Please remember their merit for their descendants who follow them, to save them from the mouths of lions. May You hear the sound of crying and store our tears and save us from the wicked and redeem my brother-in-law with a complete redemption soon.
STALL TACTICS
The investigation continued to drag on until the middle of Adar I when it was finally over, but even then, they still did not free R’ Horenstein. The Rebbe Rashab tells about this in one of his letters:
We hope that in these days the investigator will complete his investigation, but what will be after that we do not know. The interrogator says they will still not release him, but we hope to Hashem that he can be taken out on bail. May Hashem have mercy and help so we can do this.
My mechutan (R’ Zalman Horenstein, father of R’ Moshe) was in Smolensk last week and he is involved in this. We are considering giving over this matter to the lawyer Plevako in Moscow.
In another letter, the Rebbe Rashab describes the lengthiness of the investigation:
Regarding my brother-in-law, as of now the investigation is not finished even though the head prosecutor from Moscow wrote five letters to the prosecutor in Smolensk that they should hurry and finish it. The prosecutor in Smolensk ordered the interrogator to do so but the order was given weakly in such a way that he can do as he pleases. This is because of the wickedness of the prosecutor (of Smolensk) who wants to drag this out for evil intentions: 1) in the meantime he sits in jail, and 2) he does not want the trial to take place in March because in Yelnya the regional court sits in session only twice a year, in March and September.
Apparently, the head prosecutor of the Supreme Court is on our side, but the prosecutor in Smolensk is incensed and doing much evil. May Hashem break his pride and lower him to the dust.
We hope that still and all the investigation will end soon, G-d willing, but what will be afterward? The prosecutor in Smolensk says they will not set him free until they receive an explicit order from the chief prosecutor of the Supreme Court in Moscow, and who knows whether he will agree to it.
General Azmidov, who knows our family well from here, says he will have him released on his personal bond and he promised to do all he can for our benefit. And the court clerk is working on our behalf, but in the meantime he has not had an effect on the prosecutor and Hashem knows what will be with this.
THE CONCLUSION OF THE INVESTIGATION
The investigation finally ended in the middle of Adar I, but R’ Horenstein was still not released (until the middle of Adar II). The Rebbe tells about this:
Regarding my brother-in-law, the investigation ended but he refuses to release any copies which are needed in order to refute them with Hashem’s help. My brother-in-law also demanded from the interrogator that he call upon some of his witnesses to testify face to face, but he doesn’t want this.
R’ Zalman (his father) is in Yelnya now with the lawyer and they are working to get a copy of the investigation. When they get it, they will go to Moscow to try to see that no formal charges are filed. May Hashem help us in the merit of our holy ancestors that this case be absolutely nullified soon, amen, may it be His will.
THE RELEASE FROM JAIL
On Motzaei Shabbos 21 Adar II, the Rebbe announced the imminent release of his brother-in-law:
I thank Hashem for the release of my brother-in-law, whose case was brought up in court last Wednesday and they decided to let him out on bail for 1000 rubles. The money was given to the court on Thursday, but the court in Smolensk does not believe and does not rely on the telegram and they were involved with this yesterday in Smolensk, and I do not know whether the court house (in Smolensk) sent a telegram to asking for confirmation of the telegram or they are waiting for the arrival of papers.
From the entire case and all the testimony there is no shred of an accusation against my brother-in-law. Only one witness testified negatively but that is not such a significant thing. We do not know details about how it was in Moscow at the court house. In any case, the trial will be in September. May Hashem redeem him with a complete redemption in the merit of our holy ancestors.
On 23 Adar II the Rebbe Rashab announced that R’ Horenstein was already freed:
My brother-in-law, thank G-d, was freed on bail of 1000 silver rubles. The amount of bail shows that it is not a major issue and truthfully, in the investigation there is nothing that shows any guilt on his part and it is only wickedness which caused them not to dismiss this entirely. Thank G-d they released him, and tomorrow he will be coming here (to Lubavitch), G-d willing.
From these letters it appears that R’ Horenstein was released between 21 and 23 Adar II.
DIDAN NATZACH
As mentioned above, the trial was postponed until September which fell in Tishrei 5663, at which time the regional court held session in Yelnya.
The results of the trial were not known to us until recent years when Beis Moshiach (issue 342) published the sicha of the Rebbe Rashab, delivered at the celebration of the geula of R’ Moshe Horenstein in which it describes how they celebrated the Didan Natzach on Motzaei Shabbos Parshas Noach, the second day of Rosh Chodesh Cheshvan 5663.
The celebration took place on Motzaei Shabbos in the home of the Rebbe Rashab where, at that same time, there was a gathering in honor of the Talmud Torah of the town of Lubavitch. But due to the great joy a small meal was held for over fifty people. The T’mimim were not allowed to participate; only five talmidim who could sing were allowed to join, in order to sing Chassidic niggunim. They sang exceptionally uplifting niggunim and everyone enjoyed it very much and expressed their approval; especially one Chassid, R’ Shmuel Michel Treinin of Petersburg, who was so moved by the whole scene that he was completely overcome.
During the celebration, there was plenty of drinking and they all danced and sang. The Rebbe Rayatz relates:
I danced a lot more than my strength allowed and from the sheer volume of drink, the mixing of drinks and especially all the dancing, the combination of all of the above caused me to regurgitate quite a bit and I immediately felt better. And it was Divine Providence and a timely thing, because a short while later my father began to speak and I was able to listen attentively to his holy words even though my head was spinning and I did not know what was going on around me. I still managed to hold myself together to listen with my mind.
THE REBBE RASHAB BUYS A DANCE
At first the Rebbe Rashab said: L’chaim, to life, essential life in the way in which life truly expresses essence as is understood and will be understood, G-d willing. This is what I wish for myself and I hope that it will surely be this, without any doubt.
Then the Rebbe Rashab said that he wanted to purchase a dance and the money for the dance would go toward Kupas Bachurim (which was founded in 5662) and the Rebbe gave ten silver rubles and danced with his brother-in-law, R’ Moshe Horenstein, the baal simcha.
Then the Chassid R’ Shmuel Michel Treinin bought a dance and asked the Rebbe how much he should give for it. The Rebbe told him: This is the rule – it never went lower than ten (according to what Chazal say in the tractate Sukka that the Sh’china never went lower than ten t’fachim). So he gave ten silver rubles for the dance. The Chassid R’ Menachem Mendel Gurary and the Rebbe Rayatz also purchased a dance, each paying ten silver rubles.
I KNOW WHOM I’M DEALING WITH
Then the Rebbe Rashab asked his son: Why don’t you take anything (to say l’chaim)?
The Rebbe Rayatz (who had already drunk a lot) replied: Because I’m not given any.
The Rebbe Rashab poured mashke for his son, but some of the people there told him that his son had already vomited a lot. The Rebbe said to them: I know whom I’m dealing with.
The Rebbe Rashab said to his brother-in-law, R’ Horenstein: There are dolts who think that he (the Rebbe Rayatz) is drunk and drunk even when he is sober. Nu, is he drunk? Show them! They don’t want to understand, just to say, and to say what ought not to be said. Continue singing, continue singing.
YOU WILL DO WITHOUT T’SHUVA!
Then the Rebbe Rashab began saying deep sichos. Some of the sichos were transcribed by the Rebbe Rayatz at the end of which he wrote “to be continued,” but apparently he did not continue transcribing the sichos.
In the middle of one of the sichos, one of the people burped and yawned. The Rebbe spoke to him very sharply:
Tell him that you are already not shayach to anything true, just sweet things, you will die without doing t’shuva! I would say you should wish to die before Moshiach comes, then at least you can rise at the Resurrection of the Dead!
LISTEN, YIDDEN!
In the middle of talking, the Rebbe stopped and said: Listen Yidden to what is being said to you. You know good and well that I do not always speak and I do not always tell stories. In general, I am not a big talker. I can sit at a gathering for a long time and not speak. But now is an auspicious time and therefore I ask you to listen for your own good and to absorb things internally. These are very pertinent matters!
He concluded:
Tomchei T’mimim, come here and listen to what is pertinent for you to listen to. Within your limitations you need to feel the infinite, just watch over the finite and then automatically the infinite will truly shine forth within you, and you should absorb everything that is possible to absorb from the infinite of what Chassidus is able to affect and that it should truly accomplish this within you!
When the Rebbe finished this sicha, all the T’mimim and Chassidim shouted: Amen, Amen!