Jewish Law
Case Summaries
    -- Mechitza

1. Solomon v. Cong. Bnai Jeshurun
   
   49 How.Prac. 263 (NY Com.Pl. 1875)
   • Property of synagogues was not acquired subject to any particular mode of worship.
   • Pew-owner's rights are subject to other rules and regulations that religious society's directors may impose.

2. Fisher v. Cong. Bnai Yitzchak
   
   177 Pa.Super 359, 110 A.2d 881 (1955)
   • Rabbi cannot bind congregation by his declarations (not principal and agent).
   • Where Rabbi and congregation contracted on common understanding that congregation was Orthodox, congregation's introduction of mixed seating was breach of contract.

3. Davis v. Scher
   
   356 Mich 291, 97 NW2d 137 (1959)
   • Adoption of mixed seating in Orthodox synagogue involves property rights of members and is not a doctrinal matter.
   • Members of congregation belonging to particular religious faith cannot by majority vote to adopt change of religious practice which would deprive minority of use of church.

4. Katz v. Singerman
   
   120 So.2d 670 (La. 1960)
   • Board had "definite trust to keep faith" and therefore even slightest minority of members have standing in court to prevent diversion of property to use not contemplated.

5. Katz v. Singerman
   
   127 So.2d 515 (La. 1961)
   • An independent congregation has no higher authority than its board of directors and bylaws.
   • Word "Orthodox" has no fixed definition in context of Judaism.

6. Fisher v. Cong. Bnei Yitzchok
   
   177 Pa. Super. 359, 110 A. 2d 881
   • Breach of cantor's contract for High Holiday services; cantor had been misled to believe there was no mixed seating.

7. Davis v. Scher
   
   356 Mich. 291, 97 N.W. 2d 137 (1959)
   • Majority cvannot vote to change the religious practice of the synagogue which is a property right of the minority.

8. Katz v. Singerman
   
   241 La. 103, 127 So. 2d 515 (S.Ct La. 1961), reversing 120 So. 2d 670 (1960), 238 La. 915, 117 So. 2d 56 (1960)
   • Court refuses to intrude on religious issue.

9. Solomon v. Cong. Tifereth Israel of Revere
   
   344 Mass. 755, 183 N.E. 2d 492 (Supreme Judicial Court of Mass. 1962)
   • Attempt to stop mixed seating by claiming it was a property right, rejected by court

10. Park Slope Jewish Center v. Stern
    
    ? NYS2d 958 (1985)
    • Consolidation of several synagogues invalidates old bylaws and permits changes in manner of service.