United Kosher Butchers Ass'n v. Associated Synagogues of Greater Boston, Inc.

211 N.E.2d 332, 349 Mass. 595, 1965 Mass. LEXIS 771
CourtMassachusetts Supreme Judicial Court
DecidedOctober 29, 1965
StatusPublished
Cited by14 cases

This text of 211 N.E.2d 332 (United Kosher Butchers Ass'n v. Associated Synagogues of Greater Boston, Inc.) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United Kosher Butchers Ass'n v. Associated Synagogues of Greater Boston, Inc., 211 N.E.2d 332, 349 Mass. 595, 1965 Mass. LEXIS 771 (Mass. 1965).

Opinion

Spalding, J.

Following the entry of an interlocutory decree sustaining the defendants’ demurrer to the plaintiff’s bill, the judge reported the matter to this court. G. L. c. 214, § 30.

The pertinent averments of the bill are these. The plaintiff, United Kosher Butchers Association (United), is a Massachusetts corporation, whose “members” consist of most of the kosher retail meat stores in Greater Boston. Since 1930 United has been actively engaged in the certification and supervision, under rabbinical auspices and direction, of its member stores with respect to kosher meats and poultry. The member stores hold themselves out to the public as handling these items. For the past seven years United’s activities have been conducted under the direction of Rabbi Mordecai Savitsky. Through his efforts and in accordance with his interpretations United has enforced strict compliance with the tenets of the orthodox Jewish faith. By reason of the high standing in the community of both United and Rabbi Savitsky the consumer public desiring to purchase kosher meats and poultry has accepted United’s certification “in complete faith and assurance that all the Kashruth requirements have been thoroughly observed. ’ ’ All of the member stores by virtue of their membership are “under contract . . . with . . . [United] to *597 comply with all the requirements and standards of . . . [United’s] Rabbinical Advisor.’’

The defendant, Associated Synagogues of Greater Boston, Inc. (Associated), is a Massachusetts corporation which maintains a committee known as the “Kashruth Commission.” With the aid of the “Yaad Harabonim of Greater Boston” (a group of orthodox Jewish rabbis), the “Kash-ruth Commission” certifies caterers in Greater Boston as authentic purveyors of kosher foods. For “many years” United’s certification of kosher food and meats had been accepted by Associated in approving caterers. However, since August 15,1960, Associated has refused to accept the “Rabbinical certification” of Rabbi Savitsky and has required that kosher caterers “purchase meat from kosher retail meat stores supervised by the Yaad Harabonim.” United’s member stores have been notified that their meat and poultry orders to kosher caterers will not be acceptable unless their preparation has been supervised by Associated’s rabbinical inspectors. As a result of this notification numerous orders from kosher caterers to United’s member stores were cancelled. The plaintiff charges that by virtue of these activities the defendants are “guilty of a Restraint of Trade, elimination of a free market and the hindering and denying of free competition.”

The bill further recites that throughout this same period the several defendants have solicited various member stores to end their relationship with United and to accept the rabbinical supervision of the “Yaad Harabonim.” The defendants were notified in August, 1960, that this line of conduct had already resulted in several breaches of existing agreements between the plaintiff association and its members. At no time during this controversy, however, have the defendants complained to the plaintiff’s rabbinical ad-visor of any known or suspected irregularities or departures from strict Kashruth requirements in the performance of his duties. These actions, it is charged, illegally interfere with United’s contractual relations.

The plaintiff seeks to have the defendants enjoined from *598 engaging in the activities complained of in the bill; and there is also a prayer for damages.

The sole basis of the demurrer is that the bill pertains to matters which are exclusively ecclesiastical under the orthodox Jewish religion and hence are not proper subjects for judicial inquiry.

It is settled by our decisions that courts will not interfere in a controversy which is exclusively or primarily of an ecclesiastical nature. Fitzgerald v. Robinson, 112 Mass. 371, 379-380. Grosvenor v. United Soc. of Believers, 118 Mass. 78, 91. Canadian Religious Assn. v. Parmenter, 180 Mass. 415, 421. Carter v. Papineau, 222 Mass. 464, 467. Krauthoff v. Attorney Gen. 240 Mass. 88, 92. Moustakis v. Hellenic Orthodox Soc. of Salem & Peabody, 261 Mass. 462,466. Cohen v. Silver, 277 Mass. 230, 235. Solomon v. Congregation Tiffereth Israel of Revere, 344 Mass. 755. Conceding the ecclesiastical nature of the present controversy, the plaintiff nevertheless argues that its property rights are so affected that the case at bar does not come within the rule stated above. In religious controversies where civil or property rights have been abridged, or where the construction of legal instruments has been involved, our courts have been less reluctant to interfere. See Gray v. Christian Soc. 137 Mass. 329 (deprivation of membership in a church without a hearing and without a vote of the society held invalid) ; Canadian Religious Assn. v. Parmenter, 180 Mass. 415 (holding that a majority of church members could not close the church against wishes of a minority where there was a trust of church property for benefit of all the members); Attorney Gen. v. Armstrong, 231 Mass. 196 (interpretation of deed of trust to a church); Eustace v. Dickey, 240 Mass. 55 (interpretation of trust instrument).

Phrasing the issue raised by the demurrer in terms of whether the controversy is “primarily” or “largely” a religious one can be misleading. The determination of a religious question by religious authorities may seriously affect the property or property rights of an individual. This was the case in Grosvenor v. United Soc. of Believers, 118 Mass. 78, where the court would not review the correct *599 ness of the decision. Conversely, the construction of a trust may determine a question such as whether a church must remain open for worship against the wishes of a majority of its members and against the orders of a bishop. In a case involving this question the court has intervened. Canadian Religious Assn. v. Parmenter, 180 Mass. 415. Thus judicial intervention is determined by the nature of the central issue to be resolved, and not by the incidental or consequential results of the decision.

In essence the plaintiff is asking that Associated and its allied groups be compelled to accept United’s guaranty that products prepared under its auspices are authentically kosher. This we decline to do. Aside from the constitutional freedoms involved, this court is not qualified to decide and therefore must refuse to consider an issue which is so exclusively one of religious practice and conscience. As was said by Rugg, C.J., in Moustakis v. Hellenic Orthodox Soc. of Salem & Peabody, 261 Mass. 462 at page 466, “Such a course by the courts would in the end deprive the denominations themselves of interpretations of their own body of church polity, and would establish the courts as the final arbiter in every religious controversy.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Reiner v. Paneth
E.D. New York, 2025
Bleich v. Maimonides School
849 N.E.2d 185 (Massachusetts Supreme Judicial Court, 2006)
Pielech v. Massasoit Greyhound, Inc.
423 Mass. 534 (Massachusetts Supreme Judicial Court, 1996)
Gagne v. O'Donoghue
5 Mass. L. Rptr. 501 (Massachusetts Superior Court, 1996)
Yerrick v. Kelley
4 Mass. L. Rptr. 599 (Massachusetts Superior Court, 1995)
Madsen v. Erwin
481 N.E.2d 1160 (Massachusetts Supreme Judicial Court, 1985)
Alberts v. Devine
479 N.E.2d 113 (Massachusetts Supreme Judicial Court, 1985)
Berman v. Shatnes Laboratory
43 A.D.2d 736 (Appellate Division of the Supreme Court of New York, 1973)
Bowl-Mor Company, Inc. v. Brunswick Corporation
297 A.2d 61 (Court of Chancery of Delaware, 1972)
Gorodetzer v. Kraft
277 N.E.2d 685 (Massachusetts Supreme Judicial Court, 1972)
Mitchell v. Albanian Orthodox Diocese in America, Inc.
244 N.E.2d 276 (Massachusetts Supreme Judicial Court, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
211 N.E.2d 332, 349 Mass. 595, 1965 Mass. LEXIS 771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-kosher-butchers-assn-v-associated-synagogues-of-greater-boston-mass-1965.