Battle for Ponevezh: The court rejected the request to cancel the arbitration - and ordered the evacuation of the 'terrorist' faction by Chol Hamoed Sukkot

August 16, 2026   

Is the struggle for the Ponevezh yeshiva coming to an end? Judge Yehudit Shevah of the Tel Aviv District Court refused to intervene in the arbitration that ruled in favor of the "haters" faction of the Gra Kahneman.

The meaning: Students from the "terrorist" faction of Rabbi Markowitz must leave Givat HaYeshiva by the end of September.

In addition, Rabbi Markowitz was ordered to pay 75,000 in legal costs.

""The request to annul the arbitration award issued by the Honorable Retired Judge, David Cheshin on November 18, 2025 is denied and is hereby approved.".

""In the arbitration award, the applicants were ordered to vacate the lands of the Ponevezh Yeshiva Hill in Bnei Brak by July 30, 2026. Since the above date has passed and we are at the beginning of the High Holy Days, I am postponing the evacuation date to September 30, 2026 (19th of Tishrei), hoping that it will be carried out without further aggravation.".

""The annulment applicants will pay the respondents the costs of the proceedings and attorney fees in a total amount of 75,000 NIS.""

The "terrorist" faction has already announced that it will appeal to the Supreme Court.

The ruling of ignorance, which spans more than 160 pages, was a severe blow to the "terrorist" faction and to the yeshiva's head, Grach Markowitz, who will be forced to pay millions to his brother-in-law, Gra Kahneman, leave the yeshiva's headquarters - and will no longer be able to use the title "Penibez Yeshiva's Head.".

In his decision, the arbitrator extensively reviewed the history of the conflict, the mutual claims, the rulings of previous courts, as well as the conduct of both parties over the years - and based on all the data and testimonies heard, he determined that control of Ponibase belongs to Rabbi Kahneman, and that Rabbi Markowitz has no legal or moral rights to continue to hold the yeshiva buildings.

The conflict in Ponivez has been going on since the early 1990s, between the two brothers-in-law - the president of the yeshiva, Rabbi Eliezer Kahaneman, from the 'haters' faction, and Rabbi Shmuel Markowitz, from the 'terrorists' faction.

Due to the dispute, the two factions in Ponivez have been operating for about 20 years as two separate yeshivahs on the Yeshiva Hill in central Bnei Brak, with the students of the 'terrorists' faction studying mainly in the original Beit Midrash with the golden Ark, and the students of the 'haters' in the 'Ohel Kedoshim' hall located at the foot of the hill.

About five years ago, the parties finally signed the appointment of retired judge David Cheshin as arbitrator.

In the ruling, Judge Cheshin ruled that the "terrorist" faction must vacate the Ponevezh Yeshiva Hill by the month of Av 5775. The evacuation includes the yeshiva hall, bedrooms, public areas, kitchen and library.

In addition, the terrorists will not be able to use the name "Ponevezh Yeshiva", and the Grand Vizier Markowitz will no longer be able to use the title "Rosh Yeshiva Ponevezh".

It was also determined that the parties must avoid provoking provocations or conflicts during implementation.

These are the main points of the arbitration decision:

Evacuation and hand removal (the main decision):

• Mandatory evacuation: Rabbi Shmuel Markowitz, the "Masoret HaTorah" association that he heads, and everyone on their behalf - students and staff - must evacuate all real estate in Givat HaYeshiva (boarding schools, seminaries, etc.).

Rabbi Shmuel Markowitz. Photo: Yaakov Nahumi, Flash90

• Evacuation date: In order not to harm students in the middle of the school year, the arbitrator set the evacuation date for July 30, 2026 - the 16th of Av, at the end of the 2016 school year, to allow for organization.

Reason for the decision: The arbitrator determined that Rabbi Shmuel Markowitz violated the '2000 Award - the original arbitration award, and effectively established a competing yeshiva on campus. As a result, his appointment as 'Rosh Yeshiva' at the Ponivez Yeshiva expired and the rights previously granted to him to own assets expired.

Use of the name "Ponybase" (intellectual property):

• An injunction was issued prohibiting Rabbi Markowitz and his institutions from using the name "Ponevezh Yeshiva" or the yeshiva logo.
• Rabbi Markowitz was forbidden to continue presenting himself with the title "Rosh Yeshiva of Ponevezh".
• It was determined that the name "Ponybase" is a well-known trademark belonging to entities controlled by Rabbi Eliezer Kahneman.

Financial charges:

• The arbitrator ordered Rabbi Markowitz's side to pay Rabbi Kahneman's side a total sum of approximately 10,000,000 NIS (plus VAT).
• The amount consists of NIS 7.5 million for the company and NIS 2.5 million for the association.

Rabbi Eliezer Kahneman. Photo: Bearish Filmer

• The charge stems from "use fees" for the assets over the years and participation in maintenance expenses. The amount was significantly reduced (from a claim of approximately NIS 45 million) by virtue of the "close-to-law settlement" authority.

Counterclaims by Rabbi Markowitz for funding his institutions were rejected.

Ownership and shares:

• Rabbi Markowitz's claim to be recognized as an equal shareholder in the Ponivez company was rejected, due to the statute of limitations and its merits. It was determined that Rabbi Kahneman is the controlling shareholder in Ponivez.
• It was determined that "Yeshiva Ponivez" is not an abstract legal entity separate from the company and the association, and therefore Rabbi Markowitz's claim that he represents the "real yeshiva" is meaningless.

Additional claims that were rejected:

• Rabbi Kahneman's trust claim: A claim to recover historical funds from Rabbi Markowitz was dismissed due to statute of limitations and lack of proof.
• Rebbetzin Tzipora Markowitz's claim: Rabbi Markowitz's wife's claim to restore her powers in the yeshiva kitchen/management - was denied.

Arbitrator David Cheshin ruled that the attempt at cohabitation ("they will share") imposed in the 2000 arbitration award failed miserably and led to violence and blasphemy. Therefore, the conclusion is complete separation.

Rabbi Markowitz after the announcement of the ruling. "Everyone's mood is down, but this is the experience we have now""

Judge Cheshin also appointed a supervisory mechanism to implement the ruling, and ordered mutual strictness in maintaining respect, preventing defamation, and avoiding media incitement.

The ruling was signed with the statement that it is hoped that the parties will fully respect the decision and that they will internalize the magnitude of the public and educational responsibility imposed on them.