Sunday, October 13, 2013
Saturday, October 12, 2013
R Epstein and Wolmark original criminal complaint in get coercion case
This is the original criminal complaint filed against Rabbi Epstein and Wolmark and 2 others. It has since been modified by the addition of 6 others who were added to this complaint and who are also now in custody click link here
Mendel Epstein, Martin Wolmark, Ariel Potash, Jay Goldstein (a/k/a "Yaakov"), Moshe Goldstein, Binyamin Stimler, David Hellman, Simcha Bulmash, Avrohom Goldsstein, and Sholom Shuchat
"The Book of Woe" - A critical look at the DSM-5
Scientific American
This is a landmark book about a landmark book. Psychotherapist and author Greenberg first took on the Diagnostic and Statistical Manual (DSM) in a blistering article in Wired in 2010. The Book of Woe is the nearly 400-page update, whose release coincided with the May 2013 release of the DSM-5, the fifth edition of the bible of mental health, which first appeared in 1952.
Relying heavily on interviews with distinguished insiders in the
psychiatric establishment, Greenberg paints a picture so compelling and
bleak that it could easily send the vulnerable reader into therapy. The
basic message is this: everyone in the mental health profession knows full well that the DSM
is a work of fiction—that the hundreds of “disorders” described therein
are just labels for fuzzy, overlapping clusters of symptoms and that we
have never found a definitive biological marker for even one of those disorders. Mental health professionals pretend that the disorders are real, but they're not, period.[...]
Psychiatrists are in the business of pathologizing and throwing drugs at
everyday problems, and given the money at stake, perhaps nothing can
stop this trend.
Anti-bullying programs don't work well - and the focus on bullying might cause problems
Time Magazine A new study recently published in the Journal of Criminology
suggests that the anti-bullying programs that have become popular in
many schools may not be as useful as previously thought. The authors
examined 7000 kids at 195 different schools to try to determine child
and school influences on bullying. Surprisingly, the authors found that
children who attended schools with anti-bullying programs were more
likely to experience bullying than children who attended schools
without such programs. In fairness, the data is correlational, so it’s
not possible to say that anti-bullying programs necessarily led to more
bullying. One could argue that, perhaps, schools with bigger bullying
problems were more likely to implement anti-bullying programs.
Nonetheless, this data suggests such programs may not be terribly
effective. [...]
But
the bigger and better reality check is that bullying behavior has
actually been declining. Researchers David Finkelhor and colleagues
surveyed children in 2003 and again in 2008 and found that
they were being exposed to less violence across the board, including
bullying. Across most indices, most deviant youth behavior has also been
improving—smoking, drinking, violence, pregnancy, suicide. It’s
impossible to say why for sure, but I believe it’s part of a larger
trend and not the result of anti-bullying programs.
Bullying was undeniably a problem that needed to be brought out of
obscurity, but the issue has arguably now gotten too much attention.
Such hype can lead to other problems such as the use of bullying
accusations themselves as weapons in peer conflicts and overly harsh
“zero tolerance” policies that over punish minor infractions and may
exacerbate the isolation that can lead to bullying in the first
place. Now that bullying has been reduced, we need to be careful that it
doesn’t distract us from other pressing problems besetting our nation’s
schools.
Why R Mendel Epstein's cattle prod forced gittin are invalid
5 Towns Jewish Times by Rabbi Yair Hoffman Most of our readers have read about the FBI sting against the Rabbis who
perform what we can now call “The Cattle Prod Get.” In this column we
will not be dealing with the aspects of Chilul Hashem and the breaking
of American law. Rather, we will focus on whether these Gets are kosher
or not in the first place.
[see Bedatz protests cattle prod divorces]
THE MISHNA
THE MISHNA
The Mishna in Ksuvos (77a) lists a number of illnesses and professions in which a qualified Beis Din may force the husband to give a Get. The Gemorah both in Ksuvos and Yevamos provides further cases, and the final halacha regarding forced cases has been quantified in Shulchan Aruch Even HaEzer chapter 154.
THE DEBATE
There is a fundamental debate among the Rishonim, however, as to whether the cases discussed in the Talmud are the only such cases where a get may be forced upon the husband or whether they are examples of cases that may include other cases too. We will see that the final disposition of a forced get in most contemporary cases is dependent upon this debate among the Rishonim. The first view is that of the Rambam (Ishus 14:8), who rules that there are other cases where a get may be forced.
The next view is that of the Rosh and the Rashba. The Rosh, Rabbi Asher Ben Yechiel, rules in his responsa (43:3) that one may only force a get in the cases specifically mentioned in the Talmud. The Shulchan Aruch cites the Rosh in 154:5. The Rashba agrees with the Rosh in this respect as well.
MA-OOS ALAI
Most cases of divorces that appear in our times do not deal with the issues of these illnesses and professions. They rather deal with cases where the wife allegedly finds the husband disgusting. This is termed in halacha as “Ma-oos alai” – he is disgusting in my eyes. For these cases, the Rambam rules that a get may be forced, while others disagree.
HOW DOES A FORCED GET WORK?
The essential question behind this debate may lie in how a forced get really works. What is the principle behind the mechanism? The Mishna in Yevamos (112b) clearly states that a man can only divorce his wife of his own will and accord. It cannot be done against his will. Yet we find that the Mishna in Eirachin (21a) states that the way it works in divorces is that we can force him until he says, “I want [to do it].” How are we to understand how this works?
To answer this question, there seem to be four different approaches. [...]
It is pretty clear, however, from the writings of Rav Elyashiv and Rav
Shlomo Zalman Auerbach that they do not seem to subscribe to this view.
Indeed, a friend of this author was once present when Rabbi Mendel Epstein’s name came up in front of Rav Elyashiv zt”l, and Rav Elyashiv zt”l said, “Oh him? His Gittin are invalid.” This was said in reference to his forced Gittin. Whether Rav Elyashiv’s ruling applies to each person’s individual case is another story and a competent Posaim should be consulted regarding each case.
Friday, October 11, 2013
Shabbos Alert: Rainbow rubber band looms by Rabbi Yair Hoffman
5 Towns Jewish Times Fifth grade Bais Yaakov girls and Gedolei HaPoskim in Hilchos Shabbos
finally have something very much in common. Both are very much excited
about the new rainbow looms – albeit for quite different reasons. For
the Poskim, finally after all these years, the esoteric malachos of
Maisach, Ossei Shtei Batei Nirim, Oreg and Potzaya, have practical
everyday application that people are actually doing.
But let’s step back a bit to describe the latest craze that has hit
not only the Bais Yaakov’s but even the boys Yeshivos. There are
miniature weaving looms in which colorful rubber bands are fitted onto
and the practitioners of this new pastime are now weaving colorful
rubber band jewelry. [...]
The new craze presents both challenges and opportunity. The
challenges can be divided into three categories. We will go through
each one.
THE FIRST CHALLENGE
One challenge is that entire cadres of young girls and boys are now
unwittingly violating four of the most obscure Av malachos of Shabbos.
Maisach is setting up the loom. In our case it is setting up the
rubber bands on the plastic mini-loom. Other Poskim hold that it is
only when the loom is set up on the horizontal side that Maisach
applies. Regardless, Maisach will be violated when the new jewelry is
being woven.
Oseh batei Nirin in the theory is the setting up of the loom itself.
The loom used in this modern manifestation works differently. It does
not have the back and forth pedals, but according to some of the
explanations found in the Rishonim, the loom used would be a violation
of Oseh Batein Nirim too. Some Poskim hold that the violation of Osei
Batei Nirim involves merely passing the strings through the weaving
machine.
There is also the Malacha of Oreg which is the actual weaving. This
can be violated even without the loom. The Rainbow Loom offers that
possibility too. Indeed, from the fact that there are so many
combinations, each different pattern can be a different violation of the
above three Av Malachos.
The fourth category of prohibited Malacha involving weaving is called
Potzaya. This can involve removing the woven item from the loom, or
removing one of the bands from the total bracelet.
Some would like to argue that because the main material being used is
made of rubber bands, that it is temporary and not a violation of the
weaving Malachos. However, most rishonim understand that temporary
means less than 24 hours. Experience shows that this is definitely not
the case here. [...]
Thursday, October 10, 2013
R Mendel Epstein arrested - suspicion of forcing get
update Washington Post A judge in New Jersey has ordered two rabbis and eight associates held in federal custody after being accused of plotting to kidnap and torture a man to force him to grant a religious divorce. Rabbis Mendel Epstein and Martin Wolmark, four alleged enforcers and four other associates all appeared in federal court in Trenton on Thursday.
==================
CBS News [FBI criminal charges] [see also Washington Post] [See Newsday article about alleged earlier case of torture] Bedatz protests cattle prod divorces
FBI agents raided several locations overnight in an investigation into a series of violent crimes against Orthodox Jewish men involved in religious divorces from their wives, according to CBS New York.
==================
CBS News [FBI criminal charges] [see also Washington Post] [See Newsday article about alleged earlier case of torture] Bedatz protests cattle prod divorces
FBI agents raided several locations overnight in an investigation into a series of violent crimes against Orthodox Jewish men involved in religious divorces from their wives, according to CBS New York.
Mendel Epstein, Martin Wolmark, Ariel Potash and Fnu Lnu were reportedly arrested after the FBI raided Yeshiva Shaarei Torah in Suffern, N.Y., the home of a rabbi in Brooklyn and at least one more location in New Jersey.
The station reports a criminal complaint says the women who wanted to divorce their husbands would hire "tough guys," with approval from rabbis, to beat up their husbands and force them to consent them to divorce. Ten other people were also taken into custody, according to the station.[...]
An undercover investigation by the FBI, Wolmark linked the undercover agents to Epstein in New Jersey. Epstein allegedly said in a conversation, "Basically what were are going to be doing is kidnapping a guy for a couple of hours and beating him up and torturing him and then getting him to give the 'get.'"
He said the they would hire "tough guys" who would use "electric cattle prods, karate, handcuffs and place plastic bags over the heads of husbands."
Authorities reportedly said Epstein commits a kidnapping every year to year and a half.
The kidnapping would cost $10,000 for the approval of a rabbi and $60,000 to $70,000 for the "tough guys" they would hire.
Lnu and Potash would reportedly assist Epstein in the kidnappings.[...]
BHOL See below link for similar arrests in Monsey and New Jersey
הקהילה החרדית בארה"ב בתדהמה: סוכני הבולשת הפדרלית פשטו אתמול (ד), על בתיהם ובתי הכנסת של שני רבנים, האחד במונסי והשני בברוקלין.
הבולשת פשטה תחילה על ביתו של הדיין הרה"ג מנדל אפשטיין.
סוכני הבולשת הגיעו לביתו של הרב בשכונת פלטבוש ובו זמנית גם לבית מדרשו, ערכו חיפושים ועצרו אותו.
הרב הובל כשהוא אזוק באזיקים לניידת והוא נלקח לחקירה.
שעה לאחר מכן פשטו סוכני הבולשת הפדרלית על ביתו ובית מדרשו של הרב אשר וולמארק מראשי ישיבת שערי תורה במונסי.
דובר הבולשת בניו-יורק אישר כי נגד השניים מתנהלת מזה זמן חקירה, וכי בתום החקירה הוחלט לבצע את המעצרים.
בנוסף הוסיף ואמר, כי הרבנים מואשמים בסחיטה והלבנת כספים. לפי דיווחים בעיתונות המקומית החשדות קשורים להתארגנות שעסקה במאבק נגד סרבני גיטין
הבולשת פשטה תחילה על ביתו של הדיין הרה"ג מנדל אפשטיין.
סוכני הבולשת הגיעו לביתו של הרב בשכונת פלטבוש ובו זמנית גם לבית מדרשו, ערכו חיפושים ועצרו אותו.
הרב הובל כשהוא אזוק באזיקים לניידת והוא נלקח לחקירה.
שעה לאחר מכן פשטו סוכני הבולשת הפדרלית על ביתו ובית מדרשו של הרב אשר וולמארק מראשי ישיבת שערי תורה במונסי.
דובר הבולשת בניו-יורק אישר כי נגד השניים מתנהלת מזה זמן חקירה, וכי בתום החקירה הוחלט לבצע את המעצרים.
בנוסף הוסיף ואמר, כי הרבנים מואשמים בסחיטה והלבנת כספים. לפי דיווחים בעיתונות המקומית החשדות קשורים להתארגנות שעסקה במאבק נגד סרבני גיטין
lohud MONSEY — The FBI descended late Wednesday on Yeshiva Shaarei Torah in connection with an investigation into a gang that pressured men into giving their wives religious divorces, a law enforcement source told The Journal News..
Yeshivah embroiled in fresh abuse scandal
Australian Jewish News YESHIVAH College in Melbourne has been dragged further into the mire
of child sex abuse scandal, with an alleged victim, who claims he was
repeatedly raped by a longstanding employee of the school, breaking his
silence this week.
The alleged abuses happened some time ago, though The AJN has
opted not to publish the dates as to conceal the identities of the
victim and the alleged perpetrator, who remains in close contact with
children at the school today.
The man, who was eight, or nine when the alleged incidents took
place, claims he was lured to the college’s shul with the promise of
chocolates and raped on the bimah “in front of the sefer torah”. He also
claims he was also forced to perform oral sex and believes there to be
at least one more victim of the alleged pedophile. [...]
Wednesday, October 9, 2013
Greek PM refuses to wear kippa when laying wreath at Yad Vashem ceremony - so what?
YNET An upsetting diplomatic mishap overshadowed the visit of Greek Prime Minister Antonis Samaras in Israel: Greece's PM refused to wear a yarmulke (kippa) at a memorial service for Holocaust victims that took place at the Yizkor tent (Hall of Remembrance) at Yad Vashem on Tuesday.
The ceremony's organizers urged Samaras to honor the occasion. When he was offered to put on a hat instead of a yarmulke, he still declined, and finally laid a wreath bareheaded.[..]
It is rare for distinguished foreign guests to take such a stance: Nevertheless, in 2005, Turkish Prime Minister Erdogan acted in a similar manner. Former French President Jacques Chirac also refused to wear a yarmulke, however settled for a hat.[...]
Whistleblower consequences: Psychologist who helped unveil Penn State abuse scandal - loses contract with school
AOL The lasting pain the reported victims of Jerry Sandusky, convicted sex offender
and former Penn State assistant football coach face will take a long
time to end, if it ever does. Sexual assault on children is a crime and
sin that never vanishes. Sometimes that's even true for the people who
try to stop it.
Michael Gillum, the Clinton County, PA, psychologist who was one of the people crucial in uncovering the story -- and critical of the local high school's response to the crisis -- had been told earlier this year that his official contract with the county wouldn't be renewed, as USA Today reported. But, the paper also reported that Central Mountain High School was coming under new investigation by the Pennsylvania Attorney General's office.
Gillum had worked with Aaron Fisher, a student at the high school where Sandusky was a volunteer football coach, during the four years of the prosecution process. Fisher was known as "Victim 1" because his was the first of the allegations of eventually ten victims that led to prosecution, according to CNN. Fisher said that Sandusky forced him into sex acts more than 20 times between 2006 and 2008. However, the accusations resulted in so much bullying that he had to leave Central Mountain High School, according to the Patriot-News.[...]
Michael Gillum, the Clinton County, PA, psychologist who was one of the people crucial in uncovering the story -- and critical of the local high school's response to the crisis -- had been told earlier this year that his official contract with the county wouldn't be renewed, as USA Today reported. But, the paper also reported that Central Mountain High School was coming under new investigation by the Pennsylvania Attorney General's office.
Gillum had worked with Aaron Fisher, a student at the high school where Sandusky was a volunteer football coach, during the four years of the prosecution process. Fisher was known as "Victim 1" because his was the first of the allegations of eventually ten victims that led to prosecution, according to CNN. Fisher said that Sandusky forced him into sex acts more than 20 times between 2006 and 2008. However, the accusations resulted in so much bullying that he had to leave Central Mountain High School, according to the Patriot-News.[...]
Abuse: Court rules parents have right to spank child for discipline
SFGATE Santa Clara County woman who spanked her 12-year-old daughter in the
rear with a wooden spoon should not have been labeled a child abuser,
said a state appeals court Tuesday, ruling that social workers and
judges must consider a parent's right to impose "reasonable discipline"
on a child.
The Sixth District Court of Appeal in San Jose stopped short of deciding whether Veronica Gonzalez
had acted reasonably and legally when she swatted her daughter several
times in 2010, hard enough to leave bruises, after the child stopped
doing most of her schoolwork and lied to her parents.
But the
court said the Santa Clara County Department of Social Services had
violated Gonzalez's rights by disregarding parents' authority to
discipline their children and refusing to allow testimony by the
daughter, who disputed many of the social worker's accusations against
her mother. The court said the department must either hold a new hearing
or dismiss the case.
Neither the department nor the Superior Court
judge who upheld its finding that Gonzalez had abused her daughter gave
"any weight to the right of a parent to impose reasonable discipline on
his or her child," Presiding Justice Conrad Rushing said in the 3-0 ruling, published as a precedent for trial courts statewide.
Although
beating a child may amount to abuse, Rushing said, it depends on the
circumstances, including whether the parent intended to inflict bruises.
No evidence was introduced showing that Gonzalez intended her daughter
to be bruised, Rushing said.[...]
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