Myerson Get: Rav Sternbuch & Rav Karelitz

Rav Sternbuch and Rav Karelitz - Mayerson Get

Eida Chareidis handcuffs kids to protest Draft

On Vigilantism & AMI's embarrassing Editorial

Vos Iz Neias by Rabbi Yair Hoffman   With due respect, I would like to take issue with Rabbi Yitzchok Frankfurter’s recent editorial (Ami Magazine p. 8 July 11, 2012) regarding religious vigilantism, Jewish history, and bloggers.  Rabbi Frankfurter has distinguished himself as a highly intelligent thinker on the Jewish scene, with a sensitivity to the Torah’s values on some very important issues that have arisen in our community. 

Nonetheless, it is my feeling that he has taken an incorrect position in this editorial on the issue of recent acts of religiously motivated vigilantism that have been highlighted in the media, primarily in Israel, but even here in New York

Rabbi Frankfurter writes, “contrary to what some bloggers might think, religious vigilantism over Jewish history was not an altogether negative phenomenon.”

It must be clearly understood that “vigilantism” was never a protective shield.  It has always undermined the notion of law and order and is antithetical to one of the principal notions of the seven Noachide laws – the establishment of a legal system.  Indeed, even the killing of Zimri by Pinchas, as Rabbi Frankfurter paradoxically points out, was not an act of vigilantism – the Halacha itself clearly dictates that Kanaim Pogim Bo is part of the Torah’s system of jurisprudence.

30% of sex crimes target minors

YNET  The Knesset's Committee on the Status of Women is set to debate a new report on how the school system deals with sexual violence, Ynet learned Monday.

The report states that 30% out of the crisis centers' 40,000 reports of sexual assaults in 2011 involved children under the age of 12. Almost half of the reports were of rape or attempted rape, some 25% were reports of incest and 20% were of sexual harassment.

The report also includes police statistics about sexual violence: In 2011, 4,563 sexual assault complaints were filed, 47% of them by minors.

In 20% of the cases, the suspect was a minor. In 18% of the cases, the assaults allegedly took place on school grounds. 

HaPeles challenges Yated's leadership

JPost  A new chapter has been opened in the struggle for public opinion among the haredi community, with the publication of Israel’s newest daily newspaper, HaPeles, on Friday.

Following the recent power struggle over the influential Yated Ne’eman haredi daily, HaPeles was published on Friday to compete for the ear of the target audience, members of the non-hassidic “Lithuanian” haredi community.

HaPeles, whose editor-inchief is Grossman, means straight or level, which Labin says reflects the desire to present straight and direct opinions and perspectives on the haredi world.

The upheaval at Yated Ne’eman, the most important paper in the haredi world, occurred as a result of a broader struggle for the leadership of the community – in light of the continued hospitalization and incapacitation of Rabbi Yosef Shalom Elyashiv, 102, the undisputed leader of non-hassidic haredim until now.

Rav Bulman's 10thYahrtzeit - R Malinowitz & R' Leff

Tonight in Jerusalem Rav Chaim Malinowitz and Rav Zeff Leff discussed the legacy of Rav Bulman in the connection with the issue of 

"The Role of English Speaking Kehillos in Eretz Yisrael"

The were introducted by Rav Bulman's son. Rav Berkowitz was unable to attend because he is an avel.

This is the recording of the event - there are a few minutes missing from the Introduction

Click following link to play or to download

Mp3 audio file 44 meg

Who will comfort us now? by Toby Katz

Economic & family deficits from being unmarried

NYTimes  Jessica Schairer has so much in common with her boss, Chris Faulkner, that a visitor to the day care center they run might get them confused.

 They are both friendly white women from modest Midwestern backgrounds who left for college with conventional hopes of marriage, motherhood and career. They both have children in elementary school. They pass their days in similar ways: juggling toddlers, coaching teachers and swapping small secrets that mark them as friends. They even got tattoos together. Though Ms. Faulkner, as the boss, earns more money, the difference is a gap, not a chasm. 

But a friendship that evokes parity by day becomes a study of inequality at night and a testament to the way family structure deepens class divides. Ms. Faulkner is married and living on two paychecks, while Ms. Schairer is raising her children by herself. That gives the Faulkner family a profound advantage in income and nurturing time, and makes their children statistically more likely to finish college, find good jobs and form stable marriages. 

Estimates vary widely, but scholars have said that changes in marriage patterns — as opposed to changes in individual earnings — may account for as much as 40 percent of the growth in certain measures of inequality. Long a nation of economic extremes, the United States is also becoming a society of family haves and family have-nots, with marriage and its rewards evermore confined to the fortunate classes.

Millions of Africans view themselves Jews

YNet  Millions of African citizens could come knocking on Israel's door in the next few years, demanding to be recognized as Jews, warns Dr. Shalva Weil. According to Weil, the past 15 years have seen a sharp rise in the number of tribes throughout Africa who are "rediscovering" their Jewish heritage.

Weil, from the Research Institute for Innovation in Education at the Hebrew University of Jerusalem, is an anthropologist and expert on Ethiopian Jewry who has spent years studying the Ethiopian community and its acclimation into Israeli society.

Weil explains that every one of the African groups has a unique story. For example, the Lemba people of South Africa, Zimbabwe and in Mozambique and Malawi numbers some 70,000 Christians, but its leaders claim that they are the descendants of Yemenite Jews who migrated to South Africa. The Lemba people are seeking recognition as the descendants of Jews and have even appealed to the South African Jewish community for financial support to build synagogues.

"Internet makes us crazy"- The Misuse of Poor Science

Time Magazine   Sociologists call them moral panics — when a population pins its unanchored fear in uncertain times on a selected demon, whether or not the target is really a threat to society. Drugs are a frequent focus of these societal anxiety attacks, but this week, Newsweek tries to foment a classic panic against a more universal foe: the Internet.

Headlined online “Is the Web Driving Us Mad?” the article begins with the story of Jason Russell, the filmmaker behind the “Kony2012″ video about the African cult-leader and warlord Joseph Kony. After the video went viral and suddenly brought Russell international fame, he wound up naked and ranting on a San Diego street corner. To make the case that the Internet caused Russell’s psychotic break, the Newsweek article rapidly generalizes from rare, extreme experiences like Russell’s and wends through a selective reading of the research to argue, in the words of one quoted source, that the Net, “encourages — and even promotes — insanity.”

The problem is, this conclusion runs counter to what the research data actually show.

Dokoupil makes much of brain scan studies suggesting that Internet use “rewires” the brain in ways that look similar to changes seen in drug addiction. The reality is that any enjoyable activity leads to changes in the brain’s pleasure regions if a person engages in it frequently enough. Indeed, any activity we perform repeatedly will lead to brain changes: that’s known as learning. Riding a bicycle and playing the violin also rewire the brain, but we don’t choose to refer to these changes as “damage.”

As yet, there is no brain scan that can clearly determine whether certain brain changes signify addiction or simple, harmless enjoyment. Nor can brain scans predict, in the case of addiction, who will be able to regain control over their behavior and who will not. [...]

The truth is, we really don’t know much about how our online lives are affecting us. It’s quite possible that Internet use has the deleterious effects critics suggest — certainly some people do have difficulty controlling the amount of time they spend online. But is it the addictive effect of the Internet that keeps us checking our work emails on vacation or during evenings and weekends — or is it the fact that we fear we may lose our jobs if we don’t?

The Internet might indeed be a cause of our societal worries, but not necessarily because we’re addicted to it. And creating a moral panic based on flimsy evidence isn’t going to help, no matter what the real cause of our problems.

California: Should a child have 4 legal parents?

NYTimes  Bill Delaney’s two little girls spend three nights a week with their fathers, at the home Mr. Delaney shares with his husband in San Francisco. The other nights, they stay with their mothers, a lesbian couple who live nearby. 

The girls have four parents — a result of a kind of nontraditional family arrangement that has become increasingly common. But officially, California, like most other states, recognizes no more than two legal parents.  

That limit could soon be lifted.

A bill moving through the California Legislature would allow judges to recognize more than two legal parents for a given child, opening the door for alternative families to seek legal recognition of their relationships.

Alleged attacker of women in Bnei Brak captured

.kikarhashabat.

האם נעצר התוקף הסדרתי שמאיים על שלוותן של תושבות בני-ברק? בחודשים האחרונים התרחשו מספר רב של תקיפת נערות חרדיות, בעיקר באזור שבו פועלים אולמי השמחות בעיר התורה.

המותקפות סיפרו על צעיר בלבוש חסידי, שתקף אותן בשעות הערב בסימטאות ובחדרי מדרגות. עסקנים שמעו על כך, נחרדו מהעדויות ומיהרו לערב את משטרת מרחב ירקון, ובראשה את אלברט אוחיון

אתמול, הגיעה החקירה לנקודת מפנה משמעותית. בעקבות מידע מודיעיני הגיעה המשטרה לישיבה חסידית מוכרת בבני-ברק ועצרה את אחד הבחורים בזמן ארוחת הערב.

כשהחשוד הבחין בכוחות המשטרה, הוא נמלט לחדר האוכל - שם הסתיים המרדף הקצר במעצרו.

בחקירתו, הודה החשוד במעורבות בכמה מהתקיפות, אולם המשטרה חושדת שהתמונה רחבה עוד יותר.

5 indicted in haredi website 'extortion' affair

JPost  Police announced Thursday it had found sufficient evidence to warrant an indictment against five suspects in the Hadrei Haredim website extortion affair.

Police suspected that over the last two years, the five members of staff working for the haredi news site extorted large sums of money from businessmen, rabbis, organizations and large companies, who paid them hundreds of thousands of dollars.

The five suspects comprise the director-general of the website, his deputy and three other employees.

The suspects allegedly threatened to publish content that would damage people's reputations unless they paid them large sums of money.

Rav Sternbuch - Psak to Report Molester

A clear Psak requiring Reporting is needed to stop Abuse

I just finished a long trans-Atlantic call with an American rav whose grandson was recently abused in a shul in Europe during davening. He was distressed by a number of developments besides the fact that his grandson had been abused. 1) the community rav who had been consulted said that the perpetrator had suffered enough embarrassment already and thus nothing more should be done. The rav stated clearly that the matter should be dropped and if the police were involved it would be mesira. He was clearly ignorant of the rulings of Rav Eliashiv and other gedolim on the matter. 2) Despite this the parents reported the abuse to the police  - but they didn't seem interested in getting involved either.  3) To make the matter more distressing the family has been informed that the alleged abuser has been observed  in the past - touching kids inappropriately in the mikveh - but nothing was done. 4) The parents of the child are now being harassed and threatened by the community as trouble makers and informants.

This American rav is well aware of the halachic and psychological issues and suggested something which is very simple - but should be very effective in changing the dynamics of the situation. Most people would have no problem of reporting if they witnessed a child being raped or severely beaten. In fact they probably would physically intervene to stop the abuse. The events of Penn State have hopefully taught us that good people don't act unless they know that they must act and are informed in advance what constitutes abuse. Similarly most rabbonim today acknowledge the importance of reporting abuse - to the local rabbi or police - but they would not necessarily recognize that inappropriate touching or fondling is abuse

Therefore the American rav suggested that the community needs that important poskim publicly proclaim in a written declaration what actions constitute abuse that we need to report. The  proclamation must state clearly and unambiguously that abuse is wrong - even if it doesn't involve rape. It must list the halachic requirements to prevent harm by reporting. And finally it needs a clear and unambiguous list of specific actions that constitute abuse that need to be reported.

Here is a tentative text regarding what is abuse:

You must report the following to your rav and/or police department. If you see a child being touched  inappropriately in the mikveh, playground, summer camp or school or neighbor's home. Not only must you report inappropriate adult fondling of a child - but also such actions between  children - even if they are the same age. You must report not only what you yourself observe but also when you hear rumors or your children tell you - it needs to be reported in order to verify and stop it. In sum - all awareness of abuse that you know about -  must be reported to someone. However it is not enough to just report that you witnessed or heard about abuse. If the person you report to doesn't follow through - whether it is a parent, teacher, principal, rav or police - you must persist either with that authority or find someone else who will listen and act. It is clear that a child's well being is not to be sacrificed to avoid chilul hashem, financial loss to a yeshiva or synagogue, or the embarrassment to the family of the abuser or even a prison sentence for the perpetrator. There is no prohibition of lashon harah to report these issues, nor is there a prohibition of mesira. A Rav or community leader is obligated to listen to any and all alleged incidents of abuse. Every member of the community is obligated to make sure that children are protected and that perpetrators are stopped.

Superbus fined for asking girl to move to back

YNET  Superbus transportation company will pay NIS 13,000 (some $3,200) in compensations to Ariella Marsden, a 15-year-old high school student who was asked by a bus driver to move to the back of the bus in order to allow two haredi men to sit in the front.

During her testimony, Marsden described the chain of events, saying she boarded the bus on the way back from school with two of her friends and sat in the front. Shortly afterwards, two haredi men boarded the bus and stood in the front, even tough there were vacant seats in the back. According to Marsden, the driver then asked her and her friends to move to the back of the bus, and they complied. However, by that time there were no empty seats and the three were forced to stand for the duration of the ride.

Attorney Orly Erez- Lahovski from the Israel Religious Action Center said "the verdict is another step in the battle against the exclusion of women in the public transportation system, and sends a message to drivers and company owners that discrimination is not only illegal, but will also be costly.

Mesorah - questions that bother a reader

Dear Rabbi,

I like to read your blog and I also use your sefer Das Torah. I would like to ask you a few questions that bother me. They are about our Mesorah.

1) How do we know that the Mesora is True 

 The Rishonim (like Kuzari) bring down the idea of Transmission. And they say that it could not be that millions of people were deceived, and that for sure since they all saw it and heard it, they transmitted it as they saw it and heard it. But what if there was a certain (one or few) person in a certain time (when they were together as a tribe of certain people) that told to their people and convinced them to believe that this is what happened, millions of people were there, and "we got the Torah, and here it is". Like it happened in other religions - one man convincing many people to believe in something, all the more so if people in those times were very receptive to believes of different ideas of religion (for example they were very easily  lured into Avoyda Zora) and obviously (at least for me) since they were not on the same level of rational thinking as in later times (in times of Gaonim, Rishonim or our time). So how we are so convinced that the Mesorah is true?

 2) Accepting that the whole Torah was written by Moshe - except last 8 verses

Another question that bothers me is the assertion "that the Torah is written completely by Moshe Rabeinu", and the only argument is about the last eight psukim. One Tana said that Yehoshua wrote them, and Rabbi Yehoshua (I think it was Rabbi Yehoshua?) said -  "Chas v'sholom,  of course Moshe Rabeinu wrote the whole Torah, just last pesukim he wrote with his tears". But why should I believe in what Rabbi Yehoshua said? At least if he would say that it was his Mesora that Moshe wrote the whole Torah, but Rabbi Yehoshua did not say that. He just based his Pshat on the fact that it is written “that Moshe wrote all this Torah”, which in simple meaning does not prove anything - the words “all this Torah” could simply mean all the commandments. Why should I believe in something that came from human mind as his idea? And all the more so, why should I believe in what he said about this concept, when I know that many Rabbis had the intention of protecting the Torah from heretics, which is very good, but since their minds were constantly in the "protecting mode", they automatically thought in this direction - that of course Moshe wrote the whole Torah, what else is possible?! But as it seems to me, there are many places in the Torah where it seems as if the Torah was not written by one person at one time, but it is more like a collection of a few writings that were put together later on. (For example גיד הנשה - “בראשית לב:לג "על כן לא יאכלו בני ישראל את גיד הנשה", or another place - בראשית לו:לא "ואלה המלכים אשר מלכו בארץ אדום לפני מלך לבני ישראל" , and there are many other places that are indicating this.) I understand that this idea is very dangerous, but the truth is more important to me. I grew up in a communists country, with a mindset of being anti-religion, and even thought I am Shomer Torah umitzvos now, I still have this attitude that everything has to make sense, and for me “this Rabbi said this and this Rabbi said that" is like the Pope in church said this and this and this, and everybody answers “oh yes father, whatever you say”. This way of thinking absolutely foreign to me and I only accept something if it makes sense. Of course I understand that a human brain cannot comprehend everything - but that's as long as it is something that it is not possible to understand, for example בחירה. But if something looks that it is possible to understand logically, why shouldn't I attempt to do that  - to the best of my ability? And then when we don't understand, we use Emuna. And that being said, I don't see anything wrong with the idea that Moshe did not write the whole Torah, like Rabbi Yehoshua holds, since it is his personal opinion, and not the mesora, (at least it does not say that). And it is not perfectly logical to say that Moshe wrote the whole Torah, because of all of those allusions to it, like I wrote before. So basically my question to you is - what's wrong with my understanding, since I don't find any Orthodox Rabbi that holds like this? (only conservative) Or maybe this logic is correct, but Orthodox Rabbis would never accept this because it is too dangerous?

Please answer me, if you can. I specifically chose you because of your rational approach to things.

Thank you,

Cherem of R' Gershom - time limited decree?

Pischei Teshuva (Even Ha-Ezer 1:19): Until the end of the 5^th millennium (1240) -  these are the words of the Maharik who cites Rashba that he had heard that Rabbeinu Gershom had not made his decree to be in force after the 5^th millennium... Look at Mishkenos Yaakov (#1) who writes that it seems to him that the reason for the rumor  - even though normally a decree is forever until a beis din arises that is greater in wisdom and number  as is well known – is because all rabbinic decrees need to be a protective fence for Torah laws. This is expressed by Ramban (Eschanon) that one should not create any matter or decree except that which is preventative fence for the Torah. The only exception being that a beis din has the power to make temporary decrees for the needs of the time and generation in order to correct temporary aberrations. Those matters which are for the needs of the time are not made permanent decrees. According this understanding, we can suggest that the ones who said there is a time limitation to the Cherem thought that Rabbeinu Gershom did not make this decree as a protective fence for a halacha. That is because there is absolutely no Torah prohibition which would justify this fence for everyone.  Thus those who make this claim feel that the decree must have been made for some transient problem of those times and that is why it was only for a limited time and not permanent and it wasn’t made in connection with a Torah law. However this view is not unanimously held and there are those who disagree with it.  This issue was raised by a few gedolim cited in a teshuva of the Beis Yosef. Besides this there were also a number of gedolim at the beginning of the 6^th millennium such as the Ran, Mordechai Maharam Ruttenburg and Raviah who discussed the Cherem of Rabbeinu Gershom and yet did not mention this leniency at all of it only being in force until the end of the 5^th millennium (1240). ... According to all this evidence we must conclude that Rabbeinu Gershom made this decree as a fence to protect Torah prohibitions because of various reasons and therefore this decree must have also been made forever as we find with all decrees that the Sages made. And Maharam Alshakar (#95) writes, Concerning the decree of Rabbeinu Gershom this that it is claimed to be in force only until the beginning of the 6^th millennium – but it is already well known that the majority of the Jews in exile never accepted this decree then or now - for example Spain and the West and the entire East. There are places that did accept it even until today and they conduct themselves in accordance with it. Therefore for all those places which accepted it even until today - it is in force as it was during the 5^th millennium.

Chassidic dynastic battles & political clout

NYTimes There is an enduring belief among some New York political aficionados that Hasidic Jews vote in a bloc. Capture the support of a chief rabbi and you capture the entire Hasidic sect. 

But the divisions in several Hasidic sects have made once-simple calculations far more complicated, as shown by the preliminary results in the recent Democratic primary for the Congressional seat held by Nydia M. Velázquez, a district that embraces Brooklyn’s Hasidic enclave in Williamsburg. 

The Satmar are the largest Hasidic sect in the United States, with its stronghold in Williamsburg, but with the death of Moses Teitelbaum, the Satmar grand rabbi, in 2006, their ranks have been sundered by a dynastic battle between two of his sons, Aaron and Zalman. And politics has become a favored way for each side to demonstrate its ascendancy.

Gra's failed attempt to restore daily Birkas Kohanim

Rabbi Daniel Travis  During the time of the Rishonim, a group of prominent Ashkenazic rabbis decreed that Birkas Kohanim should be recited only during Yamim Tovim (Responsa Beis Ephraim 6). The exact reasons for this decision are not known, but it is likely that it was connected to the intense hardships that their communities were experiencing at that time, which did not allow for them to feel joy. This ruling is upheld until this day and, outside of Israel, Ashkenazim recite Birkas Kohanim only on Yom Tov (Rema 128,44).

The Vilna Gaon and his students tried very hard to reinstate the daily Birkas Kohanim, but many obstacles blocked their efforts. In one instance the Vilna Gaon was arrested on false charges the day before a public Birkas Kohanim was planned. Rav Chaim of Volozhin, the Gaon’s closest disciple, once tried as well. The night before the planned event, fire razed half the town of Volozhin, including the shul where Birkas Kohanim was planned (as cited in Responsa Mashiv Davar 2,104 and Aruch Hashulchan 128,64). Eventually these attempts were abandoned.

ערוך השולחן אורח חיים הלכות תפילה סימן קכח

סעיף סד

והנה ודאי אין שום טעם נכון למנהגינו לבטל מצות עשה דברכת כהנים כל השנה כולה וכתבו דמנהג גרוע הוא אבל מה נעשה וכאלו בת קול יצא שלא להניח לנו לישא כפים בכל השנה כולה ומקובלני ששני גדולי הדור בדורות שלפנינו כל אחד במקומו רצה להנהיג נשיאת כפים בכל יום וכשהגבילו יום המוגבל לזה נתבלבל הענין ולא עלה להם ואמרו שרואים כי מן השמים נגזרה כן ומצד הדין י"ל ע"פ מ"ש בסעיף מ"ט ע"פ הזוהר דבעינן שמחה דומיא דאהרן ובניו בשמיני למילואים ולזה נאמר כה תברכו אמנם זה שהיה מנהג מקדם דיו"ט שחל בשבת לא היו נושאים כפיהם כבר נתבטל בימינו כי אין במנהג זה טעם וריח כמו שהאריכו מפרשי הש"ע בזה [ט"ז סקל"ז ומג"א סק"ע] ובעל קרי מותר בנשיאת כפים [ב"י] והמחמיר לטבול תבא עליו ברכה אמנם בא"י ובמצרים ובכל אזיא נושאים הכהנים כפיהם בכל יום: 

Shulchan Aruch, Polygamy & Rabbeinu Gershom

See full discussion in Otzer haPoskim volume I from Hebrew Books pages 21 -94

Shulchan Aruch (E.H. 1:9): A man is allowed to marry a number of wives as long is he can afford them. Nevetheless the Sages gave good advice that one should not marry more than four wives in order that each one would have sexual relations at least once each month. In communities where the practice is to have only one wife it is not appropriate to marry an additional wife.

Shulchan Aruch (E.H. 1:10): Rabbeinu Gershom made a cherem against those who married an additional wife. In contrast he didn’t make a ban against those who married their brother’s widow (yevama) who was childless nor an arusa. Rema: If he didn’t want to marry her but to exempt her (Maharik 101). He also didn’t apply it in a case where a mitzva was not being done for example his first wife had no children after 10 years... However others disagree and they assert that the Cherem of Rabbeinu Gershom applies even when it intereferes with doing a mitzvs and even in the case of yebom. Therefore in a case of a married yevam he would be required to do chalitza rather than marrying his brother’s widow (yevama). In a case that she can not be divorced such as she is insane or she refuses to accept the Get from him – then there is reason to be lenient for him to marry someone else. And surely if the first one is only betrothed but doesn’t want to get married or breakup with him. This decree of Rabbeinu Gershom was not universally accepted in all places. Rema:  It doesn’t apply only in those places where it is known not to have been adopted but otherwise it is to assumed that a particular place did accept it. Look at Y.D. 228 concerning a person who travels from a place where it is accepted to one where it was not accepted. Furthermore the Cherem of Rabbeinu Gershom was only decreed until the end of the 5^th milenia. Rema: Nevertheless in all the Ashkenaz lands it was decreed and this practice still applies today and therefore one should not marry two women. And we force with cherem and nidoi anyone who transgressed and married two women – that he should divorce one of them. And some say that today we don’t force someone who has transgressed the Cherem of Rabbeinu Gershom since we already have passed the  5^th milenia but that view is not accepted. There are some who say if his wife becomes an apostate that she is given a get through another party and that is the practice in a number of places. In a place where it is not the practice, there is no need to be strict and it is permitted to marry another woman without divorcing the first.

Shulchan Aruch (E.H. 1:11): It is a good idea to make decrees and bans and shunnings against someone who marries an additional wife.

Rav Nachman Bulman zt"l: Erev Iyun on 10th Yahrtzeit

Who will comfort us now? by Toby Katz

Rav Sternbuch: Can a talmid chachom serve his son?

Rav Sternbuch (4:209): In Kiddushin (31b) it mentions that R’ Yaakov’s father and mother both poured him a drink. The gemora concludes that he should take the drink from his mother but not from his father since his father is a talmid chachom he will be insulted if his son accepts the drink from him. In other words, since his father is a talmid chachom who wants to serve his son and the son agrees to accept his service – it will make his father feel insulted. These words are astounding! We have a case where the father wants to do something for his son so why would he be insulted if his son accepted his offer? Was his father just trying to test his son to see whether he would accept? Consequently this halachic conclusion must only be in the case where the mother is there and wants to help and but the son would rather accept it from his father. In such a case it would appear that since his father is a talmid chachom it would be degrading for him because the father is being treated as equivalent to his mother. That is why he should take the drink from his father but rather he should take it from his mother. It would follow from this analysis that if only the father was offering a drink then it would be permitted to take the drink. With this explanation, all the questions of the Maharsha on the gemora later regarding where the father is not concerned about his honor that it is not a concern and that the son is permitted to take it. However there is a problem with this answer since Shulchan Aruch (Y.D. 240:25) doesn’t make this distinction and simply says that if the father is a talmid chachom that it is prohibited for the son to accept the drink. That is because if he allows his father to serve him it seems that he is insulting the father’s Torah. Thus it seems according to the Shulchan Aruch that even if the father is forgiving of his honor and really wants to serve his son, even so if the son accepts the drink the father would be insulted. This is in according with the text of the gemora here. This matter in my opinion requires great study and it is an astounding innovation. (Look at the Birchei Yosef in the name of the Pri Chodosh that he should not accept even if the father is very insistent). Perhaps this is true only if this is done on a regular basis then we should be concerned that once in a while he might be insulted. It would follow that it is always prohibited to accept service from a talmid chachom because of the possibility that he would be insulted when someone accepts his offer. In other words even if the talmid chachom really wants to be of serve it would be prohibited to accept the offer just as it is here concerning a father who wants to provide service. Nevertheless the Shulchan Aruch rules that it is prohibited unless you want to conclude that it is only prohibited if it is done on a regular basis. This matter requires further thought. That is of course referring to any Torah scholar who wants to serve others but a student who wants to serve – it a is mitzva to accept as in mentioned in Chazal.

Cherem R Gershom & Remarriage - Rav Sternbuch 3:416

 Rav Sternbuch 3 416

Dor Yeshorim - Wall Street Journal interview

Wall Street Journal             Dor Yeshorim Web site

Rabbi Josef Ekstein, who had four children die of Tay-Sachs disease, a fatal neurodegenerative condition, founded a program called Dor Yeshorim to screen people and create a database with the test results while providing participants with anonymity. Young people—typically from age 17 to their early 20s—who get tested are assigned a personal identification number and birth date without the year. The program screens for nine conditions common among Ashkenazi Jews—those who can trace ancestry to Central and Eastern Europe—and the information is kept in a database by Dor Yeshorim, which means "upright generation" in Hebrew.

How much to reveal to people remains a contentious issue in the gene-testing field. Some geneticists argue that scientists still have no grasp of most gene mutations' relevance, and that sharing information whose meaning is uncertain is potentially harmful. In some cases, people might endlessly worry or alter their lives because of a mutation for which there is no effective treatment or that turns out to be benign; others may ignore medical advice because genes show they aren't predisposed to a particular condition, even though screening can't rule out the possibility a disease will develop.

Yaniv Erlich, a geneticist at the Whitehead Institute in Cambridge, Mass., who works with Dor Yeshorim on research projects, says the group's decision to share only what it considers "actionable information" is a stance taken by many geneticists. What's unusual is that, in this case, "the marriage is the actionable information," he says.

Still, researchers believe that while risk can be lowered, it can never be completely eliminated. In genetics and love, says Edwin Kolodny, professor emeritus in neurology at New York University Medical Center and chairman of Dor Yeshorim's medical advisory board, "Marriage in most situations remains a lottery where we just take our chances."

Rav Gestetner to Rav Miller - Remarry without heter 100 Rabbonim?

Rav Gestetner to Rav Miller

Sarah Schenirer: Lecture by Dr. Hillel Abramson

Classical example of false ma'us ali claims

False ma'us ali claims against the husband

Higgs Boson - who cares?

Alleged rapist working in Brooklyn Yeshiva - Background check?

NY Daily News   Moshe Pinter, 28, was arrested and charged with a trying to molest a 13-year old boy in 2007, but pled down the top felony charge to a misdemeanor child endangerment offense after the victim declined to testify against him, according to court records and sources.

Pinter was sentenced to three years of probation, but was not barred from working with minors.

For the past year Pinter has been working at Ohr Hameir Yeshiva in Borough Park chaperoning Hasidic teens on weekend getaways while parents had no idea of his criminal past - which also includes two theft convictions.

Child victim advocates said the case highlights the need for private schools to be legally obligated to run fingerprint and background checks on employees and for Brooklyn District Attorney Charles Hynes to publicize the names of convicted perpetrators in the Jewish community.

Debate over drafting Chareidim & Arabs

NY Times  On one level, the questions shaking the Israeli political system this week are pragmatic: how many ultra-Orthodox men and Arab citizens should be drafted into the military or national service, over how many years and how should those who resist be penalized? 

But the debate over these details masks a more fundamental and fractious one about evolving identity in this still-young state, where a “people’s army” has long been a defining principle, and about the growing cleavage among its tribes. 

That is what has brought Prime Minister Benjamin Netanyahu’s broad unity coalition to the brink of collapse in recent days, with an Aug. 1 deadline looming to replace a law providing draft exemptions to thousands of men studying in yeshivas that the Supreme Court deemed illegal in February. 

“What’s at stake is two cultures, two civilizations,” Professor Stern added, referring to the ultra-Orthodox, known as Haredim, and other Jews here. “These two civilizations used to live in some kind of peace because each one thought that the other is going to disappear eventually. Nowadays I think everybody realizes that the two camps are here to stay, and we have to decide what will be the identity in the public sphere.”

Victim who Assaulted Molester Priest - Acquitted

CNN A California jury Thursday acquitted a man charged with assaulting a retired Catholic priest, in a case that prosecutors had described as a vigilante attack.

Weiss Family Statement & Supporting Documents

Weiss Family Statement

Nachlaot: An anonymous letter objecting to a post

I just received this letter today. It is a demand that I remove a post regarding an article that appeared in the Jerusalem Post about the child abuse scandal in Nachlaot.  This is an example of the pressure that happens in the Orthodox community regarding discussing of child abuse. Anonymous letters,  anonymous phone calls etc. 

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He masterminded systematic rape of over 100 kids :The nightmare of Nachlaot

JPost

Dear Rabbi,

I recently went through your blogs on  Nachlaot and see that you are not one of the people who have been irrationally pushing the witch hunt that has been going on in Nachlaot.  Since your blog comes up every time a search is done on Nachlaot abuse, I assumed you were one of the many inciters.  In this I apologize.  However, I will take you to task on the article you did print from the Jerusalem Post.  I am not sure for what purpose you posted it.   Perhaps you didn't have any better thing to post that day.  In any case, the fact that you took the effort to give validity to an article from the JP that is based on lies and contains mostly lies is not forgivable.  (Every one is judged according to who they are.)  Therefore, since you have involved yourself in outright Motzie Shem Ra(everyone knows who S is), and chose to give the validity of the Torah to these lies by posting them on your blog as a truth, it is only right that you should want to correct the ill truths that you presented as truth. 

There is several reasons why you would want to do this.  A. Many innocent lives have been destroyed.  The only way to correct that is to expose the lies and establish the truth.  B.  As long as the children are being treated based on lies, they will never get better.  1. Many of the children that are in treatment may not have been abused. 2. And if they were abused, it is not by the people they are claiming to have abused them.  3.  The people that are abusing them are still getting away with it,  i.e. brothers,  Rebbis or whoever might actually have access to them.  C.  Several people that are in jail very well may be innocent.  D. All the other reasons stated in the letters of the Rabbis that say it much more eloquently than I do.

Therefore, it is imperative that you do what you can do to straighten out this situation.  To stand up in the name of truth. 

Having been falsely accused,  basically ostracized from the Jewish community, the Shechina cries.  

One of the MANY falsely accused of Nachlaot. 

http://nachlaotchildabuse.blogspot.com/2012/07/moral-panic-or-modern-day-witch-hunt.html

http://nachlaotchildabuse.blogspot.com/2012/06/english-translation-of-letters-written.html

Chazon Ish: "Die rather than Transgress" - Literally?

There are three sins which a person must die rather than transgress, murder, idolatry and sexual immorality (Shulchan Aruch Y.D. 157:1). The Chazon Ish pronounced that drafting women was included and that a woman should resist even if it meant death (See the below excerpt). The Chazon Ish also said the same applied to shaking hands with women. My question is whether he meant that literally? In other words should a man faced with the choice of being killed or shaking hands with a woman - should allow himself to be killed?

[Just added the original report in Moadim u'Zemanim where it is clear that the Chazon Ish meant it literally.]

תשובות והנהגות כרך ד סימן ש    נישוק ונתינת יד לאמו החורגת  

נדרשתי מבחור ירא שמים, שנודע לו רק עכשיו שאמו מתה בילדותו, ואביו התחתן עם אשה שניה שגידלה אותו כבן ממש, ועכשיו כשנודע להבחור ממאן לנשק ולתת יד לאמו החורגת, ואביו כועס עליו מאד ואומר שזה לא הכרת הטוב לנהוג כן באשה שגדלתו במסירות, עד שרוצה לגרש את הבן מהבית. וכעין שאלה זו הבאתי ב"מועדים וזמנים" (ח"ד סימן שט"ז בהג"ה) ששאלתי למרן החזון איש זצ"ל והשיב שאין להתיר אפילו נתינת יד מפני שדרך חיבה היא ויהרג ואל יעבור. וסיפר לי השואל שאח"כ הלך לשאול גם את הגאון רבי משה פיינשטיין זצ"ל, והשיב שאם מדקדק לעשות בצורה ובאופן שניכר שאין זה דרך חיבה מותר, ואין בזה משום אביזרייהו, והביא לזה דברי הרמב"ם בהלכותיו שעיקר האיסור הוא דרך תאוה דוקא, ולדבריו התיר באופן שהבאנו

מועדים וזמנים (חלק ד' סי' שט"ז):

...הבן ביקש ממני ליכנס לרבינו ה"חזון איש" זצ"ל לשאול פיו לשמוע עצתו, נכנסתי וסיפרתי לו הדברים כהויתן, והשיב מיד "לתת יד לאשה קריבה לעירות, ומאביזרייהו דגלוי עריות שיהרג ואל יעבור, ואין שום היתר בזה מפני דרכי שלום או רגילה עמה כאמו", אבל סיים דבשמירת התורה לא יבוא לידי היזק, ושהבן יתעקש ויצליח בע"ה, ואודיע לו דבר זה בשמו והבחור באמת התעקש ומיאן לתת יד עד שלבסוף האשה גופא השפיעה על הבעל לעזוב אותו למנהגו אם מתעקש  כ"כ ושלום בבית והבחור זכה ב"ה לבית נאמן בישראל והוא תלמיד חכם שזכה לשלום בית ומשפחה וחיים מאושרים!

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RJJ Halacha Journal  Rav Yaakov Koniefsky reported that the Chazon Ish had declared that if the law were indeed passed, it was the duty of every Jew to resist unto death - literally.s For him it represented an encroachment upon the prohibition of "Arayot" - immorality and licentiousness - which is one of the three mitzyot for which a Jew must choose death rather than transgress. Rav Koniefsky also writes that the Chazon Ish, the Brisker Rav, and the Tchebiner Rav all concurred that if the measure became law, every family with·a draft-age daughter would have to leave the country! So strong were they in opposing the danger that they equally opposed a similar plan to draft girls not for the army but for some alternate National Service.

They left no doubt as to the cause for their opposition - the army in any country. and Israel is no different, is a place where moral standards are relaxed. to say the least, and it was just not the proper environment for a Jewish daughter, Against their will, the girls would be affected by the atmosphere and the environment to which they would be exposed, a milieu which would replace the positive reinforcement they would have gotten at home from parents and family.

Rabbis Isser Zalman Meltzer and Tzvi Pesach Frank also issued pronouncements that a person must choose death rather than accede to the government decree, as did the Steipler Rav and Rav Shach. When another rabbi suggested that perhaps it would not be so terrible if the girls served under carefully supervised conditions, the Chazon Ish retorted that the rabbi's opinion was totally worthless and, had he had any children, he would not have been able to say something like that The Chazon Ish actually ruled that the Sabbath should be desecrated to avoid compliance with a draft order and urged parents and teachers to inculcate young women with the laws of dying "al kiddush Hashem;' in sanctification of the Name

Dr. Benny Brown's Biography of Chazon Ish

Haaretz   It is to Brown’s credit that he has rescued the Hazon Ish from ultra-Orthodox hagiography. Brown treats his subject with the respect he deserves and with more than a little empathy. At the same time, he views him as flesh and blood, and does not refrain from disclosing moments of weakness in his life. One mark of Brown’s success is the sharpness of the Haredi response to his book. It seems that more than anything else, the ultra-Orthodox cannot forgive Brown for saying the Hazon Ish − whom they consider one of the inspirations for the creation of a “learning society” in which Haredi men learn Torah all day instead of working, regardless of their scholarly aptitude − never believed that men must do nothing but study Torah, and that he was not opposed to army service or participation in the workforce.

While it may seem that it’s the gedolim who shaped the Haredi ethos as we know it today, the society is influenced by many more dynamics and constraints than the greats could have foreseen. The object of the hagiography, then, is to reinvent the images of the greats to suit the needs of the ultra-Orthodox ethos as it stands today. And woe is the critical scholar who reveals the gap between myth and reality.

In response to Brown’s book, Rabbi Abraham Isaiah Bergman wrote in the Haredi newspaper Yated Neeman: “These people [critical scholars] who have not ever read and have not studied and have never gotten close to Torah scholars, and think that they have touched an angel of God even though they have not come close at all ... I say to them: You who are coming to trample my courts, who are you to come here with donkeys [which can never become kosher animals]? ... Let the source of living water [a reference to God and the Torah] be.

Benjamin Brown’s book on the Hazon Ish is an impressive scholarly achievement, an important signpost in the study of ultra-Orthodox society. Anyone who wants to understand the Haredi world, with its obvious implications for Israeli society in general, must not miss this book.

Moser - Shulchan Aruch/Rema C.M. 388:5

Guest Post by Stan   Shulchan Oruch/ Rema Choshen Mishpot 388:5

Litigants who have a disagreement over land or over movable objects, this one says it is mine and this one says it is mine and one of them got up and informed (to the secular/ non Jewish authorities) then Bais Din (is obligated to) puts the one who forces (i.e. the informant) in cheirem until it reverts to how it was before and the hand of the forcer (through secular court) is removed between them and they have a Din Torah.

The Rema adds that the informant does not have the din of a moyser even though he made his "friend" have a very big loss because this is not called mesirah unless he intended to cause his friend damage but it is not mesirah where he (only) intends to retrieve what belonged to him (and there are those who disagree etc).

Please explain how we see from this Rema that a woman who goes to arko'oys for a divorce is not a moyser?

a) This case is talking about monetary matters, not other matters.
b) Even if you want to argue that it applies to non-monetary matters as well, merely by simply asking for a divorce the woman is almost inevitably harming the man unless he does not mind.
c) If the woman asks for anything that she is not entitled to al pi halocho, she is most definitely a moyser from this Rema e.g. alimony, equitable distribution etc.
d) If the children are boys and if she asks for custody and the halocho is that the boys go with the father, she is a moyser.
e) If she says anything bad whatsoever about the father to the courts, she is damaging the father and so is oyver mesirah.
f) If she asks for child support from the courts in the US, which many poskim including Rav Sternbuch hold is awarded excessively relative to the halochoh, she is a moyser.

So please explain to us, how unless in an extremely rare case, a woman going to arko'oys in the US is not a moyser?

Please explain to us why you conclude that such a woman in not a moyser? Who are you kidding?

Abuse viewed differently 30 years ago?

NYTimes This year, Lisa M. Friel, the former Manhattan prosecutor who has helped Poly Prep bolster its sexual-abuse-prevention program, angered plaintiffs in a lawsuit against the school when she said in an interview that “people had very different understandings of what sexual abuse was in the ’60s and ’70s and what a pedophile was.” 

 One problem with an argument like Mr. Lin’s is the extent to which it belies the secrecy surrounding the kind of encounters he describes. If things had, in fact, been as open, freewheeling and inoculated from reproof as he and others might have chosen to believe, then the sex that transpired between teachers and students would not have happened so clandestinely, with wrenching admissions and discussions arriving only 20 and 30 years later.  

 Times are different, in that more children who have been abused say so. In his research, David Finkelhor, a leading expert on sexual abuse who wrote one of the 1980 books, has found that now, in 50 percent of sexual abuse cases, the child’s victimization had been reported to an authority, compared with 25 percent in 1992. Dr. Finkelhor has also found that the number of substantiated cases of abuse has dropped 62 percent from 1990 to 2010. 

While it is true that the world of parental vigilance we inhabit now was not yet manifest in the ’70s or even the ’80s, when much of the abuse at Horace Mann is said to have happened, it skews reality to imagine that the sexual abuse of children is an issue that only recently has seen the rays of the sun. By 1974, years before the arrival of Lifetime television and its relentless airing of crisis dramas, ABC offered an hour of the series “Marcus Welby, M.D.” devoted to the case of a 14-year-old boy who had been raped by a science teacher during a field trip.

Military Conscription for Ultra-Orthodox Jews & Arabs

NYTimes  Prime Minister Benjamin Netanyahu’s supersize coalition was showing its first serious signs of stress on Friday in its quest for a more universal draft system in Israel. 

An effort that has so far focused on phasing out mass army exemptions for ultra-Orthodox Jews suddenly became more charged as right-wing nationalist parties decided to press the equally — if not more — contentious issue of national or civilian service for Israel’s Arab citizens.  

The issue is highly provocative. While most Jewish Israelis, and Druze men, are conscripted at 18, Israeli Arabs are generally not required to perform mandatory military service, though they may volunteer. 

Recent polls have shown that despite a rise in the number of Arabs volunteering for civilian community service, a growing majority of Arab youth are opposed.  A survey published in May by Haifa University found that 40 percent of Arab youths in Israel were willing to volunteer for civil service in 2011, compared with 53 percent in 2009. The Haifa University study also found that 90 percent of the Arab volunteers were girls providing educational and welfare services in their communities. 

Mondrowitz with D.A. Hynes in hot pursuit?!

NYTimes  For years, Avrohom Mondrowitz counseled children out of his home in the Borough Park neighborhood of Brooklyn. He was host of a call-in radio show popular among ultra-Orthodox Jewish listeners, claiming to be a rabbi and psychologist. But law enforcement officials say Mr. Mondrowitz, who fled to Israel in 1984 to avoid arrest, was also something else: “a compulsive pedophile.” 

The Brooklyn district attorney, Charles J. Hynes, has repeatedly said that since taking office in 1990, he has vigorously tried to extradite Mr. Mondrowitz. Mr. Hynes has said his office was instrumental in bringing about a change in a treaty between the United States and Israel in 2007 that had thwarted early extradition efforts.  

But newly disclosed documents from Mr. Hynes’s office cast doubts on his accounts of his role in the case, suggesting that for many years, the office paid little attention to it. 

“There isn’t a single e-mail, a single letter, a single memo, either originating from the D.A.’s office or addressed to it, that so much as mentions any attempt by the D.A. to seek a change in the extradition treaty,” Mr. Lesher said. “It’s just inconceivable that such important negotiation on such a detailed issue could have taken place and not left a trace in the documentary record.”

Keeping cool in modest clothing

NYTimes  When the mercury passes 90, most New Yorkers start to wilt. Many resort to shorts and tank tops, even in the office. More than a few bankers and lawyers reach for their seersuckers. 

Yet amid all the casual summer wear, in some neighborhoods more than others, Hasidic men wear dark three-piece suits crowned by black hats made of rabbit fur, and Hasidic women outfit themselves in long-sleeved blouses and nearly ankle-length skirts. To visibly cooler New Yorkers, they can look painfully overdressed.

In the Hasidic world, the traditional fashion code and interpretations of ancient Jewish law dictate modesty for a woman — a concept known as tzniut — so even on sizzling days women conceal their necks, arms and legs, and married women don wigs, head scarves or turbans to hide their real hair. While Hasidic men do not feel the modesty obligation to the same degree, they believe that it is a mark of humility and respect for others to dress formally when encountering the world.

In Borough Park, women snatch up neckline-hugging shells that allow them to wear thin, long-sleeved and open-necked blouses from, say, Macy’s. Hasidic men seek a frock coat made of lighter-weight, drip-dry polyester, without a shape-holding canvas lining, and lightweight weaves in the fringed, four-cornered, woolen poncho known as tzitzit, a daily version of the prayer shawl that is worn over a white shirt. Also, men will go jacketless when working or driving, though any substantial stroll along a public sidewalk requires a suit jacket or frock coat, known in Yiddish as a rekel or in its longer and fancier Sabbath version as a bekishe. 

Child abuse rates higher in Israel

JPost   Reports of child abuse in Israel have steadily grown over the past three years, as the number of reported cases in the US is decreasing, according to recent data the Jerusalem-based Haruv Institute collected and provided to The Jerusalem Post this week.

The data presented by the institute, which not only researches the phenomenon but also provides training to professionals working in the medical, educational and community fields, shows that in Israel in 2010 the number of reported child abuse cases was 18.9 for every 1,000 children, compared to 8.7 for every 1,000 children in 1995. The US figures for 2010 were 10 reports for every 1,000 children, compared to 14.7 reports for every 1,000 children in 1995.

While part of the rise in reporting of child abuse cases in Israel stems from greater awareness among professionals and society as to what constitutes abuse and how to report it, Haruv Institute director Prof. Asher Ben-Arieh said it has more to do with an alarming increase in violence throughout Israeli society in general.