Friday, August 17, 2012

Arrests for alleged US-Israeli money laundering ring

NY Daily News Three Brooklyn men were charged Wednesday with participating in an international conspiracy to launder millions in drug money through local check cashing businesses.

Assistant U.S. Attorney Daniel Tehrani said that conspiracy touched cities in England, the U.S. and Israel and resulted in law enforcement seizures of more than $2.3 million in narcotics proceeds.

Tehrani said that acting on orders from two co-conspirators in Israel, Samuel Ashkenazi, 43, picked up hundreds of thousands of dollars in Boston and Hartford and brought it to The Money Spot, a Brooklyn check cashing business run by Samuel Goldberger, 34. [...]

Thursday, August 16, 2012

Security cameras delayed over police access

NYDaily News  A state-funded program expected to put 150 cameras in two Brooklyn neighborhoods has been stalled amid concerns that police may not have access to the footage of certain crimes, sources said.

In a recent interview with The Jewish Daily Forward, Jacob Daskal, who coordinates Shomrim in Borough Park, said cameras work best “if it’s a private thing.”

“If it’s a public thing, it might hurt a person who doesn’t want to arrest her husband for domestic violence,” he said.

The NYPD bristled at any suggestion that footage from security cameras wouldn’t be shared with police. “We don’t think there should be any filter between the police and a victim of a crime or evidence of a crime,’’ said Deputy Police Commissioner Paul Browne, the NYPD’s top spokesman. “If there’s a crime, we’ll decide.”

See Forward article

Jewish Exponent reports Friedman assault

Jewish Exponent   The man who is at the center of a controversy for refusing to grant his ex-wife a get, or a Jewish divorce, was allegedly assaulted two weeks ago in Bala Cynwyd after dropping his 4-year-old daughter at her grandmother's house. 

At least one blogger has hinted that the alleged assailants may have been supporters of the victim's ex-wife, but a group that lobbies on behalf of agunot, or "chained women" who are denied divorces, says that's unlikely.

The alleged incident took place on a residential street at 6 p.m. on July 29, according to Tom Walsh, a spokesman for the Lower Merion Township. The police department does not release the names of victims, but Friedman told the Jewish Exponent that he was the one attacked. [...]

Rabbi David Eidensohn of Monsey, N.Y., who has spoken on behalf of Friedman, said the man has been shunned in the Orthodox establishment. His brother, Daniel Eidensohn, has blogged extensively about the alleged incident at daattorah.blogspot.com

"There were two or three people dressed in black who attacked me, at least one of whom was wearing a mask," Friedman said of the incident, which occurred on Tisha B'Av. "I had to go to the hospital afterwards. I was hit pretty hard. I was able to get away."

Walsh said there were "no weapons seen and the victim said there was no verbal communication." He added that no one has been arrested and an investigation remains ongoing.
 

Wednesday, August 15, 2012

Early Divorce for "trivialities" amongst Orthodox Jews

crosscurrents  Rabbi Yitzchok Adlerstein

Shaya Ostrov, an Orthodox marriage counselor, relates how he was told recently by someone he was counseling, “So what if I get divorced? Most of my friends already are, and they’re waiting for me to join them.” And this from a young kallah: “I’m not thrilled by his looks, and I don’t see why I should settle. Most of my friends have broken engagements and seem to be doing just fine. According to Rabbi Weinberger, a shocking percentage of the young divorces are over “trivialities,” not triggered by the serious issues that typically compromise marriages of middle-aged couples, such as familial trauma, unremitting financial pressure, or an affair. As an example of such “trivialities,” Shaya Ostrov cites a young kallah from a “heimish” background who decided her chosson was too boring because he did not fully appreciate her love of bungee jumping.

Rabbi Doniel Frank points out [that] for those couples who have not navigated the developmental stages leading to young adulthood, expanded pre-marital training will be neither welcome nor engaging, and is unlikely to have much impact. More and more of our young people have not passed those stages. In an era in which social scientists speak of a period of “emerging adulthood” (which resembles an extension of the teenage years) into the late twenties, it is hardly surprising that the Orthodox community should have been adversely affected, and with particularly tragic results due to the societal norm of comparatively early marriage.
As noted by Dr. Yitzchak Schechter and others, too many Orthodox young people enter marriage with unrealistic expectations of instantaneous bliss and without any commitment to the hard work necessary to build and sustain a marriage. They have never had to work hard for anything in their lives or been forced to deal with situations outside of their “comfort zone.”

Shmuli Margulies, the founder of MESILA, an organization that trains individuals and families in issues connected to money management, points out that even the basic principle of financial education – a person’s spending is determined by his income – is unfamiliar to many young couples. Spending decisions are dictated more often by what their friends and neighbors have than by what they can afford.
But the problem goes deeper than that many of our children are spoiled and overprotected, argues Rabbi Frank. Many Orthodox young people have never adequately developed a sense of their own individuality (Rabbi Yaakov Kamenetsky once described every yeshiva as, to a greater or lesser extent, a “S’dom bed,” in which students are cut to the needs of the institution). And this lack of self-knowledge is expressed in deficits in their ability to make decisions, set goals, establish priorities, and plan for the future – all of which are crucial to a successful marriage. When it comes to shidduchim, they have long lists of what they want but a much weaker sense of what they have to offer a spouse.

As summed up by Dina Schoonmaker’s title “Marriage Preparation Begins at Age Two,” children must learn early in life that their emotional state need not be determined by whether they attained some desired object or not, and taught techniques in controlling their emotional states.

Monday, August 13, 2012

Rabbinic Court allegedly ignored testimony on pedophile rapist

Haaretz  The Jerusalem Rabbinic Court allegedly ignored evidence of serious sex crimes perpetrated by a teacher in an ultra-Orthodox elementary school for boys, Haaretz has learned.

The police found out about the alleged crimes only 18 months after the religious court was first informed of them, and indicted the teacher last month.

The teacher, Gil Goren, 45, lived and taught in a settlement in the northern West Bank. In 2010 a soldier living in the community said that Goren had raped him when he was a teen, but initially refused to file a police complaint.  [....]

Nir Alfasa, the Public Defender's Office attorney representing Goren, said the evidence in the case was "old and very shaky by the time the rabbinic court was made aware of it and therefore the police were not involved, since the complaint was made anonymously."

Alfasa said his client would respond to the charges in court and that for the past two years "harmful behavior had not repeated itself."

Hassidic couple on cruise- documentary

YNet  Bedroom. An ultra-Orthodox couple belonging to the Hassidic Gur dynasty is packing for a two-week cruise in the Mediterranean. She complains he is squishing her wig; he chides her for taking too many hangers. The shtreimel fur hat, still carefully wrapped ahead of a romantic stroll in Venice, is proudly displayed on its new owner's head. All this takes place in front of a filmmaker who is, in any way, an "ultimate stranger."

That is the opening scene of the fascinating British documentary "Kosher Cruise," which aired on Israel's Yes Doco channel for the first time last week. As the film unfolds, that intimate scene will signify the beginning of an in-depth look into the relationship of an ultra-Orthodox couple – Gaby and Tikwah Lock, who have been married for 40 years.

Sunday, August 12, 2012

תקדים: ראב"ד העדה החרדית תוקף בחריפות את 'אתרא קדישא

KikarShabbat

ראב"ד 'העדה החרדית' הגאון רבי משה שטרנבוך תוקף בחריפות את ארגון "אתרא קדישא", שמארגן הפגנות סתמיות ומיותרות נגד חילולי קברים כביכול, ואף רומז כי אנשי הארגון שיקרו את מרן הגר"ש וואזנר וגרמו להוצאת נפטרים יהודים ממנוחתם. המכתב המלא (חדשות, חרדים)

Saturday, August 11, 2012

Is the paiche fish kosher?

Time Magazine   The paiche, also known as pirarucu or by its scientific name, arapaima gigas, can grow up to 10 feet and weigh up to 500 pounds.  It is sought out for its tasty white meat. Barely changed from the Miocene era (which ended more than 5 million years ago), the living fossil is easy to catch with a harpoon or net because it has to come to the surface to breath. Other fish breathe underwater, taking oxygen from water through their gills.

The combination of taste and the ease with which it is landed nearly led to the demise of the paiche, which is included on a list of controlled species by the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Antipsychotic Prescriptions in Children Have Skyrocketed

Time Magazine  There is much evidence that the vast increases in atypical antipsychotic prescribing in recent decades were fueled by the aggressive marketing tactics of drug companies. In recent years, every major manufacturer of atypical antipsychotics has been involved in the illegal marketing of the drugs (while doctors can prescribe drugs off label, it is against the law for drug makers to market them for off-label uses), each ultimately paying hundreds of millions to billions of dollars in fines for their sales and marketing tactics. The settlements with the U.S. government were among the largest in history.

The new study, published in the Archives of General Psychiatry, found that in 2005-09 nearly two thirds of all antipsychotic prescriptions for youth were written for ADHD and other disruptive behavior disorders; these conditions accounted for 34% of all antipsychotic prescriptions for teens. Yet there is little data supporting the safety or efficacy of the drugs for those conditions. The drugs’ effect on children’s brain development is also not known, but their side effect profile is clear: aytpical antipsychotics are known to cause weight gain and diabetes, side effects to which children seem particularly prone.

“As the actual evidence base that would support [such off-label prescriptions of antipsychotics] is scant to non-existent, and the evidence of permeating undue influence of pharma on prescribing practices in psychiatry is abundant, one is led to the conclusion that this is another example of irrational prescribing that can be traced to both the overt and tacit influence of [drug companies] on practitioners,” says Dr. Bruce Perry, a senior fellow at the ChildTrauma Academy. [Full disclosure: Perry and I have co-authored two books.]

Perry testified for the state of Texas in a case that resulted in a $158 million settlement with Johnson and Johnson in January to resolve claims that it fraudulently marketed Risperdal and swindled the state’s Medicaid program. One aspect of the case involved misleading claims about the drug’s effectiveness for behavior disorders in children.

Thursday, August 9, 2012

First indictment in police pedophile sting operation

 YNet  Last month, police arrested more than 30 suspects as part of an extensive undercover investigation, headed by the National Fraud Unit, and described as the first and largest of its kind to ever take place in the country. 

The majority of the suspects have no criminal record; and include students, civil servants, a defense establishment official, a former police officer and an agronomist – to name a few.

According to the police, they range in age from 20-57 and reside all over Israel. "We can't put our finger on anything specific and say 'this is the profile,''" a source privy to the investigation said.
 

A first indictment was filed in the pedophile affair which was exposed through a police sting. A 57-year-old Jerusalem resident was accused of speaking to a police agent masquerading as a 12-year-old boy and setting up a meeting with the intention of having sexual intercourse.

Wednesday, August 8, 2012

Aharon Friedman beaten when returning child to wife

Washington Jewish Week by Suzanne Pollak  Aharon Friedman, the target of much criticism and ostracism for not giving his former wife a get, a Jewish religious divorce, was allegedly beaten up last Sunday as he returned their daughter to her mother's Pennsylvania home, according to several sources. 

A spokeswoman for the Lower Merion police department said the matter "was under investigation. There is a report out there, but we are unable to release it."

According to two people who telephoned Washington Jewish Week as well as a posting on the blog Daas Torah, Friedman went to the home of Cheryl Epstein, where his former wife, Tamar, and their child currently live. As he was leaving the property, Friedman was assaulted by two or three people, one of whom was wearing a mask.

Friedman, who lives in Silver Spring, is said to have been hit on the head and knocked to the ground, causing his glasses to be smashed.

Following the incident, Friedman went to the police department and to the hospital where he underwent a CT scan.

Rabbi David Eidensohn of Monsey, N.Y., who has written about Epstein's quest for a get, called WJW after learning of the incident. He stressed that a forced get is invalid. He called on those involved in the incident, in which he included anyone who egged people on to violence, to refrain.

He specifically pointed to Rabbi Hershel Schachter, one of the leading rabbis of the Rabbi Isaac Elchanan Theological Seminary (RIETS) at Yeshiva University in New York. Rabbi Schachter has come out strongly against men who refuse to give a get in letters, videos and audio tapes posted on the Internet.[...]

Livni to CNN: Netanyahu sold Israel to haredim

YNet  In the interview , Livni attacked the Likud party for "surrendering to the haredim" and granting them a monopoly on the Jewishness of the State of Israel.

"Politically speaking, Israel is being sold to the ultra-Orthodox," Livni told Amanpour, adding that "the ultra-Orthodox represent a small portion of the Israeli society. They represent part of our history and tradition, but unfortunately they now have more power than they should."

“Netanyahu said himself, that for him politically, the ultra-Orthodox are his natural partners. And I believe that the raison d’etre of the State of Israel is to be the homeland of the Jewish People," she said adding that "for me being a Jewish state means something from a national perspective, not a religious one.”

Addressing the issue of the haredi military draft, Livni said that "each and every Israeli citizen needs to contribute to the society in which we live in. Unfortunately, because of political reasons, the State gives them (haredim) the monopoly, and this must be changed."

Hareidi radio fires talk show host who called Religious Zionism - "cancer"

YNet  Haredi radio station Kol Barama has decided to fire a radio talk show host after he offended leaders of the religious Zionist movement.

In his radio show, focusing on Jewish faith and national issues," anchor Avraham Tamir said that religious Zionism is "'a cancer at the body of the Jewish faith," and that "its rabbis are criminals, trying to bring down Jewish faith."

Tamir's radio program was part of a series of conversations about the "national rift" and the issue of the universal draft. Referring to Rabbi David Stav, who called upon haredim to enlist in the IDF, Tamir said he was "either a heretic or a fool, and most likely both." And to Rabbi Eliezer Melamed, who also encouraged haredim to join the army, Tamir referred as a "brat" and a "fool."

Sunday, August 5, 2012

Chasidic hats - made in Spain

NYTimes  But despite the Spanish economic crisis, the hat company is thriving, thanks to an unlikely revenue base: the sales of thousands of black hats each year to Satmar Hasidic Jews in Jerusalem and Brooklyn.

“They are saving us in the crisis,” said Miguel García Gutiérrez, 35, the managing director of the Roche factory, officially known as Industrias Sombrereras Españolas, which operates in an industrial park in Salteras, about nine miles outside Seville. “We have an important market in Spain for traditional hats, but with the crisis those sales have fallen for the last three years, between 20 and 30 percent. But our exports are rising for hats for Orthodox Jews.”

Child prostitution ring & Islamophobia

BBC with background by  Skylar Curtis

The men, from Rochdale and Oldham, "groomed" girls, one as young as 13. 

Liverpool Crown Court heard the men plied their victims with drink and drugs so they could "pass them around" and use them for sex.

The case, involving Asian defendants and white victims, sparked protests by far-right groups but police insist the grooming was not "racially motivated".

The offences which centred on Heywood included rape, trafficking girls for sex and conspiracy to engage in sexual activity with a child.

A failed police investigation in 2008 allowed the abuse to go undetected for another two years. 

Mohammed Shafiq, chief executive of of the Ramadhan Foundation, accused Pakistani community elders of "burying their heads in the sand" on the issue of on-street grooming.

"There is a significant problem for the British Pakistani community," he said.

"There should be no silence in addressing the issue of race as this is central to the actions of these criminals.

"They think that white teenage girls are worthless and can be abused without a second thought; it is this sort of behaviour that is bringing shame on our community."

Friday, August 3, 2012

Jerusalem Police commander & sexual harassment

YNet  Jerusalem District Police Commander Niso Shaham, who is suspected of sexual offences against seven female subordinates, was interrogated for hours by the Police Internal Affairs Bureau (IAB) on Thursday.

Meanwhile, the decision not to press criminal charges against Jerusalem Periphery Police Commander Nissim Edri, who failed to report the alleged sexual misconduct of Shaham, stirred controversy among top police officials.

"It's very difficult to understand this decision, especially since this is an officer who is supposed to be the leading authority of everything that has to do with ethics," a senior police officer told Ynet.

Thursday, August 2, 2012

Stanley Levitt sentenced to 10 years probabtion

Boston Globe   One-time religious instructor for a prominent Brookline school today was sentenced to 10 years probation for sexually abusing three of his students in Boston during the 1975-1976 school year.

The probation sentence was imposed on Rabbi Stanley V. Levitt by Suffolk Superior Court Judge Geraldine Hines one day after Levitt pleaded guilty in the Boston courthouse to four counts of indecent assault and battery on a child. 

He faced up to 40 years imprisonment if given the maximum, and Suffolk District Attorney Daniel F. Conley’s office today asked Hines to imprison Levitt for 2½ years. But Hines refused the request from prosecutors, saying from the bench that she was going to adhere to a plea agreement that was reached last fall between prosecutors and Levitt’s defense attorney, Scott Curtis.

Gay rage against free-speech of Chic-Fil-A

Forbes   In case you missed it, about a week ago the CEO of the very popular fast food chain said “We are very much supportive of the family — the biblical definition of the family unit”. That comment started a firestorm for the chain.

The LBGT community began in full force to try to convince people to boycott the chain regardless of the fact that the popular chain doesn’t discriminate against gays as employees or patrons. That doesn’t seem to matter in this case. It appears as though they just want to punish someone for his protected free speech point of view. They apparently convinced some in Government to support the boycott. Chicago Mayor Rahm Emanuel said “Chic-Fil-A does not represent Chicago values”. I guess Chick-Fil-A needs to have a few murders per day in their stores to meet his standard? Not sure what “Chicago values” are but, right now isn’t the time to make Chicago the standard for values.

For the first time in my life, today I visited a Chick-Fil-A to show my support for the CEO’s right to free speech. Today was billed as “support Chick-Fil-A Day”. I live in LA so, I was not expecting much in way of support but, I was not just surprised, I was blown away. The Chic-Fil-A in Northridge, California had a line that twisted throughout the parking lot. It was almost 100 degrees but, that didn’t seem to deter anyone. They were peaceful and the demographic was wide ranged. Blacks, whites, teenagers, kids, Latino’s and all other categories you could imagine. At this location their there were no anti-Chick-Fil-A protesters.

When I returned home I turned on the news to see how this would be reported. NBC in Los Angeles chose to focus on the protesters. Not the ones supporting Chick-Fil-A but, the ones protesting the supporters. The protesters are a tiny fraction to the supporters yet the media focused 90% of their attention on those few. This does not represent the truth of the actual event.

Rav Shmuel Eliyahu: Police system & sexual harrassment

YNET Rabbi Shmuel Eliyahu encourages women not to perform national service with police forces due to system that promotes sexual harassers such as former police commander Shaham 

Female police cadets tend to have a strong character. They know what they want and they know how to stand their ground. However, in the recent case involving Jerusalem District Police Commander Nisso Shaham's alleged sexual harassment of female subordinates, the situation was different. Even when one of the victims turned for help, it didn’t really do her much good and that might be the reason why the other cadets didn't dare complain, or why their close female friends, who knew of the continuous sexual harassment didn’t say anything.

I emphasize this point to all women who want to contribute to the State by serving in the police forces and I say to them: Don't do it. If the strong female police cadets felt weak when dealing with a higher authority and further felt that they would not receive the necessary backup from the police system – what will women serving in national service do?

One does not need to be too familiar with the police system to know that this incident was not uncommon. Over the past two years, two police commanders found themselves involved in cases linked to indecent sexual behavior towards women. These commanders were supposed to uphold the law and their virtue. Furthermore, they were required to protect these women from such harassment.

Stanley Levitt pleads guilty to child abuse

Boston Herald   A Philadelphia rabbi accused of preying on young boys in the 1970s — assaulting them in the hospital and in sleepovers at his former Brighton home — today pleaded guilty to multiple counts of sexual assault, ending the case just as it was about to go to trial.

Stanley Levitt, 66, faces up to 40 years in prison when a judge sentences him tomorrow on four counts of indecent assault and battery on a child, according to the Suffolk County district attorney’s office. Prosecutors say they will seek prison time.

A trial for the former Brookline religious teacher was scheduled to start today.

According to authorities, all three of Levitt’s victims were sixth-grade students in 1975 and 1976 at a Jewish day school, where he taught in the mid-1970s. Two originally came forward with accusations that led to set of 2009 indictments, while the third came forward later, telling police Levitt assaulted him during a sleepover when the rabbi told him to take a shower before bed.

Wednesday, August 1, 2012

Tamar Epstein's feelings about Aharon: Court records

 I have seen the court records which the following was excerpted
 =========================
Another Guest Post

When Tamar abducted the child she had with Aharon from Silver Spring to Pennsylvania, she left behind in the apartment notes on her marriage to Aharon.  Tamar acknowledged that she wrote these notes both in the Baltimore Beis Din and in civil court.

The following are excerpts from those notes:

Why I love/like Aharon/what I respect:

respect: shmiras halashon

loyalty - I can trust will always be at my side when crises

makpid on kashrus and davening

idealistic - can also be tiresome/absurd

loving/sweet/ affectionate/gentle to me

lets me spend money - equal share

sometimes helpful

open/honest/real to me

doesn't pressure me to go back to work

appreciates me - taking care of baby etc.

=================
Perhaps this is at least part of the reason the Baltimore Beis Din, to which the parties brought the matter, and which held several hearings in the case with the participation of both parties did not rule that a get should be given.

There are no grounds for kfia (coercion against Aharon to give a get). This is not even a valid claim of ma'os alai. How could anyone believe that a get given in this case under pressure of a kidnapping and beating (or even ORA's demonstrations) would have any validity?

Tuesday, July 31, 2012

30 suspected pedophiles arrested in sting operation

YNet  According to the police, more than 30 suspects have been arrested as part of the investigation, headed by the National Fraud Unit, and described as the first and largest of its kind to ever take place in the country. 

The majority of the suspects have no criminal record; and include students, civil servants, a defense establishment official, a former police officer and an agronomist – to name a few.

According to the police, they range in age from 20-57 and reside all over Israel. "We can't put our finger on anything specific and say 'this is the profile,''" a source privy to the investigation said.
The investigation was launched in April, after the police were able to recruit an "expert witness" – a pedophile who was arrested and agreed to collaborate with the police.

The suspect provided investigators with certain behavioral codes common in Israel's online pedophilia community, thus enabling them to construct a virtual profile of a 12-year-old girl.

Fear of cutting down fruit trees

NYTimes In certain Orthodox Jewish communities, from Borough Park to Monsey, N.Y., rabbis say, there is a strong aversion to chopping down fruit trees, which results from some combination of biblical verses, Jewish law and mystical documents that prohibit destroying them wantonly. In New York City, where space is tight and the option to build out in another direction generally does not exist, that means friendly neighborhood foliage can present an especially hard challenge.

“It’s an extraordinary reminder of the kind of spiritual consciousness people need to be able to sustain, particularly in urban settings,” said Rabbi Saul J. Berman, an associate professor of Jewish studies at Yeshiva University. “You see this tree and the way it’s being guarded, and suddenly you realize there’s something going on here besides just human needs.”

This broader consideration, however, does not always come cheaply, as Mr. Wieder can attest to, or easily. 

Others have wrapped more than just a staircase around a tree in the name of keeping it alive — like, for example, an entire building. 

At Shloimy’s Bake Shoppe on 12th Avenue in Brooklyn, where flaky perfection can be found in the form of hand-rolled rugelach, there is a glass enclosure toward the back, right behind a giant oven and stacks of baking trays. Inside this glass box, which is open to the sky, is a berry tree. 

“When we bought this place, we thought we would build all the way back, and then it became summer,” said Joe Leiberman, whose family owns the bakery. “We saw it was a fruit tree, and we changed all the plans.” 

Interpretations may vary, but several rabbis, including Rabbi Berman, Rabbi Mayer Schiller and Rabbi Gavriel Zinner, who has written more than two dozen books on Jewish law and tradition, say this practice emerged from a passage in Deuteronomy: Even in wartime, one should not chop down your enemies’ fruit trees. There are also Talmudic sources, some said. And a mystical document called the Will of Rabbi Yehudah HaChosid, which dates back nearly 1,000 years and tends to hold more sway in Hasidic communities, took it further. 

“He very cryptically asserted that it’s really dangerous to cut down a fruit-bearing tree because you’re tampering with God’s property,” Rabbi Berman said. “And if you want to tamper with God’s property, be cautious.”

Rabbinic court permits "divorcee" to marry Cohen

Ynet   Jewish law states unequivocally that a Cohen cannot marry a divorced woman, but there are exceptions. The Tel Aviv Rabbinical Court last week ruled that it would approve the divorce of two people who married in a civil service in the US – but that the divorce would not interfere with the woman's marriage to a Cohen.

Israeli law determines that the act of divorce between two people must go through the Rabbinical Court. The couple married in January 2006 in a ceremony with a Christian judge, in the presence of the bride, the groom, and one of the bride's friends. 

Both sides and their relatives testified that they were told the marriage was for the purpose of getting the woman a work visa in the US. The couple lived together for four months.  

Now the couple sought to end their marriage and define themselves as divorcees – without the husband giving her a 'Get' (Jewish divorce document). The woman testified that she has been in a relationship with a Cohen for over a year and that she wishes to marry him according to Jewish tradition. The husband also stated that if he were to marry in the future he would choose to marry according to Jewish tradition.

In light of the circumstances, the court decided to respond to the couple's request. The Dayanim ruled that the woman's request to marry a Cohen meant that she was in the halachic state of 'Shaat Dachak' (time of distress) where it is possible to facilitate their request and enact a divorce without a 'Get.'

Monday, July 30, 2012

Feeling Hopeless, a Tisha B'Av Writing

I just received the following letter with an attachment which I am publishing here.
Guest Post: I have been following your blog for quite some time now, and I feel really grateful for all the postive work you are doing. I was wondering if you would be ok with posting the attached letter that I wrote this Tisha B'Av on your blog.  Many thanks. 

Mishpacha strongly advocates alternative medicine

There is a bizarre debate going on in Mishpacha magazine regarding one of their columnists who is a strong advocate of alternative medicines and a strong critic of conventional medicine. This is even more bizarre considering an excellent article published in Mishpacha by Debbie Shapiro in 2010 regarding a person who nearly died from an alternative "cure" that disregarded conventional medicine. The columnist defends himself by stating that he is just presenting information and it is up to the reader to decide how to use it. I find that rather a poor excuse especially when the columnist is presented as a rabbi in a magazine which emphasizes rabbinical authority in all areas of life. Here are the recent exchanges of letters which were published in the Hebrew Mishpacha.

Aleppo Codex - who stole it? II

NY Times  The story of what happened next — how the codex came to Israel and where the missing pages might have gone — is a murky and often contradictory one, told by many self-serving or unreliable narrators. In his book, “The Aleppo Codex: A True Story of Obsession, Faith and the Pursuit of an Ancient Bible,” published in May by Algonquin Books, the Canadian-Israeli journalist Matti Friedman presents a compelling and thoroughly researched account of the story, some of which served as the catalyst for additional reporting here. [...]

“The official version of the story, the one I knew at the outset, states that the Aleppo Codex was given willingly to the State of Israel,” Friedman told me. “But that never happened. It was taken. The state authorities believed they were representatives of the entire Jewish people and that they were thus the book’s rightful owners, and also, perhaps, that they could care for it better. But those considerations don’t change the mechanics of the true story — government officials engineered a sophisticated, international maneuver in which the codex was seized from the Jews of Aleppo, and then arranged a remarkably successful cover-up of the fascinating and unpleasant details of the affair.” [...]

During the course of the work, which took six years, Maggen, the head of the museum’s paper-conservation lab, discovered something of major significance: Until then, the story that had been officially told was that the missing pages were destroyed in the blaze at the Aleppo synagogue, a theory supported by the purple signs of charring that existed on the edges of the rescued pages. But Maggen found that the purple markings were not caused by fire at all, but rather by a mold that discolored the pages. If these pages weren’t damaged by fire, then how could the others have been destroyed?[...]

In an interview shown in 1993 on Israel national TV, Moussaieff recalled: “They put the suitcase on the bed, opened it, opened a silky paper that was covering it. All of a sudden, my eyes popped out. I saw between 70 and 100 parchment pages lying on top of each other, inscribed with black ink that because of time had reddened slightly. In large letters, about double the size of a Torah scroll’s letters, with vowels. The handwriting was a little like a dancing handwriting. . . . I have no doubt that what I saw was part of the Aleppo Codex.”

The two argued over the price, and Moussaieff finally offered to buy only part of the manuscript, to which Schneebalg replied that it was all or nothing. In retrospect, Moussaieff would admit that he made a huge mistake. As he told a reporter from an Israeli newspaper in 1993: “I was greedy. I tried to make a lower offer, thinking perhaps they would agree to take less. The price they were asking wasn’t sky-high, but I tried to bargain with them. That’s how I lost the codex. Another buyer paid $100,000 more than I was ready to pay. . . . It’s with an ultra-Orthodox Jew in London. I have no intention of revealing his name.”

Sunday, July 29, 2012

Mother flees to protect her child from female "husband"

The biological mother in a lesbian relationships decides to repent and leaves her partner to whom she is legally married to in Vermont. The partner demands visitation rights - and the mother flees the country with her daughter to save her from her immoral partner.

NYTimes  Lisa Miller and Janet Jenkins met at an Alcoholics Anonymous meeting in Falls Church, Va., in 1997. In later interviews, with supporters and her lawyers, Ms. Miller described growing up with a mentally unstable mother and dealing with her own problems of pill addictions, food disorders and self-mutilation. After a failed marriage and a suicide attempt, she said, she began seeing women.
Ms. Jenkins, when they met, had recently ended a long-term relationship with a woman.

“It was a normal courtship, and we fell in love,” Ms. Jenkins recalled. “We wanted to have a family and spend the rest of our lives together.” 

They became pioneers of sorts: in 2000, soon after Vermont became the first state to offer civil unions, they traveled there to seal the relationship, adopting the joint surname Miller-Jenkins. 

When Ms. Miller decided to get pregnant through in vitro fertilization, they picked a donor with Ms. Jenkins’s green eyes. Isabella Ruth Miller-Jenkins was born in Virginia on April 16, 2002. Ms. Jenkins cut the umbilical cord as her own mother, Ruth, stood in the room. 

Preferring to raise a family in a state that endorsed same-sex relationships, the couple moved to southern Vermont. They bought a two-story house within walking distance of a grade school in Fair Haven, a small town known for Victorian houses and summer music on the village green. 

Ms. Miller later said in interviews that even before the move, she was rediscovering Christianity and questioning her lesbianism. During her difficult pregnancy with Isabella, “I promised God that if he would save my baby, I would leave the homosexual lifestyle,” she said in notes she left for one of her lawyers, Rena M. Lindevaldsen, associate dean of the Liberty University Law School. Ms. Lindevaldsen describes the notes in “Only One Mommy,” New Revolution Publishers, her 2011 book on Ms. Miller and what she calls the threat of “the homosexual lifestyle.”

Friday, July 27, 2012

Polygamy - a Mormon family with 3 wives

Time Magazine  Polygamy is one of the few practices that still evoke genuine disgust in people. It’s a watchword for ignorance, sexual depredation, oppression of women and weird, culty outfits. But spurred on by the same-sex marriage debate and more-sympathetic portrayals of polygamists and polyamorists in our larger culture, some plural families are coming out of the shadows and beginning to advocate for their way of life.

One of these families, the Dargers, independent fundamentalist Mormons, invited me into their home to check out how they live. I report about it in the Aug. 6 issue of TIME, which subscribers can read here. The Dargers are a model non-monogamous family. They’re attractive, they dress well, and they labor mightily to provide for their 23 kids.

This helps because their setup is pretty weird: Joe, the patriarch, is married to three women, two of whom are identical twin sisters. He married one of those sisters (Vicki) and another woman (Alina) at the same time, after dating them at the same time, all at the women’s consent. It gets weirder. Val, the other twin, was married to another polygamous guy and had five kids with him before she fled. Vicki and Alina told Joe that he should marry her too, they say. So he did.

But for a deeply unconventional family, they look pretty normal. (Watch a video about their life here.) They live together in a cheerfully messy house outside Salt Lake City, with three master bedrooms, boatloads of items bought in bulk and eye-watering amounts of laundry.

Thursday, July 26, 2012

Pilegesh: Sh.Aruch E.H. 26:1 - Summary of Views

The basic question is whether pilegesh represents an alternative form of marriage based on equality rather than subordination - which has minimum responsibility and benefits but is also readily ended without the problem of Aguna  or whether it constitutes a relationship based primarily on lust and irresponsibility and thus is harmful to society, family and the individual. In the following posting I plan to summaries the different views as found in Otzer haPoskim.

Shulchan Aruch (E.H. 26:1): A woman is not considered an eishes ish (married woman) except by means of kiddushin in which she is properly sanctified. However if their relation is just fornication - not for the sake of kiddushin – she is not considered a married woman at all. Even if they have sexual relations for the purpose of marriage – which they agree to privately between them – she is not considered his wife even if he designates her to be exclusively for him. In fact not only is she not considered his wife but we force him to remove her from his house. Rema:  That is because a woman in such a relationship will be embarrassed to go to mikveh and consequently they will have sexual relations when she is a niddah (Tur). However if she is designated for an exclusive relationship with him and she goes to mikve there are those that say that is the pilegesh mentioned in the Torah  (Ravad). And some say (Rambam, Rosh  and Tur)  that such a relationship is punished by lashes because it violates the prohibition of kadesha (prostitute) Devarim (23:18).

 Does a pilegesh have kiddushin or not? If there is no kiddushin does that mean that a get is not required? Kesubos 51 states that a pilegesh has no kiddushin and has no kesuba. This question ultimately is whether a pilegesh is an eishes ish or not.  If she is not an eishes eish then does that mean she is a kadesha or zona?

The Otzer haPoskim simon 26 divdes the halachic views into a number of groups

1) Pilgesh is prohibited because we have a positive command to have kiddushin

2) Pilegesh is prohibited because she is not an eishes ish which can only be produced through kiddushin and therefore she is considered a prostitute

3) Pilegesh is only permitted for a king - and there is no kiddushin or kesuba - for an ordinary person she is considered a prostitute.

4) Pilegesh is prohibited by rabbinic decree

5) Pilegesh is permitted

6) Pilegesh is permitted by the Torah but it is morally destructive and therefore it is prohibited.

7) Pilgesh is permitted by the Torah but it constitutes an additional wife which is prohibited by Rabbeinu Gershom

8) Pilegesh is in fact permitted but has not been done for many years - but in situations of need it can be permitted.

In addition there is a major dispute as to whether kiddushin and a Get is required. Furthermore there are some such as Tosfos (Gittin 6a) which imply that the problem with pilegesh is maris ayin (rather than eishis ish) because people think she is an eishes ish. Therefore it is the minhag not to take her back if she has an affair with other men and similarly that she is given a get if she wants to quit the relationship.
 [to be continued]

Molester Andrew Goodman now faces possible life sentence

NYDaily News  A convicted child molester who got off with a measly two-year sentence from a Brooklyn judge was slapped with federal charges Wednesday that could put him away for the rest of his life.

When Andrew Goodman was sentenced in state Supreme Court last month on 48 counts of sexually abusing two young brothers, the creep professed his love for one of the victims, who was present in the courtroom.

But Goodman now faces a damning complaint charging him with the interstate transportation of a minor for the purpose of sexual assault.

Goodman, 27, is accused of traveling with the then-15-year-old victim in February 2010 to Atlantic City where he raped and sodomized the boy in a hotel room. If convicted, Goodman faces a mandatory minimum of 10 years in prison and a maximum of life .

Chareidim flock to museum exhibit about Chassidim

JPost   The traditional way that hassidic men wear their coat is with the right side closed over the left side. This is because the right symbolizes mercy and the left symbolizes judgment, and they want their clothing to be an expression of the wish that God’s mercy will triumph over all.

This is just one of the tidbits from the Israel Museum’s exhibit on hassidic Judaism called “A World Apart Next Door: Glimpses into the Life of Hassidic Jews.” Surprisingly, though, the most enthusiastic visitors to the exhibit are not the secular public but haredim (ultra-Orthodox).

Despite the fact that the museum is open on Shabbat, haredim from all sects, both hassidic and non-hassidic, have come to the museum in record numbers since the exhibit opened on June 19. It runs until December 1.

Exhibit curator Ester Muschawsky-Schnapper, a 30- year veteran of the museum, believes haredim are drawn to the exhibit for two reasons. First, because their communities are fairly isolated even within haredi neighborhoods, and there’s the natural curiosity to see how other ultra- Orthodox sects celebrate their traditions. The second reason haredim are drawn to the exhibit is to understand how the outside world views their community.

Wednesday, July 25, 2012

Channel 10's report: Chareidim working on sly

YNet Tens of thousands of haredim are focused on studying the Torah in order to defend Israel, which is why they are exempt from military service under the Tal Law – but what is actually happening on the haredi street?

Israel's Channel 10 filmed an investigative report that shows how the military service deferral is exploited for profit at the State's expense.

When one yeshiva student candidate was asked if he had a problem with pay slips he responded that he did, because of the army. He then says that he was previously employed under the table. When asked how he was paid he explained that the pay slip went to someone else and eventually he received cash.

If it became known to the authorities that the student worked, he would not only have to pay income tax, but would also lose out on benefits worth thousands of shekels.

Black Hebrews of America & Conservative Judaism

The title of this article in the Forward is misleading as all it means is that they now view themselves as Jewish rather than a separate group and their acceptance is limited to Conservative & probably Reform Jews.

Forward  While they once called themselves Hebrew Israelites exclusively to distinguish themselves from Jews of European extraction, the black Jews now readily count themselves among the Jewish people without qualification. An increasing number seek out formal conversion, a practice previously seen only as a concession to the expectations of mainstream Jews. Some 85% of the members at Beth Shalom have done so, according to Rabbi Capers Funnye (pronounced Fun-NAY), their spiritual leader, who is himself a member of the mainstream Chicago Board of Rabbis (and cousin to First Lady Michelle Obama).[...]

The Hebrew Israelites’ Jewish practice began more than 90 years ago, when Wentworth A. Matthew, an immigrant to New York from the West Indies, established a Harlem congregation known as the Commandment Keepers in 1920. Matthew, revered as the founding rabbi of the movement, also created a precursor to the Israelite Rabbinical Academy, which trained rabbis to lead prayers and rituals fashioned after the Ashkenazi and Sephardic Jews who were his neighbors in Harlem. [...]

As if echoing history, black Jews in the US today feel a connection to African groups who identify as Jews. Funnye has traveled to Nigeria, South Africa, and Uganda to connect with and assist in the education of the Lemba, Igbo, and Abayudyah — ethnic groups with members who assert a Jewish identity. A bridge-builder, Funnye is associate director of Be’chol Lashon (In Every Tongue), a San Francisco-based nonprofit that advocates for inclusiveness and diversity among the Jewish people and sponsors his work in Africa.[...]

As he began rabbinical training, Brazelton chose for pragmatic reasons to undergo a Conservative conversion, although Hebrew Israelites feel it should not be necessary. “We think of it as ‘reversion,’ not conversion,” Yahath said. “I did it to remove any doubts in the minds of others.” Funnye, his mentor, was raised as a Methodist and had a formal conversion himself for the same reason. For those in his congregation, the process generally includes 18 months of study and meeting the requirements of Chicago’s Conservative beit din. There are no data on how many of the Hebrew Israelites, who Funnye says number some 10,000 nationally, have undergone formal conversions. [...]

Sholomo ben Levy, the Israelite Board of Rabbis president, sees lack of acceptance by mainstream Jews as a disappointment. But he believes the emerging awareness of diversity offers an opportunity. Levy, who also serves as spiritual leader of Beth Elohim in Queens, said, “We not only have a diversity of complexion, but a diversity of experiences. In the past, when [mainstream Jews] have reached out to us it was tentatively, wanting us to be more like them instead of asking what we can bring to Judaism that is part of our culture. If we can celebrate the diversity that exists, we will all be more successful.”

Tuesday, July 24, 2012

Silicon Valley warns of device addiction

NYTimes  Stuart Crabb, a director in the executive offices of Facebook, naturally likes to extol the extraordinary benefits of computers and smartphones. But like a growing number of technology leaders, he offers a warning: log off once in a while, and put them down. 

In a place where technology is seen as an all-powerful answer, it is increasingly being seen as too powerful, even addictive.

The concern, voiced in conferences and in recent interviews with many top executives of technology companies, is that the lure of constant stimulation — the pervasive demand of pings, rings and updates — is creating a profound physical craving that can hurt productivity and personal interactions. 

Monday, July 23, 2012

R' Moshe Feinstein: Pilegesh no kiddushin or get

שו"ת אגרות משה אבן העזר חלק א סימן עד

ומה שמפקפק כתר"ה מהא דפילגש שהיא בלא קידושין ומשמע מגמ' סנהדרין דף כ"ב דצריכה כל אחת מהן גירושין שהוא גט להרמב"ם פ"ג ממלכים ה"ב שגם הפילגשים היו בכלל הי"ח נשים שהיו לדוד, הנה מפורש שם בלח"מ לדבר פשוט שלא היתה צריכה גט כיון דאין לו בה קידושין אלא יחוד בעלמא וכמה קשין גירושין שאמר בגמ' אינו בגט אלא לגרשה מביתו כדי ליקח אחרת נמי הם קשין. ועיין במאירי סנהדרין שבפלגשים של מלך מותרות למלך אחר ואפילו לבנו שכתב שאבישג היתה מותרת לשלמה ואפילו היתה נבעלת לדוד ומשום אשת אב אין כאן שהרי נושא אדם אנוסת ומפותת אביו, הרי מפורש דפילגש שבלא קידושין אינה בדין א"א כלל וא"כ ודאי אין שייך להצריכה גט. וכן מפורש ברלב"ג בפירושו לשמואל דאבשלום לא עבר איסור חמור דאשת אביו משום שפילגשים היו בלא קידושין. איברא דבאגדה איתא הובא בילקוט שמואל שאחיתופל יעץ שיבא על פילגשי אביו כדי שיתחייב מיתה על שבא על אשת אביו, וכן בירושלמי פ"ב דיבמות מוכיח מדוד שנשא רצפה בת איה שאשת חמיו אינה אסורה דין תורה הובא בתוס' יבמות דף כ"א, והרי רצפה בת איה היתה פילגש שאול ואם פילגש כיון שהיא בלא קידושין אין דינה כאשתו איזה ראיה היא לאשת חמיו שאינה אסורה, אבל לא קשה כלום דהירושלמי לטעמיה בכתובות פ' אף על פי ה"ב דפילגש היא נמי בקידושין עיין שם וא"כ פשוט שגם המאמר אגדה שבילקוט נמי סובר כהירושלמי דפילגש הוא בקידושין. והוא גם דלא כשירי קרבן שמחלק בין פילגשי הדיוט לפילגשי מלך דפילגשי מלך גם להירושלמי הם בלא קידושין דהא מירושלמי דרצפה בת איה מוכרח שסובר דגם של מלך היו בקידושין. על כל פנים מפורש בדברי רבותינו הראשונים דפילגש שבלא קידושין א"צ גט ומותרת לקרוביו כדין מפותתו והאגדה והירושלמי הוא משום שסברי דהיה בקידושין,

Faith or self-deception? - 20 burned at firewalk

NYTimes    Thousands participated in the walk, which stretched down 24 lanes, each around eight feet long. “It transformed people’s lives in a single night,” said Carolynn Graves, 50, a real estate agent from Toronto, who crossed the coals without injury. “It’s a metaphor for facing your fears and accomplishing your goals.” 

A person connected to the Robbins group who helps facilitate the walks over hot coals, but who did not want his name disclosed because he was not authorized to speak publicly, said, “This is not without risk.” Mr. Robbins, he added, “spends a couple of hours preparing people.” 

He suggested that those who were hurt must have “slowed down and stopped because they didn’t feel anything. Those are the folks who end up sometimes with hot spots.” Traditionally, he added, the coals reach a temperature of 2,000 degrees — “give or take 100 degrees.” 

“I won’t say it never happens,” the man said. “But I’ve never heard of anyone having third-degree burns. A couple of times people have had second-degree burns.” Mr. Robbins advises people “to soak their feet in cold water for 20 minutes,” he said. 

“People don’t come to this and not participate,” he added.

Pilegesh inTalmudic Texts - Kesubah & Kedushin?

This is 5 out 10 pages of an article which appeared in  Sinai #73 pages 127-137. The contradictory & unclear textual basis in Talmudic literature explains in part why there is such confusion as to the nature of pilegesh

Sunday, July 22, 2012

Letter of the Steipler to Rav Eliashiv regarding pilegesh

מכתב ממרן חגר''י קנייבםקי זצוק''ל למרן הברי"ש אלישיב שליט''א

בעניך איסור פילגש ובעניני גירות
יום עש"ק פרשת שמיני ה'תש"כ.

לכבוד מחותני הגאון הגדול פאר הדור וכ'· מוהררש"י [אלישיב] שליט''א 

אחרי הקדמת השלו'· בכל הכבוד כבוד התורה, הגיעני מכתב הדר"ג שליט"א בע"פ ותאורנה עיני בתשובתו הנפלאה לאמיתה של תורה, ורב תשו''ח לחדר"ג שליט"א, המקום ב"ה יהא בעזרו לרבות פעלים לתורה"ק
.
‏במה שכתבתי דאת"ל דאינה מקודשת כלל אין כאן איסור משהה אשה בלא כתובה, דהו''ל כפילגש מאחר שמיוחדת לו עכ"ל ודאי ידעתי שהרמב"ם ז"ל אוסר פילגש להדיוט, ויש השמטת דברים במכתבי, וצ"ל "להפוסקים דפילגש שרי להדיוט", וכעת עיינתי בסימן כ"ו ובח"מ וב"ש וביאור הגר''א ז"ל, וכנראה שרוב הפוסקים חולקים על הרמב"ם ז"ל בזה, וכ"כ בנוב"ת סימן קל"ב [שרמזו הפ"ת] שאין הלכה בזה כהרמב"ם ז"ל, ולעניך איסור דרבנן שכתב הח"מ, אולי בשעת הדחק יש לסמוך אהרמב"ן ז"ל ודעימיה שאפילו מדרבנן שרי, ומ"מ בחשש דאורייתא מי יקיל ראש נגד הרמב"ם ז"ל
 .
‏והנה הדר"ג שליט"א השיג עלי ואפי' המתירים פילגש אינו אלא ביודע שאינה קנויה לו ומתכוין לשם "פילגש" ולא בקידושי טעות וראיה מדאמרינן בקידשה על תנאי ואין אדם עשוה ב"ז, ואס"ד דשרי בכה"ג א"כ אין זה ביאת זנות, ולכאו' תמהתי דאינו דומה כלל לנידון דידן, דודאי כשקידשה על תנאי ויודע הספק ומתכוין שאם אין הדבר כתנאו ישלחנה הו"ל ביא"ז, דהא עושה בעילתו בדרך אקראי [דאם לא יתקיים התנאי], ולא דרך אישות, אבל כשאינו יודע כלל מענין המום כנידון דידן, ובועל דרך אישות בתורת בעל גמור, אפשר דאין זה ביא"ז כיון שבעילתו דרך אישות ולא דרך אקראיי ולא גרע ממיוחדת לו
.
‏ולאחר העיון בזה ראיתי שהצדק עם כבוד הדר"ג שליט"א, שכן משמע בתשובת הרמב"ן ז"ל המיוחסות סימן רפ"ד [שרמזו הב"ש], דכל שאינו מייחדה לשם פילגש אלא רוצה שתהא אשתו, איכא איסור עשה אם בועל כשאינה מקודשת לו' יעויי"ש .

‏ועל דברי הנתיבות המשפט סימן רל''ד סק"ג דאיסור דרבנן בשוגג אינו עבירה, ‏ראיתי מכבר באור שמח פ"א מהל' גירושין הי"ז שהשיג על זה טובא.

למעשה לבי נוקפי מאוד, ואפילו אם נעשה ספק ונתלה שאעפ"י שחושבת ברי שנבעלה מ"מ אינו אלא דמיון כוזב. כי באותה שעה לא שמח לב בקטנותה על מהות המעשה ממש כיצד היה, מ"מ אולי תאמר שהיה אז דם בתולים וזה הלא היה דבר מבורר אצלה בראיית עינים, ולא ידעתי איך אשיב שולחי דבר, כיון שהדר"ג שליט"א לא כתב לי מסקנא החלטית למעשה .

Rav Sternbuch:Pilegesh & Civil Marriage

Rav Moshe Sternbuch (2:642): Concerning one who has rejected religion it would seem that he does not require a Get from a civil marriage. This is according to the view of the Rogitshover who explains that in civil marriage there is a need for a get because she is considered a pilegesh. However it would seem that the case of civil marriage is not comparable to the case of pilegesh. That is because in the case of pilegesh the intent of the couple is to have a relationship according to the Torah. According to the Torah a pilegesh is exclusively for him and prohibited to others. This is not comparable to the modern irreligious people who have totally rejected the obligations of the Torah. In the case of a genuine pilegesh the woman is required to know that she is a pilegesh according to Torah law and that she is prohibited to others according to the Torah. In such a case she would be need a Get according to Torah law as is stated in the Bi’ur HaGra (260:26). In contrast in the case of someone who has rejected Torah and comes to us – my view is to be machmir l’chatchila only because of the reasons I mentioned above [that we are concerned for the minority view of Rav Huna that Chupa acquires]. However if insistence on a Get will create an aguna then there is no reason to be machmir as I stated previously

D.A. Hynes:Against Rabbincal screening

Jewish Week  Intimidation aside, what is your impression about how often rabbis are discouraging people from coming forward when asked for advice?
Hynes: What I’ve said to [Agudath Israel vice president] Chaim Dovid Zwiebel is that his suggestion that rabbis have to screen is wrong for two reasons: One, rabbis have no expertise in this area to determine what reaches a level for reporting, and what he’s doing is putting the rabbis in a very dangerous position; because one of these days a rabbi is going to make a mistake cross the line and tell someone under no circumstances are they to report abuse and they are going to be indicted for obstructing governmental administration. I made it very, very clear to Dovid that was my position.

Do you view this the same as witness tampering or witness intimidation? Are there constitutional issues protecting a rabbi’s advice?
Hynes: You’re changing the fact pattern. Why don’t you stay with my fact pattern? My fact pattern is, a rabbi says under no circumstances should you report this, that’s crossing a line. If a rabbi says mesirah prohibits you from reporting then that’s something I can’t deal with; I can’t  pierce that religious connection.
In fact in the legislation I submitted to state DA’s Association’s legislative committee — which has now been passed on to the executive committee for the summer — specifically says in cases of confession or confidential communication to a religious person, whether a rabbi or a minister that would not require mandatory reporting. Mandatory reporting would be finding out about abuse of a third party. There is no reason why clergy should not be mandatory reporters as far as I’m concerned. Twenty-six states in this country have mandatory requirements, only two of them have clergyman-penitent exception: Remarkably, 24 do not. In New Hampshire and West Virginia, despite the clergy-penitent exception they require mandatory reporting in those cases where sex abuse of a third party is involved. There is no reason you can’t have that here for clergy as well.

You said earlier that rabbis don’t have the judgment to assess cases. Agudath Israel has said they are offering training courses for rabbis.
Hynes: I think he has backed away from that. The danger in that … I don’t think a clergy person has the ability or even should have the authority to do screening. The only thing I can do to get around this is hope I can get support in the legislature to change the mandatory reporting to include members of the clergy.

Saturday, July 21, 2012

Agressive police questioning caused false convictions?

Jewish Week by Hella Winston The Jewish Week also spoke to the mother of a boy who attended a class that produced 23 counts of sexual abuse against Jesse Friedman. The mother — who requested anonymity for fear of being “run out of town” by a few people who are “still uber sensitive” about the case, but who said she would allow her taped interview to be shared with the district attorney — told The Jewish Week that she always thought that “this wasn’t exactly right.”

“I would go into the classroom [all the time] and pick my kid up and say ‘ooh, what did you do today on the computer?’ and everything seemed fine,” she continued. “If something had happened, don’t you think the kids would have been upset? They wouldn’t have been sitting at the computer playing games like nothing happened.”

The mother also recounted how she came home one day to find two police officers in her living room. While the officers assured her that they had not yet spoken to her then 11-year-old son, they told her they wanted to question him about the classes. According to the mother, the officers “started to grill him … they hammered him for a while, [asking] him the same question 95 times in different ways. After a while I said, ‘I [almost] wanted to confess to something.’”

While her son “stuck to his guns,” the mother claims she “never believed anything after that interview, because I could see how they could drag stuff out of kids that didn’t happen.”

Friday, July 20, 2012

Effects of False Allegation of Child Abuse on a Family

IPTForensic  ABSTRACT: The personal, clinical, and legal experience of an intact family of four in which which a false allegation of sexual abuse was made by the daughter toward the father was reported.  The family was followed for two years.  The experience destroyed the family and the parents and children all suffered depression, stress, rage, distress, hurt, and alienation.  This case study parallels the available literature which indicates that a false allegation of sexual abuse is destructive and traumatic.