Rav Sternbuch: Written psak to report Kolko to police

Cautionary note: Even though in the case addressed in the letter there was a confession, Rav Sternbuch has told me that is not a necessary condition to require going to the police. I did not post this as a teshuva - since Rav Sternbuch did not write it to explicate the parameters for reporting. For those interested his views are discussed in details in my books on abuse as well as various postings that can be found by searching for "police" on this blog. THE REASON I POSTED IT IS TO SHOW THAT THERE ARE GEDOLIM WHO REQUIRE GOING TO THE POLICE -  contrary to what one would conclude who has been following the  pronouncements of the Lakewood establishment and Rav Belsky concerning child abuse.

Update 5/ 23/ 13: A rough translation is:

Concerning your question regarding someone who is suspected of the disgusting and serious crime [of pedophilia], And there are those who claim he confessed and a high level rav verified that there seems to be a solid basis to the suspicions and it is also well known that this disease [pedophilia] is difficult [for the pedophile to stop abusing children]. Therefore we are obligated to report him because he is a danger to the community. In addition someone who interferes with reporting him can possibly be causing additional harm to the community. In particular in our days where pedophilia has become widespread - we are obligated to report him. See the Taz Yoreh Deah, #154.

ט"ז יורה דעה סימן קנז

(ח) חייב מיתה כשבע בן בכרי. - נראה דלהכי נקטיה כשבע בן בכרי דאע"פ דבדין תורה לא היה חייב מיתה אלא מצד חוק המלכות שמרד בדוד מ"מ מוסרין אותו אם יחדוהו ומינה אף בזמנינו מי שפושע ומורד במלכות שלו מוסרין אותו וה"ה בשאר עבירות שאחד מוחזק בהם כגון עוסק בזיופי' או שאר דברים שיש בהם סכנה פשיטא שמוסרין אותו ומן הראוי למסור אותו אפי' אם לא יחדוהו כיון שהוא כמו רודף לשאר ישראל ע"י מעשיו הרעים שעושה בפשיעה כן נראה לי בזה ועוד נראה לי דבמקום שאין מוסרין אותו אין חילוק בין מסירה למיתה או לשאר יסורים או אפילו לממון דלענין יסורים פשיטא שהם גרועים ממיתה כדאמרינן באלו נערות (דף ל"ג) אלמלא נגדוהו לחנניא מישאל ועזריה הוה פלחו לצלמא ויליף מזה דיסורים קשים ממיתה ויליף דמלקות חמור ממיתה וראיה דהא בירושלמי לא קאמר תבעיתיה מלכא להריגה אלא סתם תבעיתיה אפשר ליסורין לחוד (ואין) [ויש] לנו להחמיר מספק ואפי' לממון מצינו בפרק הגוזל בתרא דקאמר על זה קרא כתוא מכמר כיון שנפל בידי עובדי כוכבים שוב אין מרחמין עליו כן נראה לע"ד

[translation from my Child and Domestic Abuse volume II page 99]

Taz (Y.D. 157:8): If he is liable to the death penalty like Sheva ben Bichri. It would appear that the reason why Sheva ben Bichri is used as an example is that even though he was not liable to the death penalty according to the law of the Torah but rather according to the law of kings in that he had rebelled against Dovid – nevertheless he was handed over since he was singled out. We learn from this that even today that someone committed a transgression and rebelled against his secular government – he is to be handed over to the government. This is true for other sins that are inherently a danger to the community such as counterfeiting – they are handed over to the government. They are to be given over even if the government did not specify that particular person since he is like a rodef (pursuer) that is endanger the rest of the Jews by his bad deeds that are transgressions of the law. This is my opinion

:

Are physical attacks on innocent people by religious Jews - terrorism? by Rabbi Yair Hoffman

Five Towns Jewish Times   How very horrifying it was to see video footage of the Tsarnaev brothers gleefully place down a bomb that murdered four and injured dozens.  It is not just the callous banality of their deeds, it was the smirk on one of their faces.  It was their joy in their involvement that sickens and repels us.

But are we really so different?  As of this writing there are protests going on in Israel concerning the government’s decision to draft Yeshiva students.  The draft and its protest is not the issue.  The issue is how can we not condemn the horrifying actions of religious Jewish men pushing and shoving huge metallic garbage bins into a large crowd of people?

Let us just do a double take here.  Did we really see this?  There is no question that unleashing such a large, massive, metallic object into a crowd of people can cause both serious injury and or death.  How is this so substantially different than the sickening actions of the Tsarnaev brothers?

One difference is that perhaps the victims hit by the massive garbage bin have a greater chance of getting out of the way.  But what if they can’t?  What if they get stuck, or fall and trip?  It is deeply grieving that our brethren could even contemplate this, much less actually do it.    The combination of the mass and velocity here could very easily create deadly force.

One of the fundamental principles of the Mussar movement is that learning the relevant sections of halacha to a particular sin, raises our awareness to that Aveirah.  With this in mind, let us briefly review what the Shulchan Aruch Choshan Mishpat section has to say about such behavior.

The general prohibition of trying to hurt another person is found in Choshain Mishpat 420:1.  There, the Shulchan Aruch writes that the Torah is concerned that additional injury not be caused to someone receiving a punishment – all the more so in regard to innocent people in a crowd. [...]

Kolko debacle: How to look up to rabbis who support a confessed pedophile?

Dear Rabbi Eidensohn, 

Can you please help me?

I went to a Rabbi for guidance about how to deal with my own anger against how the Kolko affair was handled by Lakewood rabbis. My anger stems from the fact that I want to look up to these Rabbis as leaders I can trust. So I feel betrayed in a personal way. He said, without any indifference to molestation or opposition to police involvement, that I have no way of knowing what the facts really are.  Therefore I could not assume the rabbis acted stupidly or insensitively.

You can't discuss your anger about X by being questioned whether X happened.  I therefore didn't get what I was looking for.

Would you dispute the premise that I cannot know what happened?  if not, how should I relate personally to the issue? What is your response to this?  

With your permission I would like to show your response to the Rabbi.

thank you

p.s.

do I have the right  to assume they have done wrong, or only that they have failed to explain what they did?
=============update 5 24 2013
2nd letter

Dear Rabbi Eidensohn,

My previous letter to you was unclear, resulting in confusion among readers.  I would like to set the record straight about my interaction with a Rabbi.  This Rabbi is

1. very sensitive to the issue of molestation, and has thought about it deeply,

believing it is the major cause of people leaving Judaism

2. totally supports going to the police when evidence is present

3. knew nothing of and had read nothing about this case but based his on-the-spot response on my flawed oral report

4. was sincerely agnostic, not biased in Lakewood's favor.  He never said I should assume their innocence.

  Thus, the Rabbi was dealing not with abuse per se but with the question of what facts can one know from media. 

A lesson from this story is that there is limit to what Rabbis can do when talmidim want quick answers to personal problems.  

Rav Sternbuch's speech at a protest demonstration held on Isru Chag Shavuos

  Atzeret Neged Giyus 

Jordan Murray pleads not guilty to molesting two of his students

KIRO TV  [includes video]  A former private school teacher has pleaded not guilty to charges of molesting two of his students.

Police said the victims were first- and second-graders at a private Jewish school in Seattle’s Columbia City neighborhood.

The teacher, Jordan Murray, who was addressed as "rabbi," pleaded not guilty to four counts of child molestation. 

Murray, 32, has been a first- and second-grade teacher at Torah Day School the past two school years. 

Does early psychological intervention prevent or cause trauma?

Scientific American     Devastating tornadoes have a lot in common with other major traumas, like life-threatening accidents, the Boston bombing and the Newtown shooting – especially the emotional distress they leave in their aftermath. As predictable and common as that distress is, though, early psychological response after trauma is still surprisingly controversial. It’s the center of a heated scientific debate that stewed and bubbled and then boiled over.

It began when a technique from the battlefield crossed over to civilian life. Soldiers traditionally debrief to share information and learn from missions and incidents. Psychological debriefing evolved along with military psychiatry instead of only discussing what happened, groups discussed feelings and coping too.

Psychological debriefing then spread to civilian first responders. Like soldiers, trauma was in the line of normal duty for them. They needed to be prepared and to cope with the stress, and debriefing was part of normality

Then psychological debriefing spread out to victims of trauma, too. And on to experiences like childbirth.

Some people expected that professional care could prevent post-traumatic stress disorder (PTSD) and other psychological harm. But in the search for an affordable and efficient intervention that could be offered to everyone, it was often a single session. [...]

Just as we worry about saying the wrong thing and further distressing someone in crisis, professionals can make things worse for people too. And maybe everyone doesn’t benefit from dwelling on the trauma in the immediate aftermath of a crisis.

A few trials of single session debriefing were done in the ‘90s. The people weren’t traumatized in the line of duty. They had suffered traumas like burns, road accidents or crimes. Or they had been debriefed around childbirth. And when discouraging results came in, controversy erupted. [...]

Problem of Convicted Sex Offenders: Where are they allowed to live?

Female LGBT Reform rabbi married to a non-Jewish woman protests the Reform movement's prohibition against intermarried rabbinical students

Forward   I am writing to urge you to reconsider the HUC-JIR requirement that all prospective rabbinical students sign an agreement that “any student engaged, married, or partnered/committed to a person who is not Jewish by birth or conversion will not be admitted or ordained.”

It matters to me: I am a HUC-JIR rabbi, ordained in 1991 and partnered with a non-Jew since 1984. In 1993 I founded a now thriving congregation that has engaged hundreds of people in Jewish life. I have worked toward conversion with dozens of candidates. The HUC-JIR requirement might have prevented me from becoming a rabbi, as it will future rabbis whose efforts would be as significant as mine.

My partner is a woman. I was an LGBT student at a time when this status was not recognized at the college and there was no such required agreement to sign. We were married under a chuppah on our 20th anniversary, in 2004, and were legally married when we could do so in New York State, in 2011. We have a grown daughter who celebrates the Sabbath and holidays. In 1988, my partner began welcoming the Sabbath in our home even when my student pulpit took me away. She attends services in my congregation, reads Jewish texts with interest and annually counts the Omer with me.

Match made in hell: Ami Popper weds mother of abused kids

YNET   In a ceremony held Sunday in Jerusalem, Ami Popper, who is serving multiple life sentences for the murder of seven Palestinians, married the woman who allowed self-proclaimed rabbi Elior Chen to viciously abuse her children. One of M.'s sons is still comatose in a vegetative state. 

New Psak: cigarette smokers can't be witnesses

NRG פסק הלכה של אב בין הדין בירושלים, הרב אליהו אברג'יל, קובע כי מעשנים פסולים לעדות, כך נקבע בפסק הלכה שפרסם בשנתון 'תחומין ל"ג'. בנימוק לקביעה החריפה, הסביר הרב אברג'יל כי "אדם שמודע לחומרת הנזק שגורמות הסיגריות, וממשיך בזה, עובר על 'השמר לך' ועל הציווי 'ונשמרתם מאוד לנפשותיכם' ".

הרב אברג'יל מבהיר כי לפי הפוסקים, כשאדם מזיק לעצמו הוא עובר על איסור מהתורה ולכן אסור מלכתחילה לקחת אותו לעדות קידושים וכדומה. בנוגע לאדם המעשן סמים קובע הרב אברג'יל כי "בוודאי פסול עדות כאשר הוא מכלה גופו ונפשו".

בנוסף, קובע הרב אברג'יל, כי היות ונזקי העישון מפורסמים וידועים לכל, שכן על קופסאות העישון מופיעה הודעה שהעישון מסוכן, לא ניתן להחשיב את המעשן כשוגג, שאינו מתכוון לעבור עבירה. 

Mussar Movement was haskala - a man-based vision to revive religion

In my investigation into the Seridei Aish's description of the Mussar Movement as "frum haskala", I have come back to my original understanding. At this point I disagree with Prof. Shapiro that "frum haskala" simply meant concern with spiritual development and fear of G-d. 

The Haskala was a man based vision - not a religious one.  I just posted the Seridei Ish's vision of the Jew in the ghetto - not only was it repressive economically and psychologically but most found   religion also to be repressive. http://daattorah.blogspot.co.il/2013/05/seridei-aish-haskala-why-did-religious.html

Mussar was clearly a man based program to revive  religion as was Hirsch's Torah im Derech Eretz. It also involved participation in the world, tikun olam and an awareness of human knowledge and a focus on the individual human being. This is clearly the opposite of Chassidus which is a movement based on ruach hakodesh, revelation and Daas Torah and subjugation to authority. The Mussar Movement was also  opposed to the ghetto - either of the body or mind and deprivation of wordly pleasures and experience.

Al Dura is a Palestinian Hoax: Israeli government concludes al Dura was alive after gun battle

YNET   The committee, formed in 2012, was first headed by now Defense Minister Moshe Ya'alon, and concluded its inquiry recently under the chairmanship of Yuval Steinitz. The report itself focuses on the controversial September 2000 France 2 broadcast – in which the boy is seen hiding behind his father while the two were under IDF gunfire – and conclude that al-Dura was still alive at the end of the video.[...]

According to the Steinitz-Ya'alon committee findings, in contrary to what had been published before, there was no evidence that the boy or his father were even injured at the time the video was shot.

In addition, the committee noted there was reasonable doubt whether the IDF was responsible for the bullet holes seen in the wall behind the two.

Furthermore, the Israeli report points a blaming finger at the France 2 news report. [...]

NY Times    The new findings published on Sunday were the work of an Israeli government review committee, which said its task was to re-examine the event “in light of the continued damage it has caused to Israel.” They come after years of debate over the veracity of the France 2 report, which was filmed by a Gaza correspondent, Talal Abu Rahma, and narrated by the station’s Jerusalem bureau chief, Charles Enderlin, who was not at the present at the scene. 

The Israeli government review suggested, as other critics have, that the France 2 footage might have been staged. It noted anomalies like the apparent lack of blood in appropriate places at the scene, and said that raw footage from the seconds after the boy’s apparent death seem to show him raising his arm. 

“Contrary to the report’s claim that the boy is killed, the committee’s review of the raw footage showed that in the final scenes, which were not broadcast by France 2, the boy is seen to be alive,” the review said. “Based on the available evidence, it appears significantly more likely that Palestinian gunmen were the source of the shots which appear to have impacted in the vicinity” of the boy and his father.

Israeli economy doomed without Chareidim & Arab workforce participation

Haaretz    The Israeli economy cannot thrive without ultra-Orthodox Jews and Israel's Arabs being more fully integrated into the workforce, the National Economic Council warned the cabinet at a meeting last week.[...]

The most serious problem here, however, is related to working-age populations that are not employed - meaning, the low workforce-participation rate of the country's Arabs and the ultra-Orthodox population. The problem is the product of a lack of desire to be employed, when it comes to the Haredim, as well as low skill levels. (A large proportion of Haredi men choose to engage in Torah study full-time rather than work. )

The council presented the cabinet with a slide, showing that between 1997 and 2012, the poverty rate of the non-Haredi, non-Arab population remained unchanged at 12%, while the rate among Arabs and Haredim skyrocketed from 38% to 58%. As a result, Israel's population consists of three separate countries: Arab Israelis, ultra-Orthodox Jews, and everyone else. And that last segment is actually contracting while the two weaker segments are growing.

In 2009, 71% of those aged 25 to 29 entering the labor force belonged to the third, more highly skilled, group (i.e., the non-Haredi and non-Arab sector ). The council said, though, that this group will decline to just 59% of the newly employed by 2019, and 53% by 2029. Israel is, therefore, moving in the direction whereby if things are not changed, the non-Arab, non-Haredi working population with relatively high productivity will become just over half of the new members of the workforce - a situation that is not sustainable. [...]

The council says that as a result of the situation, as early as next year the country will have a 3% structural deficit - an excess of government expenditures, including items such as social welfare payments to the poor - over government income from taxes and economic growth.

The structural deficit is a reference to a situation in which the government spends more than it is taking in, not as a result of transient factors but rather the entrenched structural characteristics of the economy. Even more alarming, the council says, is the fact that the structural deficit will be 10.5% by 2050, if the current situation is not addressed.

Israel needs to decide, the council says: It can continue down its current path of greater government outlays for the poor at the expense of increased taxes, and reduced government spending in other areas. This will perpetuate poverty among Haredim and Arabs and impose an impossible burden on the remaining working population.

Alternatively, Israel can better integrate the Arabs and ultra-Orthodox into the general workforce, increasing their participation and substantially enhancing their skill levels through education.

The council's assessment is that if the three population groups are indeed integrated into one productive workforce, by 2030 Israel will once more be competitive in the world economy.

Interview with the Brisker Rav: Rav Yisroel Salanter tried being a chassid

This was published by Rabbi Leo Jung in Men of the Spirit page 210-211

*This interview, [by Pinehas Biberfeld] published first in Ha-Neeman, the organ of Israeli Ye­shivah circles, is based on the present writer's recording, from memory, his conversations with Reb Velvele. The answers, deeply engraved upon his heart, are offered here.

[only the last questions are published here]

QUESTION: I know that the Master considers it more important to conduct a Talmud Torah for boys than to issue the "Hanee­man."

The rabbi, as was his wont, ran to the book-case, fetched a copy of the Rambam, where at the end of the Laws about Leprosy the following passage occurs: "But the conversation of the proper Israelite deals only with wisdom and Torah, therefore the Lord helps them and grants them both, as it is said:  "Then they that feared the Lord spoke one with another and the Lord hearkened."

QUESTION: But the Rambam mentions Torah and wisdom, thus obviously there is room for both?

ANSWER: He remained silent.

QUESTION: R. Israel Salanter, too, issued a monthly called Tevunah (Comprehension)?

ANSWER: This is an argument against your point. He stopped the publication very soon. His stopping it indicates that this was not, eventually, his way. He tried many things, among them also the way of Hassidism.

update: There is a much more detailed discussion of Rav Yisroel Salanter's relationship to Chassidus in Rav Avraham Eliyahu Kaplan's sefer בעקבות היראה