Rebbtzn Sternbuch A"H - Brother's Hesped

Yated Ne'eman

RaP's criticism of proselytizing in Poland

Recipients and Publicity comment {rest of post is in comments to "Subbotnik Jews of Ilyinka are Jews": ]

Mishpacha magazine for hire continues to promote agenda of Michael Freund and Shavei Israel proselytizing organization.

Mishpacha magazine for hire poses danger to Torah true hashkofas by not teaching about Kiddush Hashem when Jews are obligated to sacrifice their lives for Yiddishkeit and not become Christians, Catholics or Communists.

Shavei Israel digs for converts in Poland and elsewhere in the guise of "hidden Jews" who will in any case require GIUR KEHALACHA LECHUMRA.

As in the case of the Russian Subbotniks, the status of gentiles seeking to become Jews in Poland, as many as 150,000+, poses a threat to Israel as long as the Israeli Chief rabbinate does not affirm its position and leaves it up to Michael Freund to set the agenda.

Read the latest article first, with later comments and analysis starting with "RaP": [...]

Rabbinic Authority - Descriptive vs rational justification

One of the outcomes of the discussions [ I II III ] about Chazal and Science is that there are two disparate models being used here. Each side thinks it is obvious that their model is correct. On the one hand we have the insular chareidi model which says that the only relevant information is that which comes from seeing the text the way our godolim see it. On the other hand are those that argue that it is fine to use that approach for practical halacha but one needs to be and has the right to be concerned with objective truth.

This reminded me of the summary of Prof. Michael S. Berger's excellent book - Rabbinical Authority. He says that determining the source of Rabbinic authority in the traditional world is basically a description of what a particular community considers to be authoritative. On the other hand the more modern elements say that we need to identity objective sources of authority - which are independent of what people in a particular community do.

p154-155

"Interpreting legal texts led us in chapter 9 to introduce Stanley Fish's analysis of literary criticism, which situates all interpretation within the context of interpretive communities. Indeed, a "text" has no existence independent of such a community, for only a community, with its values, assumptions, principles, etc., may construe a text as a "text" in the first place. We teased out the implications of such a model for interpretation in legal traditions in general and in the Jewish legal tradition in particular, showing how the ways the Sages read the Torah became characteristic of that community and were subsequently (consequently?) applied to the Mishnah, the Talmud, and even medieval codes.

All three chapters of part III offered alternative understandings of authority that, to varying degrees, rejected the Enlightenment assessment of authority. The Enlightenmentent model demands that some justification be provided for forgoing one's own independent judgments and decisions in order to defer to another's view. But in part III I tried to show that authority is embedded in a form of life which, in the end, renders such rational justification beside the point. Applying a Wittgensteinian approach to the issue of Rabbinic authority, we saw that the issue could not truly be understood outside a set of circumstances that already situates it - and those subject to it - in a particular context. Description, rather than justification, was seen to be a helpful and productive way of analyzing authority. The question that came up in the nineteenth century and that continues to the present is not really about the authority of the talmudic Sages but is about the contemporary relevance or appropriateness of a form of life that makes the Sages of late antiquity central to one's entire outlook and set of concerns. Various interpretive communities, represented in part by the range of Jewish denominations today, have resolved this issue in a variety of ways, and each, in the end, construes the "text of the Talmud" and "Rabbinic authority" quite differently. The choices made by each community naturally bear consequences for its members, but it is only in terms of these interpretive communities that we can properly discuss the issue of the Talmud's, or Rabbinic, authority.

No simple solutions, therefore, await us as we inquire into the nature of Rabbinic authority. Sages, texts, and interpretive communities and forms of life mix inextricably in complex and subtle ways such that the effort to separate them and view one as antecedent or primary to the others fails to capture how authority is to be understood in Judaism. Rabbinic authority is necessarily conceived in the intricate interface of community and text, a fitting condition for "the people of the Book."

Yemenites - Satmar vs. Jewish Agency

JPost

Fearing a possible spate of killings following threats to the Yemenite Jewish community, the umbrella body of American Jewish federations will be evacuating almost half of the remaining Jewish community in Yemen to the United States over the next two weeks, The Jerusalem Post has learned.

The UJC is working with the US State Department, local federations and the Hebrew Immigrant Aid Society to implement the evacuation and help finance the $800,000 expense of absorbing 110 Yemenite Jews in the United States, over one-third of the roughly 280-strong community.

"The funding would go toward such resettlement costs as housing, food and social-service programs," said a statement by the UJC on Tuesday.

Jewish Agency officials blasted the move. A senior agency official told the Post that Jews "should not immigrate to the United States. The place of Jews is in their homeland, the land of Israel, and like all the Jews of the world, the Jews of Yemen have to make aliya to Israel. That is their destiny."

The agency is particularly upset because the extraction of the Yemenite Jews comes at the behest of the New York Satmar community, a hassidic Jewish sect that is opposed to modern political Zionism and funds Jewish education institutions in Yemen.[...]

First all-encompassing Israeli center for child abuse

Jerusalem Post:

Israel's first all-encompassing center for child and teen victims of sexual and physical abuse will open Tuesday as a separate department at Sheba Medical Center at Tel Hashomer.

Based on the successful US model, where currently 600 such centers are in operation, Beit Lynn will provide abuse victims between the ages of three and 18 with a wide range of services and therapy, including social welfare and legal services.

Its creation is based on a law passed last year, which calls for six more such centers to be set up.

"This is the first center of its kind to be established in Israel, and bringing together medical staff with other responders will provide the capacity to give treatment quickly and effectively in the most traumatic of cases," said Prof. Ze'ev Rotstein, Sheba Medical Center's director-general.

Funded by the Charles and Lynn Schusterman Family Foundation, together with the Ministry of Welfare and Social Services, Sheba Medical Center, NGO Ashalim, the Israel Police Force and contributions from the ministries of health, justice and education, the new center aims to streamline the initial process rape victims must undergo, whether their attacker is a family member or a stranger.

In the past, victims were forced to visit each office independently, usually being carted around by their parents from the hospital to the police station and on to social workers and lawyers.

The new center will bring all these elements together under one roof, with all first responders sharing information and easing the trauma for the victim.[...]

Abuse - Can you ever trust a predator?

Associated Press:

A pastor in this quiet, picturesque New England town opened his doors to a convicted child killer who had served his time but had nowhere to go.

But some neighbors of the Rev. David Pinckney vehemently disagree with the pastor's decision — one even threatening to burn his house down after officials could find no one else willing to take 60-year-old Raymond Guay.

"Politicians think they can dump their trash in our small town," said one neighbor, Jon Morales, whose girlfriend and two children live across an unpaved road from Pinckney's home.

Chichester, a town of about 2,200 residents in south-central New Hampshire, has been in an uproar since the weekend, when police announced that Guay would spend two months with Pinckney's family.

About 40 angry residents protested outside the home Saturday, Merrimack County Sheriff Scott Hilliard said. One protester blustered that he wanted to set it on fire, he said.

Town leaders were expected Tuesday night to ask state and federal officials to remove Guay from town.

Guay already had a criminal record when he was charged in 1973, at age 25, with abducting and murdering a 12-year-old boy in Nashua.[...]

Daas Torah vs Academic Analysis

Rabbi Isaac Hutner's "Daat Torah Perspective" on the Holocaust: A Critical Analysis Tradition, 18(3), Fall 1980 235

Introduction Three years ago The Jewish Observer, a magazine published by the Agudat Israel of America, printed a discourse by Rabbi Yitzhak Hutner Shlita, Dean of Yeshivas Rabbenu Hayyim Berlin and a member of the Moetzes Gedola Ha Torah, the rabbinical council of the Agudah, on the subject of teaching the Holocaust in religious schools (" 'Holocaust'—A Study of the Term and the Epoch It's Meant to Describe," October 1977). This discourse aroused a good deal of discussion and controversy within the Orthodox Jewish community, both inside and outside the pages of The Jewish Observer. Nevertheless, despite the variety of comments, criticism, and clarifications—in particular Rabbi Yaakov Feitman's chazarah clarification essay, "Reviewing a Shiur" (The Jewish Observer, January 1978)—the discourse has not as yet elicited the thorough, rigorous, and dispassionate scrutiny that, in light of its importance and controversial nature, it so evidently deserves. Rabbi Hutner's discourse is important for several reasons. First, Rabbi Hutner is perhaps the leading thinker in the traditional yeshivah world, and a discourse of his on the delicate and important subject of teaching thc holocaust in religious schools is bound to carry great weight. Second, as will become clear in the second part of this article, Rabbi Hutner's discourse indicates that the yeshivah world and the Agudah, of which Rabbi Hutner is an outstanding representative, despite their pragmatic accommodation with the State [...]

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Prohibition of Water - an appeal to reason

JPress - an article by Dr. David Berger

Date: Wednesday, November 17 2004

A halachic ruling prohibiting New York City water was recently formulated by Rav Dovid Feinstein shlita and signed by Rav Yosef Shalom Elyashiv shlita and Rav Pinchas Sheinberg shlita. It affirms that once copepods can be seen as moving entities in the city's reservoirs, they remain prohibited even when they are not discernible in tap water.

Since water is so basic a substance, it is hardly necessary to point out the seriousness of this ruling. Even in an urban setting, it is easy to envision realistic scenarios involving jeopardy to the health of especially vulnerable observant Jews, not to speak of lesser but nonetheless deeply troubling consequences.

There are rabbinic decisors of stature who disagree with this stringent stance, relying on an attested and respected opinion recorded by earlier authorities that the water is permissible if the organisms in question are not discernible. (This is apart from the ruling by at least one distinguished rabbi that the copepods are permissible because of the halachic status of reservoirs.)

I make no pretenses to any standing in a debate among poskim on such a question, but I believe it is important to underscore certain considerations with the hope they will help encourage the latter authorities - while maintaining the highest reverence for the great rabbis who hold a stringent view - to keep the halachic discourse on this matter alive.

There is strong reason to believe that the presence of these crustaceans in the city water supply is not a new phenomenon - and that the almost universal, instinctive reaction that water imbibed over the years by a host of tzaddikim and talmidei chachamim must be permissible does not deserve to be dismissed as irrelevant.[...]

Internet use by jurors causes mistrials

NYTimes reports: [internet bypasses traditional blocks to information]

Last week, a juror in a big federal drug trial in Florida admitted to the judge that he had been doing research on the case on the Internet, directly violating the judge’s instructions and centuries of legal rules. But when the judge questioned the rest of the jury, he got an even bigger shock.

Eight other jurors had been doing the same thing. The federal judge, William J. Zloch, had no choice but to declare a mistrial, a waste of eight weeks of work by federal prosecutors and defense lawyers.

“We were stunned,” said a defense lawyer, Peter Raben, who was told by the jury that he had been on the verge of winning the case. “It’s the first time modern technology struck us in that fashion, and it hit us right over the head.”

It might be called a Google mistrial. The use of BlackBerrys and iPhones by jurors gathering and sending out information about cases is wreaking havoc on trials around the country, upending deliberations and infuriating judges.[...]

R' Yakov Horowitz - Modesty Squad conviction

JPost reports:

On Sunday, Elhanan Buzaglo was sentenced to four years imprisonment for the vicious beating of a woman nine months ago in Jerusalem's Ma'alot Dafna neighborhood. Buzaglo, a member of a haredi mishmar hazniyut, a self-appointed modesty squad, pleaded guilty as part of a plea bargain struck with the State Attorney's Office.

Buzaglo, who broke into the 31-year-old divorcé's apartment along with four other men, was convicted of receiving $2,000 from the mishmar hazniyut for his role in the attack, which was intended to intimidate her into leaving the predominantly haredi neighborhood. Judge Noam Solberg wrote in his decision that "the punishment must reflect the abhorrence of his acts... and deter him and others like him."

Even though the Jerusalem District Court described the assailants as an "armed militia," Buzaglo, 29, was the only defendant to be convicted in this barbaric attack. According to newspaper reports last October, a series of flaws in the investigation, including a problem with the recording device, enabled Buzaglo's dispatchers - the modesty patrol members - to evade indictments.

From my vantage point, it is unfortunate that all those who participated in the vicious beating of a defenseless woman are not facing long prison sentences. But it is a great step forward and hopefully will mark a turning point in the attitude of law enforcement officials to these thugs.

AS AN EDUCATOR and a proud member of the haredi community, I appeal to all haredi Knesset members to display moxie and genuine leadership by calling a joint press conference where they repudiate all forms of violence and vow to bring to justice all those who perpetrate these types of attacks from this day forward. They should bring all law enforcement resources to bear to bring law and order to the streets of Jerusalem, Beit Shemesh, Bnei Brak and other areas where these people operate. If elected officials cannot commit themselves to protecting innocent women from vicious beatings, they should all resign and be replaced by people who will.

There is no question in my mind that the vast, overwhelming majority of haredi Jews worldwide feel as I do: disgraced and shamed when these events occur, and frustrated that there seems to be little that we can do to remove this stain from our shirts. Many members of our community are reluctant to speak out publicly, fearing that doing so will cause a hillul Hashem, a desecration of God's name. However, I propose that remaining silent in the face of violent and lawless acts perpetrated by individuals purporting to represent Torah values is the greatest hillul Hashem of all.

The time has come for us to speak out, telling our children and students in unequivocal terms, "These people are criminals and sinners - and do not represent us!" Our publications should begin reporting these incidents in the news sections of our papers, condemn them in our editorials and call upon the police to arrest and prosecute the perpetrators to the fullest extent of the law.

We should stop using politically correct terms like "misguided youths" to describe cowards who beat women for sitting in the "wrong" sections of buses and physically assault peaceful citizens who do not dress according to their standards - observant or otherwise. "Misguided youth" implies that they engaged in a prank like a water fight or that they went overboard in pursuit on a noble goal. There is nothing noble about these acts - or the terrorist mentality that glorifies them.

THE VIOLENT MEMBERS of these self-appointed modesty patrols are, in fact, a modern-day version of the Sadducee sect - having long ago veered off the path of our Torah and formed their own cult. They kneel to the idol of intolerance and bring the blood and bruised bodies of their victims on the altar of hatred. They only lack the intellectual honestly to declare themselves a new, nonreligious movement divorced of any rabbinic teaching and tradition.[...]

Reading the texts - Academics vs. Gedolim

In regards to the continuing debate in this post - about what Judaism is and whether an academic can read the texts more accurately than the gedolim - I would like to cite the following view of the Chasam Sofer. Clearly not an academic. I would also like to know whether they are saying that the readings of Dr. Marc Shapiro or some other distinguished academic carries or should carry more weight than a traditional gadol such as Rav Moshe Feinstein or the Chazon Ish?

Chasam Sofer(O.C. 1:56): I saw in a sefer that in previous times it was not the practice to say the beracha on the sun… Nevertheless now that the world has adopted the practice according to the rulings of the Gaonim. And also the Rif cites it as well as the Rambam, Rosh and Tur and in addition it was established by the Beis Yosef in Shulchan Aruch – we should not deviate from this practice. In truth I don’t know what the reason is that women are not accustomed to say this beracha also. It is obviously not based on the reason that the Magen Avraham cites in regards to the beracha on the moon - that women don’t say it because they caused the diminution of the moon which is not relevant here. Nevertheless what the practice is that is what it is and therefore what is not normal practice we don’t add it. Nevertheless this bears further study.

חתם סופר (אורח חיים א:נו): וראיתי בס' שכה"ג שמקדם לא נהגו כלל בברכה זו כן משמע בתשו' משאת בנימין, אולי הוא מטעם הנ"ל, ומ"מ אחרי דנהיגי בה עלמא עפ"י הגאונים הנ"ל וגם הרי"ף מייתי להא דאביי בפשיטות ורמב"ם ורא"ש וטור וקבעו הרב"י בש"ע ממנו אין לזוז. ובאמת לא ידעתי מ"ט לא נהגו נשים לברך ברכה זו ג"כ ולא שייך הכא הטעם שכ' [מג"א רסי' תכ"ו] בברכת הירח שהנשים גורמים מיעוט הירח וזה לא שייך הכא, ומ"מ מה דנהיג נהיג ומה דלא נהיג הבו דלא לוסיף עלה, ועדיין צ"ע