R' Moshe Halberstam: Mitzva to imprison molester

R’ Moshe Halberstam (Yeschurun 15 page 646): Let’s return to the original question concerning a wicked molester whose evil inclination forces him to sin and be wicked and it is possible to turn him over to the government in order that he be incarcerated in prison for a number of years until he calms done and returns to G‑d wholeheartedly. According to the sources we discussed before it is clear that there is no sin or transgression in handing him over to the authorities. In fact the opposite is true – it is a mitzva because by doing so he is caused to stop from doing the disgusting deeds. In addition we know that the government will not execute him. Therefore the essence of his punishment is that he will be forced to dwell for a number of years in prison. This will be beneficial to him in that they will assign him a psychologist or psychiatrist who will supervise him and his activities with a watchful eye. Perhaps he will be able to find a resolution of his torment by means of this treatment. So in such a case it is obvious that it is a good thing to save him and to save his family from his incestual attacks on them.

Supreme Court:Sex offenders can be confined beyond sentence

FoxNews

In a 7-2 ruling penned by Justice Stephen Breyer, the Supreme Court says a federal law passed by Congress to keep convicted sex offenders confined beyond the term of their prison sentences is Constitutional. The decision, however, does not foreclose the opportunity for the offenders from continuing to challenge their detention under other legal grounds.

Justice Breyer says there are sound reasons for the law adding that "The Federal Government, as custodian of its prisoners, has the constitutional power to act in order to protect nearby (and other) communities from the danger such prisoners may pose."

Monday's ruling falls under the Constitution's "Necessary and Proper" Clause which Breyer offers five points of justification for upholding the law. "Taken together, these considerations lead us to conclude that the statute is a 'necessary and proper' means of exercising the federal authority that permits Congress to create federal criminal laws, to punish their violation, to imprison violators, to provide appropriately for those imprisoned, and to maintain the security of those who are not imprisoned but who may be affected by the federal imprisonment of others."[...]

Importance of finding kosher fish worms

The following quotes are from my sefer Daas Torah. The essence of the problem is that we need to find kosher worms. There is no problem if in addition to kosher worms we found unkosher ones - that is not a contradiction of 2000 years of tradition from Chazal , Rishonin and Achronim and Shulchan Aruch. It is a problem if we now say that science has determined that there is no such thing as a kosher worm and there never was.

Rivash(487): We are not to decide any of the laws of our Torah and its commandments based on the opinions of scientists and doctors. Because if we were to believe their words, then Torah is not from Heaven—Heaven forbid! They accept this mistaken view because of their false proofs. If you were to determine whether an animal is treyfa based on medical knowledge you would conclude that the majority of the defective animals to be kosher while some that were declared kosher would be declared defective… However, we in fact do not rely on the judgment of medicine but rather on the words of our Sages even if they tell us that right is left. That is because our Sages have received the truth and the interpretations of the mitzvos by tradition generation after generation from Moshe. We do not believe the Greek or Arab scholars whose only source of validation is from their own theory and experimentation which is open to many possible errors—as opposed to our Sages…


Klaussenberger Rebbe:Halacha fromTradition not Science" (Shefa Chaim 6:456): Concerning the assertion of chemists, it is clear that they have absolutely no relevance in matters which are part of our tradition from our sages. The many halachos which don’t have a clear rational basis are not left to the decisions of the scientists. For example, whether a piece of meat which was salted before washing whether it helps to wash it and resalt it? Similarly whether salting requires waiting the amount of time of traveling a mil… Whatever we do concerning these halachos of kashrus are determined solely by the traditions, we have received from our Sages—and not according to the understanding of the scientists…. Even though the Aruch HaShulchan (Yoreh Deah 92:11) expresses surprise that the Halacha seems not in accord to physical reality, all the rest of the poskim view that only the Torah view determines Halacha for us. This is true even when our understanding of nature contradicts the tradition. Therefore whenever the scientists establish something which contradicts our tradition, their views are totally irrelevant against what the view of the sages of our holy true Torah have said… Think careful about this because there are many halachos that our Sages established based on their understanding of nature such as the laws of nidah. If one constantly evaluates these halachos on the basis of the views of the scientists—the Torah would be nullified… Due to our many sins this is the degeneration of our times that the views of the scientists are viewed as more correct than the views of our holy Torah and they desert the springs of living water for dry wells. It is as clear as the sun that the scientists have no part or relevance determining the nature of G‑d’s Torah and they are not to be relied upon concerning matters of Halacha and kashrus. Their investigations do not lead to discovering the truth of Torah and that which they imagine should not determined what we do. It is enough if we rely on them in medical matters which the poskim approve.


Michtav M'Eliyahu(4:355): When Rav Dessler was asked concerning certain halachos that the reason that had been given for them is not in accord with modern science... [for example] (3) This that it is permitted to kill lice because they don't reproduce sexually (Shabbos 107b. Rav Dessler stated that concerning these and those like them—the Halacha never changes even though the reason doesn't make sense to us. We are to hold on to the Halacha with two hands whether to be strict or lenient [not like the Pachad Yitzchok]. The reason for this is that the Halacha was known to Chazal by tradition through the generations and they also knew things through experience.... The important point is that the reasoning they gave did not create the Halacha but rather the reverse was true—the Halacha created the reasoning. The reasoning given in the gemora is not the only possible explanation. If they happened to give explanations on occasion which were only true according to the science of their day—we have an obligation to search out alternative explanations that will justify the Halacha according to modern science.... Even if one cannot find a convincing explanation—we must still believe with perfect faith that the Halacha is still true and we hope that G‑d will enlighten us with an appropriate explanation.


Igros Moshe(Y.D. 2:70): That which is not visible to the naked eye it is not possible that previous generations after the completion of the gemora would know about it. Only the Sages of the Talmud (Chazal), with their kabbala and their sevara, could possibly know about it. We are obligated to believe that everything that they say is true. In contrast, after the completion of the Talmud even the Gaonim...

Kiddush HaShem: Rewarding the oppressor R' Yaakov Kaminetsky

update: The current edition of Emes L'Yaakov says that the source of this idea is from the Alter of Kelm Chachma and Mussar Vol 2 page 345. It is there almost word for word. The interesting thing is that this was part of a long letter the Alter of Kelm wrote to Baron Rothschild thanking him for his efforts on behave of  frumJews. He was in essence using this as a means of praise. If you see that even wicked people who intended only to kill Jews but nevertheless received reward for the resulting kiddush Hashem then surely you who have intent only for good will receive reward for the kiddush hashem that results from your generosity. I haven't found this idea anywhere else.


Rav Yaakov Kaminetsky discusses the mitzva of kiddush hashem in Parshas Emor. (Vayikra 22:32) He notes that it is not a mitzva to sancitfy G-d's name but rather that it is a mitzva that G-d's name be sanctified. From this he learns that children are also obligated in the mitzva of kiddush Hashem and this is justification for the view of some rishonim that children are to be killed rather than allow them to be converted to Christianity.

He adds [Bereishis 27:40] an additional consequence of the mitzva being that G-d's name be sanctified. He claims that the non-Jew who kills the Jew gets reward also for bringing about kiddush haShem. He uses this to explain the gemora in Sanhedrin 96b which describes a number of people such as Haman and Sancheriv whose descendants became Jewish. He says that was the reward for bringing about a kiddush HaShem - even though this was not their intent. He also claims that Yitzchok encouraged Esav to attack Yaacov so that Esav would be rewarded by the resulting kiddush Hashem.

Call the police if other ways to stop abuse?

One of the critical issues regarding child abuse is whether to call the police.

There are a number of questions but perhaps the most relevant is - "If I can stop the abuse without calling the police, am I permitted to call the police?" [This is assuming that the abuser is viewed as a rodef - rather than concern with punishing the abuser. In such a framework the only legitimate motivation for action is preventing future harm. This is also not a problem where the government mandates reporting.]

 In an analogous case, many years ago as I was on my way to shul on Shabbos, I noticed that a power line had falled and was lying on a car - and was sparking. I had two choices, to  stand guard over that wire until after Shabbos or calling the power company. Another case is where there is a medical emergency on Shabbos which is life threatening. The doctor lives a block away. Do I have to walk over to his house or can I call him on Shabbos? This in fact is a dispute amongst the poskim whether the prohibitions of Shabbos are pushed aside or nullified in these cases.

Rav Moshe Halberstam (Yeschurun vol 15) writes:... To summarize the matter, in our case where it is not possible for the children to be on guard day and night to stop their father’s sins [of incest], there is only one solution and that is to report him to the police. Even though I cited before Gittin (7a) where Genieva harassed Mar Ukva who was not permitted to report him to the government. But here it is different where the father is sinning physically there is no other solution. … Therefore if you know of a particular person that he is currently sinning and doing evil with his own children, you are obligated to save them and report the matter to the police immediately. That is so that they lock him up in jail and they leave there for an extended period of time until his lusts subside and it is certain that there is no possibility there he will be able to repeat his disgusting deeds a second time. But if he is not involved now in sin but it is known that he does such things – then it would be proper to give him a warning that if it becomes known or it is heard that that he even touches a part of the finger nail of one of these children then he will go to jail for a long time.

Criticisms of plea bargain in 'Starving Mother' abuse case

YNET

The explanations provided Thursday by the State Prosecution regarding its decision to sign off on the "starving mother's" plea bargain didn't manage to convince many people in the legal system. In a conversation with Ynet, a senior prosecutor leveled scathing criticism on the process and pointed an accusatory figure on the softened approach taken by enforcement bodies towards women when there is fear of renewed haredi riots in the capital.

"This woman is fit to stand trial. However, despite this, it is clear that there is a certain disturbance here that makes it clear that if the court were to convict her, she would be sent to prison for a few months to a year," explained the senior prosecutor, who is unrelated to the case. [...]

R Tzvi Gartner: Ideal halachic approach to abuse

The following excerpt was written as part of an introduction to the pioneering series of teshuvos by gedolim dealing with the issue of child abuse. I translated it from the original Hebrew.

Yeschurun (Volume 15): Concerning the question which is in the spotlight now in America. As is known it has been revealed in recent years amongst the non‑Jews, many incidents of teachers and educators who have sexually or physically abused their students.This matter has been well publicized amongst them because of the great damage physically and obviously psychologically to the children that fall victim to this abuse. (In many of these cases their lives and that of their family are destroyed). Consequently the secular government has become very strict in these matters not only for the perpetrators but also for all educators and those who are involved in professional roles with children. The government now requires that all incidents of suspicion and concern be reported to them. Those who delay or refuse to report problematic incidence within a very short time are liable to monetary punishment and imprisonment. They are also exposed to the possibility of civil lawsuits by the parent’s of the child who have been abused as a consequence of their failure to report. To our great sorrow and our sins, the Orthodox community has not been spared by this plague and unfortunately there have been various incidents amongst us also. The question arises then what should a teacher or educator or others do if they become aware of such an incident as these? Some people claim that everyone is to be presumed to be innocent (chezkas kashrus) and therefore it would be prohibited to report anyone to the secular government. This is especially true if the complaint is not first made in beis din and the beis din agrees that the charges are valid – something which is almost impossible to happen. This is particularly true today when beis din has no authority or mechanism of forcing anyone one to appear before them. Furthermore even if they come to beis din then in general all the evidence will be disqualified because it is based on the testimony of children or other invalid witnesses or it is based on circumstantial evidence which is also not admissible. Even confessions are not valid. In fact the only basis of changing a person’s status from innocent to guilty is by means of the testimony of two male observant adult Jews and not that of children and other invalid witnesses or circumstantial evidence and surely not be means of confessions. That is because a person is not allowed by the Torah to cause himself to labeled as wicked. However others say dealing with abuse cases is equivalent to life saving and stopping people from sin (according to what the rabbi’s and professionals in work in this area have said that someone who is a pedophile might abuse ten’s and sometimes even hundreds of children. And it is almost certain that there is no correction of this problem by repentance alone but he needs to receive professional treatment for an extended time.)

Furthermore while as we noted the government requires reporting, but in most cases the government is not interested in punishing the perpetrator but instead forces him to undergo rehabilitation. Therefore there is no doubt that in such circumstances it is not only permitted but it is obligatory to report. But this is conditional on a proper examination by leading rabbis and professionals as to what the facts are. For example in a number of cities in America, communities courts have been established specifically to deal with these matters. After examination and verifying matters, according to the available evidence, when needed they will permit turning to the secular government. In Elul 5764 the protocols of Torah U’Mesorah for schools was published concerning the issue of abuse. They said that in the case when a teacher is suspicious that someone molested a student, the teacher was to report his suspicions to the principal of the school to clarify the matter. The principal was to consult with a posek or a rabbi who was experienced in these matters as well as professionals. If it seemed that there was a basis to the suspicions then the principal was to report the teacher to the secular authorities as is required by the law [...]

Targeted killings of terrorists by U.S. questioned

NYTIMES

WASHINGTON — The Obama administration’s decision to authorize the killing by the Central Intelligence Agency of a terrorism suspect who is an American citizen has set off a debate over the legal and political limits of drone missile strikes, a mainstay of the campaign against terrorism.

The notion that the government can, in effect, execute one of its own citizens far from a combat zone, with no judicial process and based on secret intelligence, makes some legal authorities deeply uneasy. [...]

Darwin's Theory of Evolution: Weapon against slavery?

BBC

What drove Charles Darwin to his extraordinary ideas on evolution and human origins? Adrian Desmond, with co-author James Moore, argue in a new book that the great scientist had a "sacred cause": the abolition of slavery.

"It makes one's blood boil," said Charles Darwin.

Not much outraged the gentle recluse, but the horrors of slavery could cost him a night's sleep.

He was thinking of the whipped house boy and the thumbscrews used by old ladies in South America, atrocities he had witnessed on the Beagle voyage

The screams stayed with him for life, but how much did they influence his life's work? [...]

Abuse - 'Starving mother' accepts plea bargain

YNET

Plea bargain reached even after the last moment – in the corridors of the court. A woman accused of starving her son accepted a plea bargain on Thursday after evidence was presented at Jerusalem's Magistrate's Court, including testimony from the doctor who cared for the child.

Dr. Michael Weintraub described the terrible state to which the child had deteriorated, and it seems this may have prompted the renewed efforts to agree to a plea bargain she had previously rejected on advice from her rabbis.

According to the agreement, the mother will be under house arrest for three years, and kept away from the children for five years except under conditions to be determined for visiting. She is also expected to undergo medical treatment. After two years, if she meets the conditions of the plea bargain, she will be able to see her children in their house under observation for a few hours each day.

Worm in fish Psak