Rabbi Benjamin Yudin: Birds & Bees

Kol Isha: IDF forbids earplugs

JPost

Several religious soldiers requested last week to wear earplugs or listen to MP3 players during a Holocaust Remembrance Day ceremony in which women were singing, as well as for upcoming ceremonies for Remembrance Day and Independence Day.

The army refused the request but said that the soldiers could take a book of Psalms into the ceremony to read from if they wished.

Get Me'usa Crises: Halachic Summary

Guest Post

The גט מעושה crises and-1

Friedman-Epstein: What halachic justification?!

Despite all the fanfare and international publicity about the "aguna" Tamar Friedman, the halacha basis  for the conduct of her rabbinic supporters as well as the aguna defense organization Ora's tactics against Aharon Friedman is  embarrassingly anemic and simply unsupported by any elementary reading of the sources. Briefly the case involved Tamar's decision that she didn't want to remain married to Aharon. She has never made any claims of abuse or misbehavior just she thought she might find someone better. She left their home taking their daughter without his consent. There was the Baltimore beis din which they both agreed to abide by its decision. Its work was not brought to a psak. Secular court was involved and a secular divorce. There was some involvement of the Washington beis din - but that was incomplete and it never heard both sides. Finally there was a hazmana from the beis din of the Union of Orthodox Rabbis which Aaron did not respond to. That beis din issued a seruv signed by Rav Kaminetsky, Rav Belsky, Rabbi Ralbag and also Rav Schachter. The seruv states that whatever can be done to bring about a get should be done. ORA - with Rav Schachter's support and encouragement has gotten involved and has had public demonstrations and repeated distribution of posters demanding a get which targeted Aharon and his family. They also had a strong publicity blitz in all the major secular newspapers as well as a conference at Stern College and a major campaign directed at Aharon's boss Congressman Camp - all with the stated goal of forcing Aharon to give Tamar a get. So far there has not been a beis din that heard both sides and issued a psak that Aharon must give a get.

My concern has been to try and find a halachic basis for use of public humilation in a very weak case of ma'os alei - where Tamar has apparently never said anything stronger against her husband than that she realized that she didn't want to spend the rest of her life married to him. When I spoke with the head of ORA I asked him about this and he said that Tamar had a right to privacy and didn't have to explain why she wanted to leave. Aharon has apparently never said he wanted to end the marriage. Thus the case consists of Tamar's assertion of ma'os alei because she doesn't want to remain married. She is also a moredes who left their home. She turned to the secular courts - a huge problem - and as a result a custody arrangement was set up and a civil divorce was obtained.

A basic summary of the halacha is found here:

Be'er HaGolah (Shulchan Aruch E.H. 77:6): In the case where the wife claims ma’os alei and therefore refused to have sexual relations with her husband] The view of the Shulchan Aruch [which modified the language of the Rambam that "the husband can be forced to give a get" to "if the husband wants to divorce her"] is that of the Ramban and Rashba that one cannot force the husband to give a get [in the case of ma’us alei]. The husband can only be forced to give a get in those cases where Chazal said force can be used. [Which is either from a prohibited relations such as a cohen to a divorcee or a major defect such as severe disease or disgusting skin condition]This is stated in the Magid Mishna (Hilchos Ishus 14:8]. The Tur says the same thing in the name of Rabbeinu Tam and his father the Rosh. The source of this view is Kesubos (63b), What is the case of moredes (a rebellious wife) ? Amemar said it is a woman who says she wants to stay married and she want to torment her husband. However a woman who says ma’us alei (he disgusts me) we don’t force her to be with her husband. Mar Zutra said she should be forced and there was an incident in which Mar Zutra forced the wife to be with the husband and they had a child R’ Chinina Mesura. But that is not the normal consequence – they had special assistance from Heaven and we can’t learn from that case.

A review of the recent teshuva literature, inclduing the rulings of  Rav Eliashiv, Minchos Yitzchok, Rav Ovadiah Yosef, Rav Moshe Feinstein, Tzitz Eliezar, Ben Ish Chai and Rav Sternbuch as well as the various public shiurim that Rav Schachter has given on the topic of aguna, - have indicated that there is not a single source that allows the type of public humiliation ORA is using in order to force a husband to give a get. There are sources which allowed indirect pressure such as preventing the obtaining a civil divorce unless a get is given. But not a single use of direct pressure because of the universal concern in the Achronim for a get me'usa (an invalid forced get). Sources such as Rabbeinu Yona, Rabbeinu Yerucham and Rav Chaim Pelaggi were also studied - but they also do not provide a ready and acceptable basis for what is going on with ORA.

[update reply to James in Comments section]

James you obviously have inside information - the beis din issued a seruv for not appearing in which they poskened that a get had to be given. They did not explain their reasons nor did Friedman participate - so they only heard one side. Is that correct? Simple question is how can a beis din posken without hearing both sides? And if it isn't a psak but only a seruv for not showing up so how can they issue a ruling that it is a mitzva to give a get? Besides that level of confusion Rav Shachter has written clearly that he is totally relying on Rav Kaminetsky for his understanding of the case. So apparently it is irrelevant to him whether there is a psak or just a seruv. The only issue is the daas Torah of Rav Kaminestky. He then authorized ORA to attack Aharon and his family. Correct? The Beis din did not say anything about ORA nor do they appear on ORA's list of rabbis. Thus you are insisting that everyone involved agrees that ORA is doing the right thing. I am simply asking for some evidence that ORA actions are approved by Rabbis Belsky and Kaminetsky and what the basis of the psak of the beis din was. It is not clear that saying that it is a mitzva to give or obtain a get justifies what ORA is doing.

So we are still discussing this because of the apparent bizarreness of this case on the level of halacha. It doesn't require a gadol to understand the halachic issues or the halachic rulings going back to the gemora. I simply want to know what halachic understanding justifies the chain of events leading to ORA's demonstrations and pressure. It shouldn't take a talmid chachom more than 5 minutes to rattle off the necessary information. The fact that that ORA through Rav Shachter based on this beis din - has been producing a disturbing spectacle in the secular media - justifies me asking an explanation. If ORA wasn't involved then this would have remained a private issue. But it clearly isn't and I'd like to understand. this is Torah and I need to learn.

Charedi employment is on the rise

YNET

A recent study conducted by the Industry, Trade and Labor Ministry predicted that Israel will see a 6% drop in its workforce within 20 years, especially due to the growing ultra-Orthodox and Arab population shares. But activists in the religious sector dismiss the forecast, noting the growing rates of employed haredim.

"I don't see the pessimistic predictions coming true," said attorney Yoav Laloum, chairman of the Noar KaHalacha, an organization that advocates against discrimination in the haredi sector.

Baltimore Patrol members on trial

Baltimore Sun

Having family who lives in the area and having recently spent a lot of time there - I fully understand the problems and dangers the Werdesheim's were facing in patrolling that area.

The incident occurred in November 2010, with charges brought against Eliyahu Werdesheim in December and, later, against his brother, Avi. There are some parallels - vigilantism, race, and self-defense - but also major differences - most notably the fatal outcome in the Florida case but also the handling by law enforcement.

With the trial scheduled to begin, here's a refresher on some of the facts in each case.

-The Werdesheim brothers were members of a group called Shomrim, Orthodox Jewish volunteers who patrol their Northwest Baltimore neighborhood. The group has meetings and bylaws, as well as radios and matching jackets, and for years was praised by city officials and police for their efforts. In Florida, shooter George Zimmerman, described as white-Hispanic had helped set up a neighborhood watch program with the assistance of the Sanford Police Department and had been appointed the "captain" of the program, according to reports. Both have been accused of being overzealous - Zimmerman had called 911 dozens of times before the shooting incident, while some black Baltimore residents and even police officers said Shomrim members sometimes took their role too far.

-Eliyahu Werdesheim worked for a security company and claimed to be an former Israeli special forces solider; Zimmerman wanted to be a police officer, having attended a four-month course at the local sheriff's department and enrolled in a local college and took law enforcement courses.

Rabbis requesting psychiatric drugs for students II

Haaretz

As a result of the Haaretz report two week ago   ("Rabbi's Little Helper," April 6 ) - about the conferral of psychiatric medication at the request of rabbis and Orthodox activists, for purposes described as "spiritual" rather than medical - a number of persons turned to Haaretz with their personal stories. 

The Gur Hasid trembled in pain as he spoke about a family gathering held at Purim. One daughter in the extended family, a married woman with children, attended the big holiday meal after a long period in which she had remained secluded in her home. "We were shocked," the man recalled. "At the beginning, we could barely identify her. This is a woman who has always been blessed with a lively, expressive personality, but now it looks like pills have finished her off. We met an apathetic woman who has a solemn, stony face; a woman who has had the life sucked out of her."

The ultra-Orthodox man says the woman's husband belongs to a well-connected family in the Gur community, and so the man's family attached "responsibility" for the situation in the house to the woman, and demanded she receive medication. "She was told that the Gur Rebbe wants her to take medication, and that the pills would restore order to her home. Nobody knows whether the rebbe really said that, but this is what persuaded her." 

The Hasid from Bnei Brak presented his story as part of a trend of Orthodox referrals to private psychiatric clinics as a result of internal communal issues - typically family cases. Such referrals often override the patients' own desires; usually, he patient does not really understand the nature of the treatment. Psychiatrists and psychologists also approached the newspaper, and reported cases of unethical uses of medication.[...]

Shach: Forced divorces not permitted

שו"ת גבורת אנשים סימן עב

ונראה לפי מה שהעליתי לעיל סי' מ"ב דאין לו גבורת אנשים אין כופים בשוטים להוציא, ה"ה דאין לנדותו עד שיתן גט. ואף על גב שהבאתי לעיל סי' ט"ו דברי הרא"ש פ' הבא על יבמתו דמשמע מדבריו דאפי' היכא דאין כופין בשוטים מנדינן ליה. מ"מ אין נראה כן הלכה למעשה, דהא אמרינן בעלמא [פסחים נב ע"א] דשמתא קשה מנגדא. וגם הרא"ש גופיה כתב בפ' החובל [ב"ק פ"ח סי' ב] שאין לך גוביינא גדול מזה, דמשמתינן ליה דלנקטיה בכובסיה עד דשבק לגלימיה [עי' שבועות מא ע"א]. וכן כתב המרדכי [סי' רד] והגה"ת אשר"י [סי' יט] פ' המדיר וכתבו שמעשה בא כן לפני ר"ת שנידו לאחד ליתן גט ונתן גט, ופסל ר"ת את הגט וצוה לעשות לו גט אחר. וכן הסכמת רוב הפוסקים דהיכא דאין כופין אין מנדין אותו ג"כ, וכ"כ ב"י סימן קנ"ד בשם תשובת רשב"א, וכ"כ הריב"ש סי' קכ"ז, וכן פסק מהר"ל ן' חביב בתשו' סי' ל"ג, וכן כתב הרב בהג"ה סי' קנ"ד (ס"ך) [סכ"א] ושאר אחרונים. (וכן פסק בתשו' מהר"י ן' לב ספר ג' ס"ס ק"א באין לו גבורת אנשים דאין כופין להוציא לא בשוטים ולא בנדוי ושמתא. וכן מסיק בתשו' מהר"ר שלמה כהן ספר שלישי ס"ס מ"ב דלענין מעשה אין כופין אותו בשום דבר רק שאומרים לו שמותר לקרותו עבריין ע"ש) וכן עיקר.
מיהו כתב הרב בהג"ה שם וז"ל ומ"מ יכולים לגזור על כל ישראל שלא לעשות לו שום טובה או לישא וליתן עמו או למול בניו או לקברו עד שיגרש ובכל חומר שירצו ב"ד יכולים להחמיר בכה"ג ובלבד שלא ינדו אותו עכ"ל. והוא מדברי ר"ת ומהרי"ק ובנימין זאב, אבל בתשו' מהר"י ן' לב שם כתב וז"ל וה"נ לא עבדינן ההרחקה שכתב ר"ת והסמ"ק ומהרי"ק, לפי שלא ראינו ולא שמענו בדורנו זאת ההרחקה. ואפשר דטעמא הוי משום דבדורות הללו חמירא להו ההרחקה מנידוי ושמתא, וכל היכא דלא כייפינן בשוטים או בנדויים וחרמות גם לא עבדינן ההרחקה. פעם אחת בהיותי בשלוניק"י עלה במחשבה בין קצת החכמים למיעבד ההרחקה בנידון דהיה קרוב הדבר לכוף, ולא אסתייעא מלתא ולא נעשה מעשה, וכיון דכן הוא מלתא דפשיטא היא דלא כייפינן ליה לא בשוטים ולא בחרמות, ולא זה בלבד אלא אפילו שום הרחקה לא עבדינן ליה אלא דאומרים לו דמותר לקוראו עבריינא ע"כ, וטוב להחמיר.
תם ונשלם כל דיני אומרת גרשתני ודיני אין לו גבורת אנשים ושאר דינים השייכים להם באריכות. והנני נותן שבח והודיה לאל יתברך שמו אשר עזרני עד כה ונתן לי כח וחיל לעמוד בפלפול הארוך הזה. כי כמה יגיעות יגעתי וכמה טרחות טרחתי עד שיגעתי ומצאתי טעמ"ן של דברים המחוורים כשמלה היתה בכלל, ובפרט שיש כאן מבוכות רבות בגדולי הפוסקים ראשונים ואחרונים.
ולמען אשר יוכל המעיין לידע בקצרה שרשי הדינים העולים מכל משא ומתן הגדול הזה, אמרתי להעלות רשום בכתב אמת כללי הדינים בקצרה כשלחן ערוך המוכן לאכול לפני האדם. ומי שירצה לעמוד על עיקרי הדברים יעיין בפנים אשר משם יוצאים ונובעים כל דבריו מוכרעים, כלם בראיות ברורות, ובהוכחות גמורות, זה אחר זה סדורות, באותיות ובתיבות ובשורות, סמוכות תכופות וצרורות, כרוכות וחרוקות והדורות, בעזר האל פועל גבורו"ת, אין בלתו צר צורות, יאיר עינינו בקלות וחמורות, ויתיר לנו אסורות, ע"י מבשר בשורות.
כויעתר שבתי בן לא"א הגאון מוהר"ר מאיר כ"ץ ז"ל. יום ה' כ"ד סיון תי"ו יו"ד לפ"ק

Jetman: The human airplane

 A break from serious topics

Rape cases are legal minefields for colleges

Boston Globe

A closed- door encounter between two college acquaintances. Both have been drinking. One says she was raped; the other insists it was consensual. There are no other witnesses.

It's a common scenario in college sexual assault cases, and a potential nightmare to resolve. But under the 40-year-old federal gender equity law Title IX -- and guidance handed down last year by the Obama administration on how to apply it -- colleges can't just turn such cases over to criminal prosecutors, who often won't touch them anyway. Instead, they must investigate, and in campus proceedings do their best to balance the accused's due process rights with the civil right of the victim to a safe education.

Colleges that do too little about sexual assault could lose federal funds. The Department of Education's Office of Civil Rights is currently investigating a dozen colleges and universities over their response to sexual violence (documents obtained under the Freedom of Information Act show schools that have recently agreed to take steps to resolve OCR complaints over Title IX policies include universities such as Notre Dame, Northwestern and George Washington). [...]

But when colleges do take action against accused students, those students are increasingly lawyering up themselves, suing for breach of contract and negligence. And in at least two recent cases, in Tennessee and Massachusetts, male students have tread novel legal ground by alleging violations of their own Title IX protections against gender discrimination, arguing a college's sexual assault policies or procedures were unfairly stacked against men.

Pele Yoetz - Abused wife advised to remain silent?!

I was asked to post this excerpt from the Pele Yoetz. I have already posted the Pele Yoetz's strong condemnation of wife abuse as well as child abuse. So the obviously question is why is he advising the battered wife to remain silent? The obvious answer is that we are dealing with a situation where the wife does not have a ready option of divorce. In such a society the alternative to marriage to an abusive husband is often worse. The Pele Yoetz is simply advising her how to minimize her suffering. In the same chapter he  also advised that the husband put up with an abusive wife. In other words, he is providing suggestions to both abused husband and wife as what to do when divorce is not a viable option. This is excerpted from Rabbi Mansour's translation here

In truth, according to the dictum of our Sages (Eruvin 41b), "Someone who has a bad wife will not see Gehinom", it would be proper to seek a bad wife if he could stand the test, considering the enormous severity of the punishment of Gehinom. If he passes the test, then he will not inherit two Gehinoms (one in this world and one in the World to Come)! Rather he should accept her with love and he will receive a fine reward for his labors.