Hamas - religious not national struggle

The Times [See also Wall Street Journal referred by Jersey Girl]

The conflict in Gaza has been triggered by Israel's belief that the status quo has become intolerable and should be overturned.

There are several reasons why Israel felt it could not live with the situation in Gaza. The most immediate is the rocket attacks by Hamas that have made life for nearly a tenth of Israelis an exercise in anxiety. Also a factor is that Hamas, since it staged its putsch two years ago, has closed Gaza to all Palestinian groups that have accepted a two-state solution. This makes it impossible for Israel and the administration of President Mahmoud Abbas (Abu Mazen) in the West Bank to restart negotiations that could lead to the creation of a Palestinian state alongside Israel.

More importantly, perhaps, Hamas has forged an alliance with Iran based on President Mahmoud Ahmadinejad's strategy of “wiping Israel off the map”. Tehran's investment in Hamas is large enough to have given it a decisive say in shaping the group's strategy. Israelis see Hamas as one of the two arms of a pincer, along with Iranian-funded Hezbollah in Lebanon, that Tehran is building against them.

Thus, Israel's war aims are clear: end the rocket attacks, reopen Gaza to other Palestinian parties and eliminate the Iranian presence. This means creating a new status quo in which Hamas is not the dominant party in Gaza.

Some commentators have claimed that the cause of the current war is Israel's occupation. But Gaza - until last weekend - was the one bit of Arab territory nominally under Israeli occupation that was free of Israeli settlers and troops. Yet, most of Israel's troubles, in the form of rocket attacks and suicide operations, came from Gaza. At the other end of the spectrum, the Golan Heights, under Israeli occupation since 1967, have been as quiet as a churchyard despite the presence of large numbers of Israeli settlers and troops.

Hamas, as its charter and political literature make clear, does not want an end to Israeli occupation. It wants the end of Israel. That is because Hamas is part of a pan-Islamist movement with global messianic ambitions. Creating a Palestinian state in Gaza and the West Bank is not its aim. A branch of the Muslim Brotherhood, Hamas dreams of world dominion for its version of Islam rather than a mini-state in 5,000 square kilometres of barren land in a geopolitical backyard.[...]

Gaza - Who is winning?

Time Magazine:

[...] For in the end, the only thing that is certain is that every symbol of Hamas' rule in Gaza, every government building, police station, and office block has been replaced by a very large hole. It will take years for Hamas to re-build Gaza's infrastructure and to offer basic services to the war-dazed 1.5 million Palestinians inside the sealed-off territory.

R' Bomzer censured by Vaad for Conversion

Conversion - Retroactive nullification - child

Anonymous requested that I post this story about the retroactive nullification of conversion of the adopted son of the philosopher Fackenheim. It could be an important story but there are not enough details to draw any definite halachic conclusions.

YNET reports:

בית הדין הרבני בירושלים סיפק השבוע שערוריית גיור חדשה המסעירה את הממסד
הדתי והפוליטי. אב בית הדין האזורי, הרב יששכר דב הגר, פסל רטרואקטיבית את
גיורו של יוסי פקנהיים, שחי כל חייו כיהודי ואף נשא אישה באמצעות הרבנות,
כדת משה וישראל.

פקנהיים גויר לפני 29 שנה, כאשר היה תינוק, בבית דין אורתודוקסי בקנדה. כל
חייו הוא חי כיהודי לכל דבר ובשלב מסוים עלה ארצה והתחתן כהלכה, לאחר
שהרבנות ערכה את כל הבחינות הנדרשות.

לאחרונה נתגלעו פערים ומחלוקות בינו ובין אשתו והם החליטו, בהסכמה
הדדית, להיפרד. בני הזוג פנו לבית הדין הרבני האזורי בירושלים במטרה
להסדיר הליכים והגישו בקשה לסידור הגט.


לאחר שהתברר לאב בית הדין כי פקנהיים התגייר בעודו תינוק, הוא החל
לתחקר אותו בנושאי שבת, כשרות ושמירת מצוות. כשהרב אימת כי מדובר בבחור
שאינו דתי ואינו שומר שבת החליט אב בית הדין כי אין צורך בגט מאחר והבעל
אינו יהודי. גיורו נפסל רטרואקטיבית ועל כן נישואיו אינם נישואים.


בני הזוג התעקשו בכל זאת לקבל מסמך גירושין רשמי מבית הדין, על מנת
שיוכלו להסדיר את התוקף המשפטי במשרד הפנים. רק לאחר דרישה נמרצת של
פרקליט האישה ותלונות לנציבות קבילות השופטים והדיינים הסכים הרב הגר לסדר
גט לחומרה, אך השאיר בעינה את הקביעה כי הבעל אינו יהודי, ושמו צורף
לרשימת פסולי החיתון באופן שימנע ממנו לשאת אישה יהודיה באופן מקובל.
[...]

Should Jews hate Arabs?

Jersey Girl has left a new comment on your post "Arab propaganda war against Israel":

We were sitting in the vestibule of the synagogue on Shabbos, a group of mothers and children waiting for the service to end.

Two young pre teenage boys were playing a game, "I'm shooting Arabs","pow,pow, pow" "I'm blowing up Arabs", "I can kill more Arabs than you".

The mothers were horrified and one sends a child to go get her husband who questions the boys.

"Where did you learn this type of thing, this is terrible?" asks the father.

"Oh, the youth director, from NCSY," replies one of the boys. "We play a game on Shabbos called the "Settlers of Catan" and it is about an imaginary place, but we make it to be Israel and the object of the game is to kill as many Arabs as possible to win the game."

After Shabbos, one of the parents googles and learns that the game, developed in Germany, is played in nearly every NCSY youth group in the country.

During the 2006 Second Lebanon War Rabbi Sholom Wolpe, a prominent figure among Israeli Chabad told the local Kiryat Gat weekly "that the war should continue "until the enemy has been totally eradicated." [Interview with Shalom Dov Wolpo, Kiryat Gat Net (Hebrew), July 13, 2006]

Fortunately, the Orthodox Union issued a statement in response to Rabbi Wolpe's
racist and hateful remarks: “We unequivocally condemn Rabbi Wolpe’s statements. They are beyond the pale of legitimate democratic protest and have no basis in Jewish law or hashkafa (philosophy)".

But Chabad leaders have not distanced themselves from Wolpe and other extremist Messianics who call for genocide against Arabs.

Children in a local yeshiva bring home a parsha sheet in which the Ramban is credited with saying "that Arabs have been the evil enemies of the Jews since Avraham and Sarah".

A quick look at the referenced sefer, perek and passuk, shows that the Ramban never wrote such a thing. In fact, those who know history, know that the Ramban was expelled from Christian Europe and granted refuge in the Moslem Levant.

Where did this come from?

There is a great deal of Anti Arab and Muslim hate in our Jewish communities, so much that it is often shocking. This is not part of Judaism or our Torah. It is frightening to note how much Judaism has changed in the past 50 years. Our great grandparents would not recognize it.

Gaza imperils 2 state plan

NYTimes reports

With every image of the dead in Gaza inflaming people across the Arab world, Egyptian and Jordanian officials are worried that they see a fundamental tenet of the Middle East peace process slipping away: the so-called two-state solution, an independent Palestinian state coexisting with Israel.

Egypt and Jordan fear that they will be pressed to absorb the Palestinian populations now living beyond their borders. If Israel does not assume responsibility for humanitarian aid in Gaza, for example, pressure could compel Egypt to fill the vacuum; Jordan, in turn, worries that Israel will try to push Palestinians from the West Bank into its territory.

In that case, both states fear, they could become responsible for policing the conflict between the Palestinians and Israel, undermining their peace treaties with Israel. [...]

Abuse - rape of young girl

Just received this question :

Take this situation: A man regularly abuses a young girl He is not her brother, not her father, etc., so it is not Gilui arayot.

In this case, does she at all have a case against him according to torah law? Or can she just ask for a money settlement because she lost her virginity (if this is the case)? If he goes on abusing her for several years, will this make a difference (as compared to if he does it just one time)?

Has she a case to bring him to civil authorities? I would be very grateful for an answer to this question
===================================

The simple answer - 1) if you know for certain that these are the facts and he is still abusing her or others - is to call the police since this is viewed as a case of pikuach nefesh. The fact that this does not involve a specific sexual prohibition which is punishable by court or by kares - it still is prohibited because of many other Torah prohibition. 2) If it is only a suspicion - then contact someone who is experienced in these matters - whether a rabbi, psychologist or social worker - and ask how to proceed. Do not consult people who are not experienced in issues of abuse.

However if this is in regard to past activity and he no longer abuses and there is absolutely no possibility he will abuse in the future - the situation is different. In that case you need to consult with rabbinical authorities as well as a lawyer and experienced mental health expert.

Rav Eliashiv: Question: If someone is sexually abusing a boy or a girl in circumstances which we can’t stop him from continuing his evil deeds – is it permissible to notify the government authorities? Answer:...However, it is permitted to notify the government authorities only in the case which it is certain that the accused has been sexually abusing children. Informing the authorities in such a case is clearly something for the well being of the society (tikun olam). However in a case where there is no proof that this activity is happening but it is merely a conjecture or suspicion, if we permit the calling of the authorities - not only would it not be an improvement (tikun olam) - but it would destroy society. That is because it is possible that allegations are being made solely because of some bitterness the student has against his teacher or because of some unfounded fantasy. As a result of these false allegations the accused will be placed in a situation for which death is better than life – even though he is innocent. Therefore I do not see any justification for calling the authorities in such circumstances.

1) pikuach nefesh - Rav Eliyashiv [heard from Rav Maier Horowtiz - the Bostoner Rebbe's son] and Rav Sternbuch [heard directly] have clearly stated sexual abuse destroys the person and is thus pikuach nefesh. Simply put the person who is doing this is no different than someone trying to murder her. You must use the minimum effective action that will protect her. If it is clear that this is happening - call the police. The perpetrator is a rodef.

2) physically harming another person is prohibited

3) psychological harm is prohibited by "lo sono" Vayikra 25:17

4) embarrassing and degrading another person is prohibited

5) there is also a Torah requirement to stop a person from sinning.

6) this is also Torah violation of "loving your fellow as yourself"

7) there is a need to rebuke a sinner

8) the disgusting behavior of this individual degrades the spritual status of all Jews - through the mechanism of arvus.

9) there is a Torah prohibition of standing idly by while someone is being harmed

Arab propaganda war against Israel

YNET reports:

From the outset of Operation Cast Lead, a narrative that is highly disturbing for Israelis and Jews has emerged in the Arab world. "Israel carries out mass extermination," Hamas and Islamic Brotherhood spokesmen scream out on Arab satellite networks, and especially on al-Jazeera.

"Collective punishment, genocide, Holocaust," these same spokesmen cry out, with photos of dismembered bodies in the wake of Air Force attacks posted in the backdrop. These are charged words, yet it is precisely what speakers are trying to achieve: They wish to show the world that Israel has replaced Nazi Germany. Those are not slips of the
tongue, but rather, a deliberate argument that is repeated time and again.

From early on in the war, a dual and often contradictory narrative had been created by various Arab media outlets. Yet despite the contradictions, it appears many Arabs accept it: On the one hand, Israel is portrayed as a Nazi state and a mass exterminator of defenseless civilians, while the world remains silent. Yet on the other hand, "Palestinian resistance fighters" are said to pulverize Israel mercilessly, with the IDF said to conceal its casualties. [...]

Norwegian doctor in Gaza - Apologist for Hamas

Fox News:

A high-profile Norwegian doctor who has said the September 11 terrorists were justified in their attack is now treating patients in Gaza and is being accused of presenting "hard-core propaganda" to TV interviewers in his telling of the conflict between Hamas and Israel.

Dr. Mads Gilbert has become an unofficial advocate of the Palestinian cause, his critics say.

International media reports, including those from the BBC, CBS, CNN and FOX’s sister station Sky News, present Gilbert as an ordinary doctor.

But a look at his record shows that Gilbert, 61, is a political activist and member of the Norwegian Maoist "Red" party, and he has been involved in solidarity work for the Palestinians since the 1970s. He has criticized the international aid organization Doctors Without Borders for refusing to take sides in conflicts.

Gilbert volunteers at the Al-Shifa Hospital in Gaza with the Norwegian Aid Committee (NORWAC), an aid organization funded by the Norwegian government, and he has been interviewed by the media on a variety of issues. Israeli government officials have said Hamas hides weapons in the hospital where Gilbert works.[...]

Moetzes Gedolei HaTorah in America

To all dear Jews concerned about their fellow-Jews in this time of distress:

In light of the current situation, in which thousands of Jews in the Holy Land are in danger due to the attacks of the enemy, we regard it as proper to strongly emphasize the obligation on us all to awaken ourselves in prayer, to ask for Divine mercy for our dear brethren and to increase our charity and good deeds for the protection of the remnant of Yisroel from any and all harm. We should intensify the practice of reciting chapters 83, 130 and 142 of Tehillim each day, and fervently pour out our hearts in the prayer - Vehu Rachum' said on Monday and Thursday mornings and in the blessing of -Hashkiveinu in Ma'ariv, where we ask Hashem to -spread upon us Your tent of peace' and conclude -the Guardian of His nation Yisroel forever."

May Hashem in His abundant mercy and kindness shield His nation and heritage, release them from all straits, and take us from darkness to light and from subjugation to redemption. Amen, may it be His will.

8 Teves, 5769 [forwarded by RaP]

Hamas - Rejoicing in Palestinian suffering

NYTimes reports:

The emergency room in Shifa Hospital is often a place of gore and despair. On Thursday, it was also a lesson in the way ordinary people are squeezed between suicidal fighters and a military behemoth.

Dr. Awni al-Jaru, 37, a surgeon at the hospital, rushed in from his home here, dressed in his scrubs. But he came not to work. His head was bleeding, and his daughter’s jaw was broken.

He said Hamas militants next to his apartment building had fired mortar and rocket rounds. Israel fired back with force, and his apartment was hit. His wife, Albina, originally from Ukraine, and his 1-year-old son were killed.

“My son has been turned into pieces,” he cried. “My wife was cut in half. I had to leave her body at home.” Because Albina was a foreigner, she could have left Gaza with her children. But, Dr. Jaru lamented, she would not leave him behind.

A car arrived with more patients. One was a 21-year-old man with shrapnel in his left leg who demanded quick treatment. He turned out to be a militant with Islamic Jihad. He was smiling a big smile.

“Hurry, I must get back so I can keep fighting,” he told the doctors.

He was told that there were more serious cases than his, that he needed to wait. But he insisted. “We are fighting the Israelis,” he said. “When we fire we run, but they hit back so fast. We run into the houses to get away.” He continued smiling.

“Why are you so happy?” this reporter asked. “Look around you.”

A girl who looked about 18 screamed as a surgeon removed shrapnel from her leg. An elderly man was soaked in blood. A baby a few weeks old and slightly wounded looked around helplessly. A man lay with parts of his brain coming out. His family wailed at his side.

“Don’t you see that these people are hurting?” the militant was asked.

“But I am from the people, too,” he said, his smile incandescent. “They lost their loved ones as martyrs. They should be happy. I want to be a martyr, too.”

Beis Din vs. Dina de Malchusa /HAFTR

RaP wrote:

(Here's a story about a Bais Din and Din Torah that has nothing to do with conversions, altho it has similarities in that like Rabbi Tropper and EJF who ignored the pleas of the Bais Din Tzedek of the Eidah Hachareidis, it is a zilzul of a Bais Din, and it goes further by landing up in gentile arka'os (courts), a very grievous matter in Halacha:)

Question: When a Din Torah clashes with "Dina de Malchusa" in the form of a secular court's counter-verdict, what does one do?

Or: Who took this case to to non-Jewish court after it was already adjucated, and why? Does the Bais Din have the power to put in cherem the person who took the Bais Din to a secular court?

If anyone has the answers to these questions, I would greatly appreciate it. Thank you!

Here is the story, that is both fascinating and foreboding:

From:
The Jewish Star Also reported in Vos Iz Nei'as

"Beit Din decision overturned

NYS Supreme Court calls verdict on HAFTR teacher ‘irrational’

By Michael Orbach

Issue of Jan. 9, 2009 / 13 Teves 5769

The New York State Supreme Court has overturned a decision by the Beth Din of America, shocking both the rabbinical and civil legal communities. In a Dec. 18 decision, Justice Bruce M. Balter of Kings Country Supreme Court found that a verdict concerning a teacher at the Hebrew Academy of the Five Towns and Rockaway, rendered by the beit din, was “irrational” and “violative of public policy.”

Left unappealed, the ruling could impact future beit din verdicts.

The case concerns a rebbe named Nachum Brisman. He began teaching at HAFTR in 1991 and was let go at the end of the 2005 academic year due to differences in hashkafa (religious outlook) with the school. He had received tenure over the course of his employment, though tenure was canceled school-wide in 2005. A din Torah (trial) before a panel consisting of Rabbi Mordechai Willig of Yeshiva University, Rabbi Steven Pruzansky of Congregation Bnai Yeshurun of Teaneck, and Rabbi Ronald Warburg found in Brisman’s favor and awarded him $50,000 in back pay. The beit din also doubled his salary to $100,000, reinstated his tenure and ruled that any future termination of Brisman must go through the beit din itself even though the original arbitration agreement granted such jurisdiction for just one year.

Marvin Neiman, Brisman’s lawyer, stressed the nature of the compromise.

“It was a good compromise because it made everyone unhappy,” Neiman told The Jewish Star. He also explained that the beit din salary award was lower than Brisman’s total 2005 compensation which, according to Neiman, was mainly built through overtime.

A HAFTR official said that the school would have no comment about a pending legal matter.

While Neiman believed that HAFTR would honor the beit din’s decision, he sought to confirm the award with the New York State Supreme Court, which is a common step after arbitration. The overturning of an arbitration verdict is relatively rare and considered unusual.

While arbitration verdicts are not enforceable, the decisions are given weight in court. According to a 2006 precedent, an arbitration decision cannot be vacated, even if there is a factual error in the case, unless there is a suspicion of fraud, irrationality, or a harm to public policy. There is no suspicion of fraud in the case. Nonetheless, the Supreme Court refused to confirm the verdict.

Justice Balter found that the decision should be voided on the grounds that the decision was irrational, the beit din specifically went beyond its enumerated authority and that the verdict violated public policy.

The decision was irrational on two counts, Balter found. [...]