Saturday, March 21, 2009

Abuse - Incest - immoral but legal


Associated Press

Surprising as it may seem, incest is not always a crime in Europe.

Three European Union nations — France, Spain and Portugal — do not prosecute consenting adults for incest, and Romania is considering following suit.

The shocking case of Austrian Josef Fritzl, found guilty this week of holding his daughter captive for 24 years and fathering her seven children, has focused new attention on incest — which is a crime in itself in Austria even if the acts are consensual. But in the Fritzl case it was in connection with rape, homicide and other charges that led to a sentence of life in a secure psychiatric ward.

Laws exempting parents, grandparents, brothers and sisters from prosecution for incestuous acts if they are not forced upon adult family members are decades old in France, Spain and Portugal.

In Romania, decriminalizing incest among consenting adults is being considered as part of a wide range of reforms to the country's criminal code. No date has been set yet for a parliament vote on the bill, and opposition to the proposal is fervent even among some lawmakers in the ruling coalition.

Currently all forms of incest in Romania are punishable by up to seven years in prison. But Romania's Justice Ministry suggests the new legislation would move the country — which joined the European Union two years ago — closer legally to some other EU members.

"Not everything that is immoral has to be illegal," said Justice Ministry legal expert Valerian Cioclei. "We cannot help these people by turning them into criminals and punishing them."[...]

Friday, March 20, 2009

Rambam - Faith & Doubt & the study of Science


Daas Torah: "Why don't we try another dichotomy. If you think his [Rambam] belief that studying of science leads to a greater appreciation of G-d is applicable to all times and all places - than you would conclude that he made a major mistake. On the other hand if you view that he only wrote that for his generation then you would assume that he would have abandoned it in our age when we see being a scientist does not produce a better understanding of G-d than studying Torah."


רפאל I do not think that the Rambam would abandon his view. True, he would be shocked by Chilonim studying Science and not finding G-d. But his directives were for Torah Jews. I submit he would be appalled by the intellectual corruption in today's Yeshiva world, in no small part caused by the ignorance of Science, davka after it gave birth to insights into Creation that are without precedent.

===========================================

I think the above exchange demonstrates the gap between the two sides. The Rambam is pictured by my opponents as the Enlightened Man - fearlessly search for truth without regard for the consequence. Urging all men to drop their blinders and no longer fear the Truth which is contained in Science and Philosophy.

This stereotype is simply not supported by the Rambam's own writings. For example the Rambam says that the Morech Nevuchim was not written for everyone. It was specifically written for those who involved in science and philosophy and were bothered by how to integrate the material. Even so he wrote this work with great care - concealing much of his true views as he writes in his introduction. In fact the Rambam was so successfull in concealing what his views were - as manifest by the apparent contradictions between the Moreh Nevuchim and Mishneh Torah - there is no agreement even amongst academics as to the Rambam's true positions on many issues.

Then we have his letters - one of which describes his abandoment of the study of Torah for science and philosophy. Rav Kapach simply says it is a forgery because it is inconsistent with eveything else we know about the Rambam. Then we have the view that the Rambam says that there is no need to study anything besides the Mishneh Torah. Yet he writes in one of his letters that in his yeshiva there was a traditional study of Talmud.

The false fantasy of the Rambam's espousal of fearless search for truth becomes unraveled with his statement that one is not allowed to study works which leads to questions and possible heresy. He says that even a sincere person who is trying to understand Torah - but concludes a view which is heresy - is in fact a heretic.

The Rambam would not walk into Lakewood and knock the shtenders over with the cry - "Go to college and seek the truth - you have nothing to fear!"

One always has to keep in mind the audience for a particular program

A number of years ago Rabbi Dr. Norman Lamm wrote a book "Faith and Doubt" which argued for the positive view of having doubt and having searching questions. However tucked away in a footnote 52 he presents a similar position to the above noting Hilchos Avoda Zara (2:3) which proscribes the study of that which may lead to heresy and hence into doubt. "If one reads the passage in Avoda Zara carefully he will note the author's explanation of and qualifications on his prohibition: the inablity of all kinds of mentality to understand philosophic truth...the emphasis on the fact that this is a general decision to be applied to the masses of people... and to casual unsystematic suty... and the fear that such speculation will be undertaken by those who do not know its fundamental principles and methods... Obviously Maimonides was dealing with two principles which had come into conflict - the duty to know G-d rationally, and the obligation to protect the unsophisticated from spiritual confusion...What, however, if the state of society and culture are such that to follow these rules without deviation would result in wholesale abandonment of faith? Would we be justificed in applying these rules regardless of the effects that were to follow? Obviously not.... In Maimondies' days, most peole were covered by his decision in Hilchos Avoda Zara and the minority of accomplished scholars and sophisticated intellects by the law in Hilchos Yesodei HaTorah. That was how the halacha protected the integrity of the faith. Today there may be pockets here and there of those who will live in self-contained communities without any access to the great sources of Western Civilization; for them the same decision holds true without change. But most of us, despite our lack of halakhic expertise and our doubtful philosophic sophistication, are such that doubt is ubiquitous with us and if we do not entertain it yet we surely will be exposed to it before long..."

Thus we must acknowledge and be concerned about the consequence of a particular program of study. If a person comes from a culture where Science is the standard of truth - then it might be important to address the issues as R' Slikin is doing. Then again it might be better to simply teach him that the only truth that matters is Torah. However a person who is in the Chareidi society immersed in learning Torah day and night. It is highly unlikely his yiras Shamayim will benefit from a diet of contradictions of Science and Torah and proposed solutions. There are, however, a minority of Charedi Jews that can benefit and therefore should study these issues. It is simply not for everyone.

Rav Sternbuch - Final battles before Moshiach

Thursday, March 19, 2009

Abuse - Press charges or help victim?


In Abuse Case, Press Charges Or Help The Victim?


Temima Shulman Special to The Jewish Week | Mar 18, 2009

A rabbinic expert on abuse in the Jewish community told a conference in Teaneck, N.J., dealing with child sexual abuse last week that “working outside of law enforcement is irresponsible,” and was highly critical of the efforts of Borough Park Assemblyman Dov Hikind.

Rabbi Mark Dratch, who heads JSafe, a not-for-profit organization that addresses issues of abuse in the Jewish community, depicted Hikind, who has been outspoken in recent months in calling attention to the problem of abuse in the Orthodox community, as trying to be an advocate for the abused while refusing to give over the names of alleged perpetrators he says he has amassed to the police. - Read More -

Conservative Judaisim - 3 generation movement


Jpost - Sherwin Pomerantz The writer is president of Atid EDI Ltd., a Jerusalem-based economic development consulting firm,

Rabbi Jerome Epstein's op-ed regarding bringing back the Conservative Movement's most committed young people to Conservative synagogues (March 17) reminds me of the farmer who closed the barn door after the horses left.

His statement that "many of the more committed people who were inspired by our movement have chosen to identify with Orthodox congregations, not because of the ideology but because they seek others who share their commitment to the very ideals that we say we hold dear. They bought into what we said we stand for - but they do not find it in our synagogues. So they seek elsewhere" describes exactly my situation as well as that of so many of my friends and associates who grew up in the Conservative Movement in the US and who now live traditional life styles within the framework of Orthodox synagogues, albeit for the most part in what is know as "modern" Orthodox.

I am a product of the movement. I was president of one of its Chicago area synagogues, Midwest regional president, chairman of the United Synagogue's Council of Regional Presidents, national vice president and, upon making aliya in 1984, founder and officer of Kehilat Ya'ar Ramot, the Conservative congregation in that Jerusalem neighborhood. Yet today, I am the head of the board of the Ohel Nehama synagogue in Katamon and very much involved in the life of that community. What happened?

Rabbi Epstein, whom I have known for the more than 35 years that he has been a professional with the United Synagogue, hits the nail on the head when he says: "They perceive that there is no place for them and their Judaism in the Conservative synagogue." It was not as if those of us who were in the ranks of the traditionalists of the movement left the movement, rather the movement left us by failing to support, in practice, what the movement purported to support in theory.[...]

Rebbtzn Sternbuch A"H - Brother's Hesped

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": [...]

Yemenites - Satmar vs. Jewish Agency


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.[...]

Wednesday, March 18, 2009

First all-encompassing Israeli center for child abuse

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.[...]