Kidneys for sale - is it immoral?

Wall Street Journal

Even by New Jersey standards, Thursday's roundup of three mayors, five rabbis and 36 others on charges of money laundering and public corruption was big. But what put this FBI dragnet head and shoulders above the rest are the charges of trafficking in human body parts.

According to a federal criminal complaint filed in district court in New Jersey, Levy Izhak Rosenbaum of Brooklyn conspired to broker the sale of a human kidney for a transplant. The cost was $160,000 to the recipient of the transplant, of which the donor got $10,000. According to the complaint, Mr. Rosenbaum said he had brokered such sales many times over the past 10 years.

"That it could happen in this country is so shocking," said Dr. Bernadine Healy, former head of the Red Cross.

No, it isn't. When I needed a kidney several years ago and had no donor in sight, I would have considered doing business with someone like Mr. Rosenbaum. The current law—the National Organ Transplant Act of 1984—gave me little choice. I would be a felon if I compensated a donor who was willing to spare me years of life-draining dialysis and premature death.

The early responses to the New Jersey scandal leave me dismayed, though not surprised. "We really have to crack down," the co-director of the Joint Council of Europe/United Nations Study on Trafficking in Organs and Body Parts told MSNBC. That strategy is doomed, of course. It ignores the time-tested fact that efforts to stamp out underground markets either drive corruption further underground or causes it to flourish elsewhere.

The illicit organ trade is booming across the globe. It will only recede when the critical shortage of organs for transplants disappears. The best way to make that happen is to give legitimate incentives to people who might be willing to donate. Instead, I fear that Congress will merely raise the penalties for underground organ sales without simultaneously establishing a legal mechanism to incentivize donors.

Al Gore, then a Tennessee congressman who spearheaded the National Organ Transplant Act, spoke of using "a voucher system or a tax credit to a donor's estate" if "efforts to improve voluntary donation are unsuccessful." After 25 years, it is clear they have been unsuccessful.

More than 80,000 Americans now wait for a kidney, according the United Network for Organ Sharing. Thirteen of them die daily; the rest languish for years on dialysis. The number of donors last year was lower than in 2005, despite decades of work to encourage people to sign donor cards and donate to loved ones. [...]

Why Obamacare is sinking/Krauthammer

JPost

What happened to Obamacare? Rhetoric met reality. As both candidate and president, the master rhetorician could conjure a world in which he bestows upon you health care nirvana: more coverage, less cost.

But you can't fake it in legislation. Once you commit your fantasies to words and numbers, the Congressional Budget Office comes along and declares that the emperor has no clothes.

President Obama premised the need for reform on the claim that medical costs are destroying the economy. True. But now we learn - surprise! - that universal coverage increases costs. The congressional Democrats' health care plans, says the CBO, increase costs in the range of $1 trillion plus.

In response, the president retreated to a demand that any bill he sign be revenue neutral. But that's classic misdirection: If the fierce urgency of health care reform is to radically reduce costs that are producing budget-destroying deficits, revenue neutrality (by definition) leaves us on precisely the same path to insolvency that Obama himself declares unsustainable.[...]

Aish HaTorah & Anusim

Aish HaTorah has published yet another article indicating the anusim or marranos are somehow Jews.

From my family I am the only one who "returned" to embrace Judaism. But I choose to focus on the positive things my ancestors did accomplish. I feel the very reason I am today a Jew must be because ultimately they did something right. I have no doubt that it was because of the merit of my ancestors dying "al Kiddush Hashem," sanctifying God's name, that I have the privilege to become a full-fledged Jew.

Conversion - is there age discrimination?

Sara asked

I am a 58 year old candidate for geirus. I have been trying for the last 4 years to convert. Despite the fact I have taken all the courses and have been shomer mitzovs for a number of years - the beis din does not seem very interested in converting me. I have sacrificed a lot to convert - in particular I have lost my connection with my family because I am trying to convert. I would like to know if there are older single women who are having a difficult time converting. I suspect it is because of my age and that if I was young, had money or children, I know I would have a valid conversion already. I also believe that if I was in a relationship with a Jew that I also would have been converted already. I also have observed that those who claim to be Jewish - i.e., have a Jewish father or have think that they have Jewish ancestry are also more readily converted. Is there anything I can do to facilitate the matter? For example can anyone recommend a respected beis din that might be more interested in convering me? I am not concerned whether it is Modern Orthodox or Haredi - I would like to be converted already. Finaly I have a close friend who is also trying to convert. But she says that her mother was actually Jewish but she can't prove it. Are there any services that can help her provide evidence that a beis din would find acceptable? Are there any internet resources that could be used?

Again, thank you for your time,

Informing on Others to a Just Government

Rabbi Michael J. Broyde - [page 43-45 Journal of Halacha]

5. A Jew is knowingly and intentionally cheating on his United States taxes. May one inform on him to the Internal Revenue Service? According to the view of Rabbi Waldenberg, such conduct government.is permitted because informing is not wrong to a just government. According to Rabbi Batzri, such informing is prohibited and makes the informer a pursuer, as it will land the tax cheater in jail, and that is prohibited. According to Rabbi Wosner, although such conduct is not informing, it is prohibited under the rubric of doing gratuitous harm to another,and would only be permitted when the informer stands to benefit concretely from the arrest,94 or when it was one's job to detect such people or when being silent leads to desecration of G-d's name or informing leads to a sanctification of G-d's name, in which case informing is mandatory.95 According to Rabbi Feinstein, such informing is prohibited and makes the informer a pursuer (unless this conduct is one's job, and if he did not do it, someone else would and the person would be detected

94. Such as when the government knows about the cheating and actually suspects the informant of being the cheater. 95. See Shulchan Aruch Choshen Mishpat 266:1. 96. Rabbi Shmelkes' view is hard to determine. Cheating Medicaid or Medicare would seem to be no different than cheating on taxes. Consider a simple case of a doctor who is in a medical practice with another doctor who is forging the first doctor's signature on Medicare reimbursement forms; may the first doctor inform on the second? This case is relatively simple as informing is the only certain way the first doctor can preserve his own Medicare rights. He is informing for direct personal benefit, and thus such conduct would be permitted, even more so since Medicare fraud only very rarely results in jail sentences. A much harder hypothetical involves a Jew who is involved in non-violent criminal activity with a group of Jews and who – alone – is caught by the police. The other members of the criminal ring are not caught and their identities are still unknown. The District Attorney offers this defendant a deal, in which if he reveals the identity of his fellow criminals he will serve no jail time. Otherwise, a full penalty will be imposed. While a full analysis of this matter is quite complex, it is clear that one who informs out of fear of being punished himself anyway).is not generally deemed an informer; Choshen Mishpat 388:2. However, many authorities deem such conduct a sin; see Pitchai Choshen volume 5 Chapter 4, notes 31 and 32 and Chapter 12, paragraph 5 and 27. According to the view of Rabbi Waldenberg, such conduct is permitted as informing is not wrong in a just government. According to Rabbi Batzri, this conduct saves one's life, while endangering the life of others, and is wrong. According to Rabbi Wosner's approach, if this is an area where the authority of the secular law is valid in the eyes of Jewish law, such conduct is permitted. According to Rabbi Feinstein, such informing is prohibited and perhaps even makes the informer a pursuer.

Money laundering case will lower donations to yeshivos

Haaretz

Government sources believe that one of the aftereffects of the massive money-laundering and illegal organ trading case that broke this week will be a sharp decline in donations to Israeli yeshivas, particularly those linked with the ultra-Orthodox party Shas and its spiritual leader, Rabbi Ovadia Yosef.

Three New Jersey mayors and several rabbis were arrested last Thursday in a sweeping federal investigation into political corruption that also uncovered human kidney sales and money laundering from Brooklyn to Israel.

Sources say that the wave of donations received by Israel's Sephardic yeshivas will significantly diminish as the scandal breaks, even by Jewish bodies unrelated to the affair who want to distance themselves from it.

One of the main suspects in the money laundering case is Rabbi Eliyahu Ben-Haim, who is a close associate of Rabbi David Yosef, Ovadia Yosef's son. Ben Haim is also very active in the Yechavei Da'at organization, headed by Rabbi Ovadia Yosef's family.

David Yosef heads the Yechavei Da'at kolel, an institute for advanced studies of the Talmud and rabbinic literature, in Jerusalem. Ben-Haim has helped elicit donations from rich U.S. Jews for the institution in the past. These donations are expected to cease. [...]

FBI Corruption scandal ITN video

Shas restarts Ethiopian immigration - mistake?

Haaretz

Quietly, without fanfare or any sort of serious debate, the government is resuming Falashmura immigration from Ethiopia, a year after it was ended by the previous administration.

Interior Minister Eli Yishai, the man who holds the keys to the gates of Israeli citizenship, is sending officials to Ethiopia to restart the process of examining the eligibility of potential immigrants. They will be looking at Falashmura claiming to be descendants of Jews who for some reason or other converted to Christianity generations ago.

In the first stage, they will review the cases of 3,000 Falashmura who were apparently left out of the process, but ultimately Yishai wants to enable all the inhabitants of the Falashmura compound in Gondar, which has an official population of 8,700, to apply for citizenship.

Thus, in typical Israeli fashion, a whole government policy been overturned without a cabinet meeting to discuss the various ramifications, nor has there been any inter-departmental discussion to plan all the contingencies. So what if the entire immigration and absorption setup - operated jointly by the interior and absorption ministries, the embassy in Addis Ababa and the Jewish Agency - has been dismantled and nobody knows where the funding for rebuilding it is going to come from, for how long it is expected to operate again and for how many immigrants? Screw long-term planning.

The pressure groups pressed, the rabbis ruled and the minister gave the order. The word is out in Ethiopia, the disappointed multitudes who left the Gondar compound are returning, and more family members will be joining them. The Israelis are opening the gates again.

It is hardly surprising. The Operation Solomon airlift in May, 1991 was to have finished the saga of Ethiopian Jewry once and for all, but despite four government committees and countless policy decisions since, all it took was one ministerial dictate to change the situation.

The cabinet decided in 2005 to set a firm date after which the Falashmura immigration would end and to limit the total numbers of migrants who would be allowed in. So what? The influential Falashmura lobby predicted that all it was needed was change of government to re-open the process and they were right. An absurd coalition has grown up around the Falashmura cause. Liberal American Jews who want Israel to do their tikun olam (healing the world) by accepting black citizens with a vague connection to the Jewish people join religious right-wingers who see the Ethiopians as the ultimate antidote to the Palestinian demographic problem. And Shas rabbis clinging to Rabbi Ovadia Yosef's original ruling, 35 years ago, in which he recognized the Falashmura as Jews, have also banded with them.

Former interior minister Meir Sheetrit opposed them, with the backing of Ehud Olmert and Tzipi Livni, but no one is going to stop his successor now. Benjamin Netanyahu is certainly not going to endanger his increasingly shaky coalition by fighting Shas on this issue; many of those around him have long been fans of the Falashmura cause.

Neither is he going to open up another front with American Jewish leaders. He needs their support now more than ever as the strategic relationship with Washington plumbs new depths. Can you imagine what it would look like if Israel denied the rights of "black Jews" while the son of a Kenyan sits in the Oval Office?

Of course no one has taken the trouble to consult with the impressive group of professionals, and Jewish Agency and Foreign Ministry veterans who worked in Ethiopia for years and have a clear position on the issue. They would have told them that there is no finite number of Falashmura who can claim a tenuous link to Jewish roots. The family structure and marriage norms of Ethiopian society are of a fluidity incomprehensible in the West and every new immigrant who is allowed in opens up the opportunity for former spouses and stepchildren who will demand family reunification.[...]

R' Avraham Goldstein - discusses geirus

Yiddeleclips - Shaul Gromer

Rav Sternbuch - freedom of speech

55

Obama stokes racism by comments

Fox News

The white police sergeant accused of racial profiling after he arrested renowned black scholar Henry Louis Gates Jr. in his home was hand-picked by a black police commissioner to teach recruits about avoiding racial profiling.

Gates accused the 11-year department veteran Sgt. James Crowley of being an unyielding, race-baiting authoritarian after Crowley arrested and charged him with disorderly conduct last week.

Crowley confronted Gates in his home after a woman passing by summoned police for a possible burglary. The sergeant said he arrested Gates after the scholar repeatedly accused him of racism and made derogatory remarks about his mother, allegations the professor challenges

Gates has labeled Crowley a "rogue cop," demanded an apology and said he may sue the police department.

Cambridge Police Commissioner Robert Haas, in his first public comments on the arrest, said Thursday that Crowley was a decorated officer who followed procedure. The department is putting together an independent panel to review the arrest, but Haas said he did not think the whole story had been told.

"Sgt. Crowley is a stellar member of this department. I rely on his judgment every day. ... I don't consider him a rogue cop in any way," Haas said. "I think he basically did the best in the situation that was presented to him."

Haas said Crowley's actions were in no way motivated by racism.

On Wednesday, President Obama elevated the dispute, when he said Cambridge Police "acted stupidly" during the encounter. [...]

NYTimes

The police sergeant whom President Obama accused of acting "stupidly" in arresting a prominent black Harvard professor offered his own account of the incident on Thursday, adding a new dimension to a drama that has transfixed the nation.

The arrest of the professor, Henry Louis Gates Jr., was dominating talk shows and dinner conversations even before Mr. Obama discussed it on Wednesday at his news conference. But the president's comments seemed to further polarize the national debate over whether the sergeant, James Crowley, who is white, was right to arrest Professor Gates for disorderly conduct while investigating a possible break-in at the professor's home in Cambridge, Mass.[...]

Chillul HaShem - Money laundering & corruption

NYTimes

Illegal sales of body parts. Furtive negotiations in diners, parking lots, and boiler rooms. Nervous jokes about “patting down” a man who turned out to indeed be an informant. And, again and again, piles of cash being passed along — once in a box of Apple Jacks cereal stuffed with $97,000

In this world of underhanded dealing and illicit promises, corrupt payments were “invitations” and approvals for development projects were “opportunities.”

Those were just some details of a sprawling corruption scandal, stretching from New Jersey to Brooklyn and beyond, that were revealed in court papers Thursday. Forty-four people were arrested, including three New Jersey mayors, two state assemblymen and five rabbis, the authorities said.[...]

Yeshiva World News editorial
Over the past 2 years, many small non-profits in Israel – ranging from yeshivot to medical organizations – have fallen under scrutiny from the IRS. For the past 2 years, Israeli non-profits couldn't understand the scrutiny. Today it became clear: No Jewish non-profit could be trusted to be legitimate. [...]

Psychiatrist concludes mother is fit to stand trial

Haaretz

A court-commissioned psychiatric evaluation of the ultra-Orthodox mother suspected of starving her son did not support claims that she was unfit to stand trial, the examining psychiatrist said.

Jerusalem's District Psychiatrist said he did not accept the results of Dr. Yaakov Meir Weil's examination.

Weil performed the examination at the home of the woman's rabbi, where she is staying in house arrest. Weil, who came there at the request of rabbis from the woman's religious sect as per an agreement between the woman and a judge who arraigned her, also said he could not diagnose the woman "based on a two-hour" talk.


The mother, a Haredi woman from the Eda Haredit group in Jerusalem, was arrested after hospital officials at Hadassah University Hospital, Ein Karem, saw her remove a feeding tube from her severely underweight three-year-old child on a hidden camera. She claims that she was trying to feed her son solid foods.

One of the things that Weil had come to ascertain was the possibility that the woman is suffering from Munchausen syndrome - a psychiatric disorder wherein sufferers feign or create disease, illness, or psychological trauma in themselves or in loved ones in order to draw attention or sympathy.

But in a talk with Haaretz, Weil criticized police and doctors at Hadassah who speculated that the mother suffered from this condition. "I hope we can see each other in the future so I can help her. The environment she comes from is not used to requiring psychological services but maybe I can meet her in the future to reach a diagnosis based on the relationship I have with them," he said. "People in Hadassah diagnosed her without her ever meeting a psychiatrist. The talk about the Munchausen syndrome is gossip as far as I'm concerned."

Weil added that the syndrome was "not something that can be diagnosed through a two-hour talk or any sort of simple psychiatric interview."

"In our talk, I saw nothing to convince me she is unfit to stand trial, psychotic or has trouble telling right from wrong," he added.

Privacy and sensitity towards Chareidim?

JPost

Mental disease is not a crime. Society's role is not to banish mental patients, but to care for them while recognizing the patient's human rights and the need to safeguard the public. A society's attitude toward the mentally ill reflects its moral standards, values…
- Former supreme court chief justice Aharon Barak

By this criterion how should Israeli society, and the media in particular, evaluate its performance in the case of the mother suspected of starving her toddler son due to Munchausen Syndrome by Proxy (MSP)?

In this rare disorder, which is almost impossible to diagnose and cannot be treated, an adult caregiver deliberately causes harm to a vulnerable dependent - most often a child. The underlying cause is a morbid craving for attention.

MSP is either a personality or a psychiatric disorder - experts disagree - though it can have criminal consequences. Most professionals believe that a mother with MSP does have the capacity to control her urges. We cannot know what impelled this mother to allegedly inflict suffering on her child. Her psychiatric evaluation began only Monday night.

After the mother was arrested by police, the family obtained a court order barring publication of the story. Somehow a Hebrew tabloid got wind of the news, challenged the injunction and won. Perhaps the court acted precipitously in lifting the gag order, robbing authorities and community leaders of the opportunity to resolve their differences away from the limelight.

The tabloid then sought and obtained a comment from Hadassah hospital. Subsequent coverage by the press emphasized that the family involved was from an insular anti-Zionist haredi sect - Toldot Aharon. Coming on the heels of the so-called Taliban mother from Ramat Beit Shemesh and several other instances of child abuse among the ultra-Orthodox, the haredi angle to the Munchausen Syndrome story grabbed the headlines and wouldn't let go.

SO THERE are two issues here. One is whether the right to privacy of the suspect - who is also allegedly mentally ill - was violated; the other is whether the haredi angle was overplayed.

Should Israel's 1981 Privacy Protection Law and 1996 Patients' Rights Law have shielded the presumed MSP mother from having her condition exposed to public scrutiny? While her name hasn't been published, her identity is known within her own neighborhood. [...]