Rav Moshe Sternbuch - Jurisprudence

The following was written by Rabbi Daniel Yaakov Travis based on a drasha given by Rav Moshe Sternbuch, Rosh Av Beis Din of the Eidah Hachareidis of Yerushalayim.
• • • • •

PRIORITIZING
"Do not show favor in judgment, listen carefully to small and large cases, do not be afraid of anyone, for mishpot is in the jurisdiction of Elokim..."
Sefer Devorim starts off by describing the type of judicial system that we should establish. After listing a number of requirements, the Torah substantiates its requirements by writing that mishpot is in the jurisdiction of Elokim. What is the deeper meaning of this idea?

Moshe Rabbeinu is instructed to set up these courts, and to find judges who can decide cases between one Jew and another. On the surface, it might appear as though this mitzvah pales in comparison to Shabbos, kashrus, and other such Torah commandments that govern man's direct relationship with his Creator. These are the areas that would seem to deserve much more focus and attention.

For this reason, the Torah states the direct association between mishpot and Elokim. In connecting judicial law to His Divine name, the Torah is saying that someone who downplays the mitzvos involving interpersonal relationships should recognize that his actions are an affront to Elokim. This is why the neviim repeatedly warned the Jewish people to make sure that they were not lax regarding this category of mitzvos.

UNPAID DEBTS
There is also a more hidden aspect to this association: On occasion, a person might come to bais din thinking that he has an open and shut case, one hundred percent sure that he will be victorious. Yet, when the p'sak is issued, it is actually his opponent who is rendered the victor. How can he come to terms with what seems to be a clear perversion of justice?

The Zohar explains that this is the deeper connection between mishpot and Elokim. At times, there are debts that need to be repaid from other gilgulim, i.e., previous occasions that we lived in this world. Through some minor financial losses in this world, Elokim makes sure that a person can go into the next world free of previous debts.

Every Jew who experiences seemingly undeserved suffering in this world should keep the above concept in mind. Nothing in this world is for naught. Any travails that a person experiences during his lifetimes lessen the necessity for punishment in the next world.

Rav Sternbuch remembers seeing Rav Mordechai Pogramansky during the last days of his life. Although Rav Pogramansky was stricken with stomach cancer, was already blind, and suffered from unbearable pain, he did not complain at all. On the contrary, he pleaded with Hashem that He should allow him to pay off all of his debts in this world and come to the next world clean.

Rav Pogramansky's actions are certainly an extremely high level and far beyond the reach of most Jews in this generation. Yet, there is an important message in his words, even for us today. All of Hashem's actions are just, and if we can swallow what He sends us, we will definitely be remunerated with acceptance in the next world.

IN THE SHADOWS OF CHURBAN HABAYIS
Perhaps the greatest punishment that the Jewish people have received as a nation was the destruction of both the first and second Botei Mikdosh. On Tisha B'Av, we spend the entire day recognizing this tragedy. Yet, our mourning goes far beyond that: Tisha B'Av is also the day to remember all of the many tragedies that Klal Yisroel has experienced throughout history.
The Medrash describes Tisha B'Av as a day of mourning and as a mo'ed, a festival. We can understand why Tisha B'Av is viewed as a sad day, given all of the travails we suffered on that day, but what about Tisha B'Av classifies it as a festival?
When the Bais Hamikdosh stood, Divine judgment was much stronger. Since we were able to witness constant miracles there, any doubt in emunah was considered a major breach in our relationship with Hashem. Transgressions during this time quite seriously aroused His anger, and the attribute of din was very prominent.
After the destruction of the Bais Hamikdosh, the full extent of the Shechinah's Presence is no longer felt. Because of this, Divine retribution is much less harsh. While His face is hidden, Hashem expects much less of us.
For this very reason, Tisha B'Av is also considered to be a festival. In today's world, where the Shechinah is almost completely veiled, any mitzvah we perform is considered a major accomplishment. Even the smallest act is looked upon as something extraordinary.

On the other hand, because there is so much impurity in the world, our transgressions are viewed as less serious. What once required many fasts and other forms of abstention to gain atonement can now be achieved with relative ease. The same destruction that is a reason to mourn can simultaneously be viewed in a different and more positive light.

As we approach the coming of Moshiach, we can strengthen ourselves by keeping the dual nature of this time in mind. We should never let the craziness of the world around us pull us into the abyss of modern day society. Our lowly state should not be a cause for depression. Rather, we should use it to lift ourselves up and empower ourselves to strive forward during this final chapter of Jewish history.
• • • • •
Rabbi Travis is a rosh kollel of Kollel Toras Chaim in Yerushalayim, and is the author of Shaylos U'Teshuvos Toras Chaim and "Praying With Joy - A Daily Tefilla Companion," a practical daily guide to improving one's prayers, available from Feldheim Publishers. Rav Shternbuch's weekly shiurim on the parsha, compiled and edited by Rabbi Travis, are now available as a sefer titled "A Voice in the Darkness." For more information about his work, contact dytravis@actcom.com.

TEASER

The same destruction that is a reason to mourn can simultaneously be viewed in a different and more positive light.

Rumors, Cyberbullying & Anonymity

NYTimes

So I thought this week, I'd share with you a piece of another interview for that segment. This time, the subject is John Palfrey, Harvard Law School professor, co-director of Harvard's Berkman Center for Internet & Society, and author of "Born Digital: Understanding the First Generation of Digital Natives."

David Pogue: What experience do you bring to the Internet rumors issue?

John Palfrey: I study, in particular, how young people use technology, how they relate to one another. And one of the big things is they've moved their social lives, by and large, online. Places like Facebook and on services like Twitter, they're spreading a lot of information, including rumors about one another.[...]

Gay rights outweigh religious rights

FoxNews

A proposed ordinance in Memphis, Tenn., that would ban discrimination against gays is causing outrage among some local critics who say the ordinance itself would be discriminatory -- against people who oppose homosexuality because of their religious beliefs.

A proposed ordinance in Memphis, Tenn., that would ban discrimination against gays is causing outrage among some local critics who say the ordinance itself would be discriminatory -- against people who oppose homosexuality because of their religious beliefs.

"It's going to discriminate against people of faith who are Christians in their worldview, and I believe with all my heart that they have rights too," says Bellevue Baptist Church Pastor Steven Gaines. [...]

Korean War & concern for civilian causalities

NYTimes

North Korea, like Cuba, is a country suspended in time, one that exists off modernity’s grid. It’s a place where the cold war never ended, where the heirloom paranoia is taken down and polished daily.

Korea’s cold war chill is heating up. Four months ago a South Korean warship was sunk, and a South Korean-led international investigative team concluded that North Korea was responsible. Next week the United States and South Korea will begin large-scale naval exercises off the coasts of the Korean Peninsula and Japan in a show of force.

The world will be watching, and here’s a book that American policymakers may hope it won’t be reading: Bruce Cumings’s “Korean War,” a powerful revisionist history of America’s intervention in Korea. Beneath its bland title, Mr. Cumings’s book is a squirm-inducing assault on America’s moral behavior during the Korean War, a conflict that he says is misremembered when it is remembered at all. It’s a book that puts the reflexive anti-Americanism of North Korea’s leaders into sympathetic historical context. [...]

Does Teen Drug Rehab Cure Addiction or Create It?

Time Magazine

"Matt Thomas" (a pseudonym) had only recently begun experimenting with marijuana when he got caught selling a few joints in the bathroom at his junior high school. It was no big deal, Thomas thought, especially considering that his parents — an investment banker and a homemaker — smoked pot too.

But Thomas' grades had already begun to slip, perhaps because of his increasing alcohol and marijuana use; that, coupled with his drug-dealing offense, was enough for the school to recommend that his parents place him in an inpatient drug-treatment program. Thomas, then 13, was sent to Parkview West, a residential rehab center located a few miles from his suburban Minneapolis home. (See pictures of teens in America.)

But rather than encouraging sobriety, Thomas says, his seven-week stint at Parkview West helped trigger a decades-long descent into severe addiction — from regular marijuana user to daily drinker to cocaine and methamphetamine addict. "It was [in rehab] that they told me that I was a drug addict and an alcoholic," says Thomas. "There was no turning back. The whole event solidified and created this notion in my own mind and in my social status. Who I was, was an alcoholic and drug addict." [...]

Internet: The end of forgetting

NYTimes

Four years ago, Stacy Snyder, then a 25-year-old teacher in training at Conestoga Valley High School in Lancaster, Pa., posted a photo on her MySpace page that showed her at a party wearing a pirate hat and drinking from a plastic cup, with the caption “Drunken Pirate.” After discovering the page, her supervisor at the high school told her the photo was “unprofessional,” and the dean of Millersville University School of Education, where Snyder was enrolled, said she was promoting drinking in virtual view of her under-age students. As a result, days before Snyder’s scheduled graduation, the university denied her a teaching degree. Snyder sued, arguing that the university had violated her First Amendment rights by penalizing her for her (perfectly legal) after-hours behavior. But in 2008, a federal district judge rejected the claim, saying that because Snyder was a public employee whose photo didn’t relate to matters of public concern, her “Drunken Pirate” post was not protected speech.[...]

Rape by deception

Haaretz

Lawyers for the Arab man convicted of rape by deception and sentenced to 18 months in prison, say they are considering an appeal to the High Court of Justice.

Sabbar Kashur, 30, had consensual sex with a woman after he posed as a Jewish bachelor interested in a long-term relationship.

When the woman found Kashur was not a Jew but an Arab, she filed a police complaint that led to charges of rape and indecent assault.

Possible cover for abuse book

This is a possible cover - on a scale of 1 to 7 - do you like it 7, dislike it 1 or don't care 4 ?

Lawsuits against bloggers for 3rd party postings

Citizen Media Law Project

The Communications Decency Act 

This prompted Congress to pass the Communications Decency Act in 1996. The Act contains deceptively simple language under the heading "Protection for Good Samaritan blocking and screening of offensive material":

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

Section 230 further provides that "[n]o cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section."

Websites Covered by Section 230 

Is an "interactive computer service" some special type of website? No. For purposes of Section 230, an

"interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server.

Most courts have held that through these provisions, Congress granted interactive services of all types, including blogs, forums, and listservs, immunity from tort liability so long as the information is provided by a third party.

As a result of Section 230, Internet publishers are treated differently from publishers in print, television, and radio. Let's look at these difference in more detail.[...]

Turkey's political elite tied to Flotilla sponsor

New York Times

ISTANBUL — The Turkish charity that led the flotilla involved in a deadly Israeli raid has extensive connections with Turkey’s political elite, and the group’s efforts to challenge Israel’s blockade of Gaza received support at the top levels of the governing party, Turkish diplomats and government officials said.

The charity, the Humanitarian Relief Foundation, often called I.H.H., has come under attack in Israel and the West for offering financial support to groups accused of terrorism. But in Turkey the group has helped Prime Minister Recep Tayyip Erdogan shore up support from conservative Muslims ahead of critical elections next year and improve Turkey’s standing and influence in the Arab world.[...]

On Monday, Germany banned the charity’s offices, citing its support for Hamas, which Germany considers a terrorist organization. Interior Minister Thomas de Maizière said the charity abused donors’ good intentions “to support a terrorist organization with money supposedly donated for charitable purposes.” The newspaper Süddeutsche Zeitung said that from 2007 the charity collected $8.5 million and transferred money to six smaller organizations, two belonging directly to Hamas and four with close ties to it.[...]

Writing an essay means making a collage

NewYorkTimes

A friend who teaches at a well-known eastern university told me recently that plagiarism was turning him into a cop. He begins the semester collecting evidence, in the form of an in-class essay that gives him a sense of how well students think and write. He looks back at the samples later when students turn in papers that feature their own, less-than-perfect prose alongside expertly written passages lifted verbatim from the Web.

“I have to assume that in every class, someone will do it,” he said. “It doesn’t stop them if you say, ‘This is plagiarism. I won’t accept it.’ I have to tell them that it is a failing offense and could lead me to file a complaint with the university, which could lead to them being put on probation or being asked to leave.”

Not everyone who gets caught knows enough about what they did to be remorseful. Recently, for example, a student who plagiarized a sizable chunk of a paper essentially told my friend to keep his shirt on, that what he’d done was no big deal. Beyond that, the student said, he would be ashamed to go home to the family with an F.[...]

The return of R' Motti Elon

Haaretz

[...]An official response from the Takana forum was not available yesterday. But Rabbi Yuval Cherlow, a Takana member involved in the Elon probe, told Haaretz, "The first obligation contained in the Torah and religious law is the one applying to the wounded; the question of Rabbi Elon's qualifications is secondary. That's the starting point from which Takana operated. The forum's mission and public role is, first and foremost, to care for the victims - that's what we do." Cherlow added: "I very much respect Rabbi Dichovsky, and I imagine he knows all of the details" [of the suspicions against Elon]. Elon's adviser Rimon said he "is at home in Migdal and has yet to decide on the matter."

When good people produce rotten kids

NewYorkTimes

I don’t know what I’ve done wrong,” the patient told me.

She was an intelligent and articulate woman in her early 40s who came to see me for depression and anxiety. In discussing the stresses she faced, it was clear that her teenage son had been front and center for many years.

When he was growing up, she explained, he fought frequently with other children, had few close friends, and had a reputation for being mean. She always hoped he would change, but now that he was almost 17, she had a sinking feeling.[...]

Human identity & our bacteria

NYTimes

In 2008, Dr. Khoruts, a gastroenterologist at the University of Minnesota, took on a patient suffering from a vicious gut infection of Clostridium difficile. She was crippled by constant diarrhea, which had left her in a wheelchair wearing diapers. Dr. Khoruts treated her with an assortment of antibiotics, but nothing could stop the bacteria. His patient was wasting away, losing 60 pounds over the course of eight months. “She was just dwindling down the drain, and she probably would have died,” Dr. Khoruts said.

Dr. Khoruts decided his patient needed a transplant. But he didn’t give her a piece of someone else’s intestines, or a stomach, or any other organ. Instead, he gave her some of her husband’s bacteria.

Dr. Khoruts mixed a small sample of her husband’s stool with saline solution and delivered it into her colon. Writing in the Journal of Clinical Gastroenterology last month, Dr. Khoruts and his colleagues reported that her diarrhea vanished in a day. Her Clostridium difficile infection disappeared as well and has not returned since. [...]