Poskim today can not claim that earlier sources didn't know the metziius (reality)

from Daas Torah - translation copyrighted

Klausenberger Rebbe (Divrei Yatziv O.C. 113): Concerning the view of Rabbeinu Tam and reality. Our holy faith is that Yiftach in his generation is like Shmuel in his (Rosh HaShanna 25b) and   that rule applies to all generations. Look at the Divrei Chai (Y.D. #105) in his discussion of the status of the Ohr HaChaim as well as the Beis Shlomo (O.C. 2:112). See also the language of one of the great contemporary gedolim in the Letters of the Chazon Ish (32), “What difference does it make if the angel Gavriel or Michoel tells me – in fact weren’t all the Rishonim fiery angels?… and it was through the holy spirit which appeared in them that they knew how to decide issues – whether to push aside a gemora and establish the tradition of the Geonim or whether to push aside the tradition of the Geonim because of the decision of the gemora… We relate to the Gra in the line of Moshe Rabbeinu, Ezra, Rabbinu Hakadosh, Rav Ashi, the Gra…” Consequently it is known that all poskim whose words are accepted which were given to Moshe on Sinai as the Talmud. Therefore if someone, G﷓d forbid, should express himself against one of the poskim it is that he is criticizing a Tanna or denying the Torah of Moshe – G﷓d forbid! This is the root of heresy. Just as we saw the Karaites who believed only in the Written Torah so there are heretic that believe in the Talmud but G﷓d forbid – not in the poskim. But we view a continuous line from Ravina and Rav Ashi to the Chasam Sofer and the Divrei Chaim and other major poskim. One who is dismissive of a posek is included in what was written by the Divrei Chaim (2:33). Therefore when the poskim themselves disagree – we with dim eyes and for whom bribery and lust blind the eyes even of the wise – we simply can not see the underlying reality of the debate that enables us to decide the issue ourselves. For example, we can not decide on elementary kashrus issues such as “tato gavar” based on the scientific understanding of chemists…  even though we can attempt to analyse their holy words from sources in the gemora. At best one who has great ability is able with his greatness in Torah to bring proofs from our Sages and to ascertain what the majority of poskim rule in this particular halacha. Look at the Divrei Chaim (Y.D. 2:45) where he is very upset about the disrespect against the prince of Torah – Rashi. He says, “Even though his words are occasionally difficult for us to understand with our dense brains, nevertheless that which is distant from you is that way only because of our limited intellect. But the main point is, Who in our generation would we say are able to make halachic decisions against the great Rishonim such as these. We have only the ability to accept their words with love and to follow after the majority view – as was done by the Shulchan Aruch itself. Therefore we can not deviate from the rulings of the Shulchan Aruch just because we have some question since we are well aware of of how lowly we are in recent generations..”  And since the words of the Rabbeinu Tam and the Geonim are the words of the Living G﷓d – they are able to disagree with each other regarding the appearance of which stars defines the beginning of night and what is the definition of night. Therefore if someone in our day comes says that one of the poskim erred in the definition of night – he is considered a heretic who has attacked the holiness of the poskim who have said otherwise. We are allowed, however, to say that the customs of which places follows which posekim. For example Shabbos (130a) states that in the place of R’ Eliezer they would cut wood to make charcoal.. However, G﷓d forbid to say that the custom in one place was different in this place from the other poskim because the reality that we see with our bleary eyes is different i.e., that the poskim erred in understanding the underlying facts. That is because obviously the Beis Yosef, the Pri Chodesh… saw the reality of the stars in Yerushalyim, Tzfas, and Tevirya and they ruled what they ruled…

Child abuse - Rabbis & Calling the Police: A common misunderstanding

I just received the following comment from David Morris who wrote a review of my book - Child & Domestic Abuse - that he published on his blog Tzedek-Tzedek . It raises a very important issue - i.e., what are the parameters of consulting with a rabbi in these matters. I am posting the question - which expresses a misunderstanding of Rav Sternbuch's views - and my answer to the comment. My comment also appears on David Morris's blog Tzedek-Tzedek . This comment clearly indicates the dangerous ignorance and distortions that exist on this topic -  and why it is important to read my book.


Shmarya Rosenberg (http://profile.typepad.com/6p00d83451b71f69e2) has left a new comment on your post "Child & Domestic Abuse":

What Rabbi Shternbuch actually says is that if there is "clear evidence" of child abuse, one should disregard any rabbi who instructed him not to go to police. But what about when there is evidence, but it isn't "clear" – meaning overwhelmingly certain – the person is guilty? Then you have to listen to the rabbi.

In other words, according to Rabbi Shternbuch, it is rabbis who should decide whether or not police should be called. And this is a big problem when rabbis have played key roles in so many coverups of sexual abuse.

Now why is it, David, that you don't mention this?

Posted by Shmarya Rosenberg to at 23 December 2010 03:14
===========================
On Thu, Dec 23, 2010 at 5:37 PM, Daniel Eidensohn <yadmoshe@gmail.com> wrote:

    It is obvious that the commenter has not read the book or he would know that what he is asserting simply not true. He is making a misleading comment and it ignores the complex reality of abuse cases as well as overestimates the value of the police in being able to help. While there is no question that there have been cases and there are still cases where rabbis have insisted that a child not be helped even when in danger - that is not what Rav Sternbuch said as can clearly be seen from what he wrote and what he approved in my book - as well as what he told me and permitted to be publicized in his name. He said that you are to decide whether to listen to the rabbi and whether his response endangers the welfare of a child. He clearly said you do not listen to a rabbi if you feel there is a possibility that he is giving you bad advice.

      1) If it is clearly a immediate danger to the child and there is no time to speak to anyone - call the police. 2) If it is uncertain if there is abuse but if the child is in danger than he can only be protected by the police - than call the police. 3) If it is certain but you know that a complaint won't be filed and therefore the police won't do anything - then it is important to contact a rabbi who is experienced in these matters and  consults with experienced therapists and community leaders and the police. 4) If you have a suspicion - i.e., you saw a man hugging children or being very friendly with them  - then go to the experienced rabbi. If you are not satisfied with his response than ask another rabbi (the responsibility is not the rabbi's but yours). 5) If you have a child in your class that is withdrawn - but there is no complaint but it might be the result of abuse - then go to your experienced rabbi. You should also consult with a mental health worker who might advise what the next step is. 5) If there is mandatory reporting - then you obey that law and go to the police.

    In sum - the rabbi is not a substitute for your good judgment but is a consultant to help bring clarity and objectivity as well as protecting the rights of others. If he tells you not to do anything and you think that might be a danger to the child - than go ask another rabbi. At no time are you to allow a child to be in danger (according to your evaluation) nor are you to violate mandatory reporting laws. The rabbi is there to represent the community, provide objectivity and prevent against mob rule -  and protect others against false accusation. He is not a dictator that requires total submission - either in deed or thought. You are not to listen to him if you feel he is telling you to do something which is endangering a child or even possibly endangering a child.

Shulchan Aruch was written with divine inspiration & guidance

from Daas Torah - translation copyrighted

Kitzur Takfo Kohen (Choshen Mishpat 25:124): … When a law is mentioned in the Shulchan Aruch in which both Rav Yosef Karo and the Rema omit the dissenting minority view – I have a tradition and I have seen this done by expert judges and I myself do it  - that a claim of “kim li” [utilizing a minority view to defend against monetary loss] is not accepted. It is well established and accepted by the sages over the generations to observe and do precisely what it says in the terse language of the Shulchan Aruch and the Rema. There is no doubt in my mind that it was all written from G﷓d Who guided their hands. This can be seen from the many questions of the Achronim on the Shulchan Aruch and the resulting sharp and brilliant answers. And thus within its sweet and terse language are many laws. There is absolutely no question that [Rav Yosef Karo Aruch and Rema] did not consciously write it that way. Because how would it be possible that they be conscious of every detail of their writing - given the awesome task required of them in this work for heaven. Who is capable of writing a book on the entire Torah based on the Rishonim and Achronim and not be overwhelmed by producing this work for heaven. It is obvious that it was only accomplished because they were infused with the spirit of G﷓d so that their language would precisely express the halacha – even though they had no awareness of this when they wrote it. That which G﷓d desired was successfully done through them. Therefore  - G﷓d forbid to say “kim li” against the halachic decisions of the Shulchan Aruch and Rema…

Philosophers for Kung Fu: A Response

NYTimes

Thanks to all the readers who have commented on my previous article in the Stone “Kung Fu for Philosophers.” I found many comments thoughtful and inspiring, for which I am deeply grateful. Instead of trying to respond to all, as it is obviously impractical, I would like to offer some additional remarks to supplement my previous article as my response.

Several years ago, I was invited for lunch by a man named Wu Bing, who was the former martial arts coach of the kung fu movie star Jet Li. Mr. Wu and I did not know each other, and I had no idea why he invited me for lunch. I was more puzzled when I got there — Mr. Wu insisted that I be seated in the most prominent spot, and placed himself and all his associates at the table in lesser positions. With the ritual setting in order, he then humbly presented me a classic martial arts manual, and asked if I could explain the introduction of the book for him. “It is full of philosophical terms,” he said. “I have trouble understanding it.” [...]

Child & Domestic Abuse Book: Review by David Morris

Tzedek-Tzedek Blog has a review of my book by David Morris who is also one of the contributors.

Baal HaTanya - Don't ask a rebbe for secular advise

Baal HaTanya (Igros Kodesh #22): My dear friend...."Remember the days of old, understand the years of every generation" – has there ever been anything like this since the beginning of time?! Where, in all the books of the scholars of Israel, whether the earlier or later ones, have you ever seen such a custom instituted, to ask about a secular question, such as what to do in some mundane matter, even from the greatest of the early wise men of Israel, such as the tannaim and amoraim...but rather [people would turn to] actual prophets, such as there used to be, such as Shmuel the Seer, to whom Saul went to ask about the donkeys which his father had lost. But in truth, all matters relating to a person, other than something having to do with Torah or fear of  heaven, are not apprehended other than through prophecy, and not by a wise man. As our rabbis have taught, "Everything is in the hands of heaven other than fear of heaven..." And when our rabbis zt"l said that people "derive benefit from him [from a talmid chacham] by advice and sound wisdom," this refers to words of Torah, which is called "sound wisdom" [Translation from Rabbi Alfred Cohen in his article on Daas Torah]

Cancer drugs costing billions annually - are worthless

Forbes

In the wake of the FDA’s decision start the process to revoke Avastin’s approval in breast cancer last week, patients are puzzled and angry over how a drug once touted as a breakthrough  now can be branded as ineffective.  The controversy illustrates just how much the much-vaunted revolution in cancer therapy is driven by hype and high prices.

Selling cancer drugs has become big business, with $52 billion in sales last year, according to IMS.  Some $6 billion of it goes right to Roche’s Avastin, the biggest selling of the new drugs. No wonder companies like Merck and Pfizer are  racing to develop new cancer drugs.

But even as sales reach new heights, and prices keep going up–pretty much any cancer drug now costs $50,000 a year–the results from many trials are getting less and less impressive. Tarceva from Roche extends the life of pancreatic cancer patients by two weeks. Avastin has now failed to extend the lives of breast cancer patients in three giant trials.[...]

Cancer-Causing Hexavalent Chromium In Tap Water Of 89% Of US Sampled Cities

Medical News

Carcinogenic hexavalent chromium, the "Erin Brockovich chemical" was found in the tap water of 31 cities out of a total of 35 tested by The Environmental Working Group. The scientists estimate that at least 74 million people in the USA in 42 states regularly drink chromium-tainted water, and a considerable proportion of it is in the carcinogenic hexavalent form.

Hexavalent chromium is recognized as a human carcinogen. Some workers are exposed to the chemical, and exposure is known to sometimes occur among those who handle chromate-containing products, as well as those who arc weld stainless steel. The European Union has the world's strictest laws regarding hexavalent chromium. Hexavalent chromium use in the European Union in electronic equipment, for example, is largely prohibited by the Restriction of Hazardous Substances Directive.

Highest levels of hexavalent chromium in tap water were found in Norman; Oklahoma, Riverside; California, and Honolulu; Hawaii. Safety limits proposed by California regulators were exceeded in samples from 25 US cities, the scientists revealed.[...]

Israel's Security Barrier Presents Irony for Palestinian Workers

Voice of America

As U.S. mediators work to restart Mideast peace negotiations, Israel is continuing work on a security barrier that has been under construction for years. Israel's aim is to save Israeli lives by keeping out Palestinian bombers.

The result has been a sharp reduction in the number of terrorist attacks in recent years.  At the same time, Palestinians complain the barrier - consisting of both chain link fences and concrete walls - has created hardship by restricting their movement. Some, however, have benefited from it.  [...]

,Jerusalem Breslov leader was held ‘captive for years’

JPost

A scandal that is rocking the Breslov community of Shuvu Banim has taken another twist, with its spiritual leader Rabbi Eliezer Berland's return to his Jerusalem home from his hiding place in the North on Saturday night, after breaking away from 10 years of captivity, during which he says he was little more than a marionette controlled by his son and grandson.

Some two weeks ago, prominent members of the small Jerusalem-based community found a DVD outside their homes, containing videos and documents proving that the 73- year-old Berland was in fact being controlled by his son, Rabbi Nachman Berland, and grandson Nathan Berland, who for years prevented direct access to the older man and dictated his every move and action.

Shortly afterward, Eliezer staged his kidnapping to flee to the North, where he took refuge in Moshav Amirim, initially not disclosing his whereabouts. In a phone call with some 20 of his closest hassidim, Eliezer recalled the torment he underwent.[...]

The Gift of Endless Memory - Superior Autobiographical Memory

CBS News

It is often said that we are our memories - that web of experiences, relationships, thoughts, and feelings that make us who we are. We don't remember it all of course. That would be impossible. Or would it?

There has been a discovery in the field of memory recently, so new you won't find it in any textbook. It's so hard to fathom, there are some who remain unconvinced.

For the moment, the scientists studying it are simply calling it "superior autobiographical memory." And unless you happen to know one of the handful of people discovered so far who have it, get ready to be amazed. [...]

Serious Mental Health Needs Seen Growing at Colleges

NYTimes

Rushing a student to a psychiatric emergency room is never routine, but when Stony Brook University logged three trips in three days, it did not surprise Jenny Hwang, the director of counseling.

It was deep into the fall semester, a time of mounting stress with finals looming and the holiday break not far off, an anxiety all its own.

On a Thursday afternoon, a freshman who had been scraping bottom academically posted thoughts about suicide on Facebook. If I were gone, he wrote, would anybody notice? An alarmed student told staff members in the dorm, who called Dr. Hwang after hours, who contacted the campus police. Officers escorted the student to the county psychiatric hospital. [...]

Difficutly in proving sexual assault

NYTimes

At 17 years old, Preston Hill is known around the Fresno area as an accomplished wrestler, a leader of his high school team, the Buchanan Bears, and a potential candidate for a college scholarship in the sport he loves.

But over the past several months, Preston has been battling another opponent, the Fresno County district attorney, who has charged him with a bizarre crime: using a wrestling move to sexually assault a teammate.

According to a police report, during a July practice Preston used a maneuver informally known as a “butt drag” — which involves grabbing the haunch of an opponent to gain leverage — to roughly and intimately assault a smaller, younger wrestler on his team in retaliation for a supposed affront. [...]

Cabinet approves bill excusing ultra-Orthodox from IDF service

Haaretz

The cabinet approved on Sunday two recommendations affecting the ultra-Orthodox community, one of which will release most of them from mandatiory military service in exchange for alternative work in a civilian service.

The second proposal was to accept the recommendations of an interministerial committee to limit to five years the time yeshiva students can receive stipends. In addition, Prime Minister Benjamin Netanyahu's office announced that 50 million additional shekels would be given to aid other students in need in conjunction with the proposals dealing with yeshiva students. [...]