Seforim Blog New Writings from Rav Kook part 5. by Dr. Marc Shapiro
[I wish to thank Dr. Shapiro for drawing my attention to the following]
Let me also return to the issue of the Jewish masses’ natural morality vs. the rabbinically tuned morality of the scholars, and how according to R. Kook the former is superior to that of the latter. I was asked if I can provide some examples of this. I think the most obvious such example is the response to sexual abuse that we have witnessed in the Orthodox world. While the natural impulse of the masses was that abusers must be immediately removed from any contact with children, many of the learned rabbis were able to come up with all sorts of reasons why this was not necessary, and why the police should not be called. Over time the view of the rabbinic class has evolved and many of them now advocate a strong response to sexual abuse. However, what took them a long time to get to was immediately understood by the Jewish masses, and they understood it intuitively. Years from now people will wonder how it was that rabbis refused to protect children. It will be incomprehensible to them how this could have happened. We who lived through this experience know that it was precisely the pressure on the ground, from the Jewish laypeople (and the bloggers and newspapers), that forced changes in this matter.[3] Here I think is a good example where talmudic learning led scholars לטהר את השרץ בק"ן טעמים, while the Jewish masses, with their intuitive natural morality, saw that evil must be exposed and they emerged victorious.[4]
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Footnote 3
A friend insists that there is no difference between Klein's position and that of Agudat Israel. This is not true at all. Whereas Klein states that someone can never be turned in to the police, the Agudah position is that a molester can be turned in, but only after a rabbi gives approval. The Agudah position continues to develop, and I have no doubt that in the end the Agudah will end up holding a position identical to that of the RCA. I also think that it is public pressure that will move Agudah in this direction, as public pressure has been responsible for all the adjustments in the Agudah's position that we have seen until now.
Yet even without public pressure, the current Agudah position is so untenable, that is will have to be updated. For one, it asks people to violate the law. The law is clear that some people are obligated to contact the police when they suspect child abuse. By insisting that a rabbi be consulted before doing so, mandated reporters are being put in the position of being told by a rabbi to refrain from doing something that the law requires. Do the Agudah constituents realize that listening to the rabbi in these circumstances can open them up to both criminal and civil penalties? [...]
Finally, unlike so many of the cynics in our community, I don't think the Agudah position is all about protecting rabbis, guilty or not. I really do believe that the Agudah recognizes that there is a problem. It is convinced that the rabbis it will charge with examining abuse cases will indeed make sure that molesters are turned in. The problem, however, is that we have seen all this before. We have seen over and over again that it is precisely the rabbis who have failed in this matter, often because they are not willing to turn on their own. It was precisely because of this that the community of laypeople rose up and said "No more." One doesn't need to be a prophet to see that by relying on individual rabbis to determine if an accusation of sexual abuse is credible, there will continue to be cover-ups. (Am I wrong in assuming that these cover-ups never would have happened if women were in charge? Would mothers ever have permitted child molesters to continue to prey on the young?)
The Agudah position is thus both a public relations and legal disaster in the making. The Church tried such an approach already and it doesn't work. I don't understand why such smart people in the Agudah don't see how their new position is doomed to failure.


