Dr. Benny Brown's Biography of Chazon Ish

Haaretz   It is to Brown’s credit that he has rescued the Hazon Ish from ultra-Orthodox hagiography. Brown treats his subject with the respect he deserves and with more than a little empathy. At the same time, he views him as flesh and blood, and does not refrain from disclosing moments of weakness in his life. One mark of Brown’s success is the sharpness of the Haredi response to his book. It seems that more than anything else, the ultra-Orthodox cannot forgive Brown for saying the Hazon Ish − whom they consider one of the inspirations for the creation of a “learning society” in which Haredi men learn Torah all day instead of working, regardless of their scholarly aptitude − never believed that men must do nothing but study Torah, and that he was not opposed to army service or participation in the workforce.

While it may seem that it’s the gedolim who shaped the Haredi ethos as we know it today, the society is influenced by many more dynamics and constraints than the greats could have foreseen. The object of the hagiography, then, is to reinvent the images of the greats to suit the needs of the ultra-Orthodox ethos as it stands today. And woe is the critical scholar who reveals the gap between myth and reality.

In response to Brown’s book, Rabbi Abraham Isaiah Bergman wrote in the Haredi newspaper Yated Neeman: “These people [critical scholars] who have not ever read and have not studied and have never gotten close to Torah scholars, and think that they have touched an angel of God even though they have not come close at all ... I say to them: You who are coming to trample my courts, who are you to come here with donkeys [which can never become kosher animals]? ... Let the source of living water [a reference to God and the Torah] be.

Benjamin Brown’s book on the Hazon Ish is an impressive scholarly achievement, an important signpost in the study of ultra-Orthodox society. Anyone who wants to understand the Haredi world, with its obvious implications for Israeli society in general, must not miss this book.

Moser - Shulchan Aruch/Rema C.M. 388:5

Guest Post by Stan   Shulchan Oruch/ Rema Choshen Mishpot 388:5

Litigants who have a disagreement over land or over movable objects, this one says it is mine and this one says it is mine and one of them got up and informed (to the secular/ non Jewish authorities) then Bais Din (is obligated to) puts the one who forces (i.e. the informant) in cheirem until it reverts to how it was before and the hand of the forcer (through secular court) is removed between them and they have a Din Torah.

The Rema adds that the informant does not have the din of a moyser even though he made his "friend" have a very big loss because this is not called mesirah unless he intended to cause his friend damage but it is not mesirah where he (only) intends to retrieve what belonged to him (and there are those who disagree etc).

Please explain how we see from this Rema that a woman who goes to arko'oys for a divorce is not a moyser?

a) This case is talking about monetary matters, not other matters.
b) Even if you want to argue that it applies to non-monetary matters as well, merely by simply asking for a divorce the woman is almost inevitably harming the man unless he does not mind.
c) If the woman asks for anything that she is not entitled to al pi halocho, she is most definitely a moyser from this Rema e.g. alimony, equitable distribution etc.
d) If the children are boys and if she asks for custody and the halocho is that the boys go with the father, she is a moyser.
e) If she says anything bad whatsoever about the father to the courts, she is damaging the father and so is oyver mesirah.
f) If she asks for child support from the courts in the US, which many poskim including Rav Sternbuch hold is awarded excessively relative to the halochoh, she is a moyser.

So please explain to us, how unless in an extremely rare case, a woman going to arko'oys in the US is not a moyser?

Please explain to us why you conclude that such a woman in not a moyser? Who are you kidding?

Abuse viewed differently 30 years ago?

NYTimes This year, Lisa M. Friel, the former Manhattan prosecutor who has helped Poly Prep bolster its sexual-abuse-prevention program, angered plaintiffs in a lawsuit against the school when she said in an interview that “people had very different understandings of what sexual abuse was in the ’60s and ’70s and what a pedophile was.” 

 One problem with an argument like Mr. Lin’s is the extent to which it belies the secrecy surrounding the kind of encounters he describes. If things had, in fact, been as open, freewheeling and inoculated from reproof as he and others might have chosen to believe, then the sex that transpired between teachers and students would not have happened so clandestinely, with wrenching admissions and discussions arriving only 20 and 30 years later.  

 Times are different, in that more children who have been abused say so. In his research, David Finkelhor, a leading expert on sexual abuse who wrote one of the 1980 books, has found that now, in 50 percent of sexual abuse cases, the child’s victimization had been reported to an authority, compared with 25 percent in 1992. Dr. Finkelhor has also found that the number of substantiated cases of abuse has dropped 62 percent from 1990 to 2010. 

While it is true that the world of parental vigilance we inhabit now was not yet manifest in the ’70s or even the ’80s, when much of the abuse at Horace Mann is said to have happened, it skews reality to imagine that the sexual abuse of children is an issue that only recently has seen the rays of the sun. By 1974, years before the arrival of Lifetime television and its relentless airing of crisis dramas, ABC offered an hour of the series “Marcus Welby, M.D.” devoted to the case of a 14-year-old boy who had been raped by a science teacher during a field trip.

Military Conscription for Ultra-Orthodox Jews & Arabs

NYTimes  Prime Minister Benjamin Netanyahu’s supersize coalition was showing its first serious signs of stress on Friday in its quest for a more universal draft system in Israel. 

An effort that has so far focused on phasing out mass army exemptions for ultra-Orthodox Jews suddenly became more charged as right-wing nationalist parties decided to press the equally — if not more — contentious issue of national or civilian service for Israel’s Arab citizens.  

The issue is highly provocative. While most Jewish Israelis, and Druze men, are conscripted at 18, Israeli Arabs are generally not required to perform mandatory military service, though they may volunteer. 

Recent polls have shown that despite a rise in the number of Arabs volunteering for civilian community service, a growing majority of Arab youth are opposed.  A survey published in May by Haifa University found that 40 percent of Arab youths in Israel were willing to volunteer for civil service in 2011, compared with 53 percent in 2009. The Haifa University study also found that 90 percent of the Arab volunteers were girls providing educational and welfare services in their communities. 

Mondrowitz with D.A. Hynes in hot pursuit?!

NYTimes  For years, Avrohom Mondrowitz counseled children out of his home in the Borough Park neighborhood of Brooklyn. He was host of a call-in radio show popular among ultra-Orthodox Jewish listeners, claiming to be a rabbi and psychologist. But law enforcement officials say Mr. Mondrowitz, who fled to Israel in 1984 to avoid arrest, was also something else: “a compulsive pedophile.” 

The Brooklyn district attorney, Charles J. Hynes, has repeatedly said that since taking office in 1990, he has vigorously tried to extradite Mr. Mondrowitz. Mr. Hynes has said his office was instrumental in bringing about a change in a treaty between the United States and Israel in 2007 that had thwarted early extradition efforts.  

But newly disclosed documents from Mr. Hynes’s office cast doubts on his accounts of his role in the case, suggesting that for many years, the office paid little attention to it. 

“There isn’t a single e-mail, a single letter, a single memo, either originating from the D.A.’s office or addressed to it, that so much as mentions any attempt by the D.A. to seek a change in the extradition treaty,” Mr. Lesher said. “It’s just inconceivable that such important negotiation on such a detailed issue could have taken place and not left a trace in the documentary record.”

Keeping cool in modest clothing

NYTimes  When the mercury passes 90, most New Yorkers start to wilt. Many resort to shorts and tank tops, even in the office. More than a few bankers and lawyers reach for their seersuckers. 

Yet amid all the casual summer wear, in some neighborhoods more than others, Hasidic men wear dark three-piece suits crowned by black hats made of rabbit fur, and Hasidic women outfit themselves in long-sleeved blouses and nearly ankle-length skirts. To visibly cooler New Yorkers, they can look painfully overdressed.

In the Hasidic world, the traditional fashion code and interpretations of ancient Jewish law dictate modesty for a woman — a concept known as tzniut — so even on sizzling days women conceal their necks, arms and legs, and married women don wigs, head scarves or turbans to hide their real hair. While Hasidic men do not feel the modesty obligation to the same degree, they believe that it is a mark of humility and respect for others to dress formally when encountering the world.

In Borough Park, women snatch up neckline-hugging shells that allow them to wear thin, long-sleeved and open-necked blouses from, say, Macy’s. Hasidic men seek a frock coat made of lighter-weight, drip-dry polyester, without a shape-holding canvas lining, and lightweight weaves in the fringed, four-cornered, woolen poncho known as tzitzit, a daily version of the prayer shawl that is worn over a white shirt. Also, men will go jacketless when working or driving, though any substantial stroll along a public sidewalk requires a suit jacket or frock coat, known in Yiddish as a rekel or in its longer and fancier Sabbath version as a bekishe. 

Child abuse rates higher in Israel

JPost   Reports of child abuse in Israel have steadily grown over the past three years, as the number of reported cases in the US is decreasing, according to recent data the Jerusalem-based Haruv Institute collected and provided to The Jerusalem Post this week.

The data presented by the institute, which not only researches the phenomenon but also provides training to professionals working in the medical, educational and community fields, shows that in Israel in 2010 the number of reported child abuse cases was 18.9 for every 1,000 children, compared to 8.7 for every 1,000 children in 1995. The US figures for 2010 were 10 reports for every 1,000 children, compared to 14.7 reports for every 1,000 children in 1995.

While part of the rise in reporting of child abuse cases in Israel stems from greater awareness among professionals and society as to what constitutes abuse and how to report it, Haruv Institute director Prof. Asher Ben-Arieh said it has more to do with an alarming increase in violence throughout Israeli society in general.

Not to call wife by her name?

The following are sources which deal with the fact that a wife's name is often not used by her husband [ and also a husband's name is not used by the wife]. Various reasons are given from 1) the wife is the foundation of the home and thus it is a praise to refer to her as "my home" 2) A wife belongs in the home and not outside  so saying "my home" is a reminder of her place 3) It is a lack of modesty to for spouses to use first names - especially before others 4) It is a way of preventing the children from calling their parents by their first names. 5) Rav Yosse's wife was bad so he didn't want to mention that she was his wife. 6) Wife should not use husband's name out of respect for his authority while husband may use her name. 7) This is done to praise and motivate the wife to do her housework 8) this practice applied only to Rabbi Yosse because the wife was a yevama and he was establishing a house for his brother.

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Shabbos(118b): R’ Yossi said, I have never called my wife “my wife” or my ox “my ox”, but rather I called my wife “my home” and my ox “ I called “my field.”

Rashi(Gittin 52a): I called my wife my home – that is because all the necessities of the home are done through her and thus she is the main entity of the home. Similarly the ox is the main part of the field.

Meiri(Shabbos 118b): A person should always  use refined language. An example is that one talmid chachom said, “I nevr call my wife “my wife” nor my ox “my ox”. Rather I call my wife “my home” and my ox “my field.”

Megila(13a): And with the death of her father and mother, Mordechai took her as his own daughter. A Tanna taught in the name of R’ Meir, Don’t read for a daughter (l’bas) but for a house (l’bayis). Similarly it says (Shmuel 2 12:3), And  the poor  man had nothing  except one lamb which he had bought and raised together with him and his children. From his own bread it ate and it drank out of his own cup and it lay in his bosom and it was like a daughter to him. But why did lying in his bosom make it like a daughter (bas) to him? Rather what is meant it was like a wife (bayis) so here also it means a wife (bayis).

Maharasha(Megila 13a): Don’t read it that Mordechai took Esther as a daughter but rather for his home... In other word he tooks her for his wife as they say in general (Shabbos 118b), “I  called my wife my home.”

Shabbos shel Mi(Shabbos 118b): I have never called my wife “my wife” or my ox “my ox” but I called by wife “my home” and my ox I called “my field.” Rashi explains that he was saying that, “even from my mundane talk one can learn wisdom.” The Maharal asks in Chidushei Agados, how can he rejoice and praise himself in the manner? He give an alternative explanation that he was attempting to motivate his wife and his slaves in doing their jobs.

Daf ahl Daf(Shabbos 118b): ... The reason why he always referred to his wife  as “my home” is because all the honor of the woman is to be inside (Tehilim 45) and it is not the manner for a woman to go out of the house. Therefore she is the principle member of the home and that is why he called her “my home.”

Daf ahl Daf(Berachos 27b): In Minhag Yisroel Torah (O.C. 240:1) he notes that the Minhagei Maharil states, “That when Mahari Segel spoke about his wife with other he would say in German, ‘Mein hoiz frau’ (my house wife) as we see in Shabbos (118b) that he never called his wife ‘my wife’ but rather said ‘my home’). Rashi there says it was because she was the principle member of the home. When he would call her he would say in German ‘hert ihr nit’, which is the accepted practice in the world that husband and wife don’t mention their spouses name.”  This that the  Maharil did not say “my wife” when speaking in the presence of others or use her name, see Magid Ta’aluma, “Regarding Berachos (27b) where R’ Eliezar ben Azarya said, ‘I will go and consult with the members of my household’ and he went and consulted with his wife. This informs us that it is not correct to mention his wife’s name before others and therefore he referred to as “my household” when he meant his wife.” However this that the Maharil was careful not to call his wife at all by her name, see Redak (Lech Lecha) who notes the change in description. For Avraham it says, Your name will no longer be called Avraham while for Sarah it says, “You should no longer call her name Sarai.” That is because a man calls his wife by her name but the wife doesn’t call her husband by his name but rather in a respectful manner that reflects authority. (See Toldos Kol Aryeh who brings many sources for this).

Daf ahl Daf(Gittin 52a): Maharam Shif explains that it was specifically R’ Yosse who did call his wife “my wife” because she was a bad woman as it mentioned  in Bereishis Rabba (17:3), I will make for him a help-mate  - If he merits she will be a helper and if not she will be against him. Rabbi Yehoshua said that if he merits to have a wife like the wife of Rabbi Chanina but if not he will have a wife like Rabbi Yosse. We thus see that Rabbi Yosse had a bad wife.

However the Netzutzei Ohr expresses surprise at his words since the one who says that he didn’t call his wife “my wife” was Rabbi Yosse bar Chalafta who is cited in Rus Rabba (2:8). However the Rabbi Yosse who had a bad wife was Rabbi Yosse haGalili. Therefore the Netzutzei Ohr gives a different explanation as to why Rabbi Yosse called his wife “my home.” This is based on Shabbos (118b), Rabbi Yosse said that he had sexual intercourse five times and he planted 5 cedars in Israel. He cites Tosfos in the name of the Yerushalmi that these were Yevamos and therefore he called them “my home” since with each one he established the house of his brother [and he only had intercourse once with each of them – Tosfos]

Child Sexual Abuse Rate Declining

NYTimes   Anyone reading the headlines in recent weeks has come away with an unsettling message: Sexual predators seem to lurk everywhere.

In a single day last week, juries deliberating 200 miles apart in Pennsylvania delivered guilty verdicts against Jerry Sandusky, a former assistant football coach at Penn State, for sexually molesting boys, and against Msgr. William J. Lynn, a clergy secretary, for shielding predatory priests. In New York, accusations of sexual abuse at Horace Mann, an exclusive preparatory school in the Bronx, recently spurred two law enforcement agencies to open hot lines and an 88-year-old former teacher at the school to admit to having had sexual interactions with students decades ago

But if the convictions of Mr. Sandusky and Monsignor Lynn represent a success story, the furor surrounding them tends to obscure what may be an even more significant achievement, albeit one that receives little publicity: The rates of child sexual abuse in the United States, while still significant and troubling, have been decreasing steadily over the last two decades by several critical measures. 

Overall cases of child sexual abuse fell more than 60 percent from 1992 to 2010, according to David Finkelhor, a leading expert on sexual abuse who, with a colleague, Lisa Jones, has tracked the trend. The evidence for this decline comes from a variety of indicators, including national surveys of child abuse and crime victimization, crime statistics compiled by the F.B.I., analyses of data from the National Data Archive on Child Abuse and Neglect and annual surveys of grade school students in Minnesota, all pointing in the same direction.

Abuse:Beware of men in costumes

NYTimes   The man in the red Elmo costume was back to work in Central Park on Tuesday, but under the mask, he was not smiling. He was behind in tips he earns by posing for photographs with tourists. He said he had gotten a late start because he was not released from a psychiatric evaluation at a nearby hospital until midmorning. 

The man, who said his legal name, if not an original one, is Adam Sandler, was handcuffed by the police and escorted from the park on Sunday afternoon after he was heard — and videotaped, by an English tourist — shouting anti-Semitic remarks outside the Central Park Zoo. 

The police put him into an ambulance bound for Metropolitan Hospital Center, but he was not arrested. The video spread quickly on the Internet, bringing out the dark humor, to some, of a cuddly children’s character engaging in a violent-sounding rant. Others thought it was just plain scary.

He said the doctors at Metropolitan told him he was “a little paranoid.” It was obvious from talking to him that he is troubled. But he told a lucid and detailed account of his life, and he told of his own dark past, one that might alarm parents whose children have posed with him. The tale he told underscored just how little is known about the men and women who dress as various children’s characters in tourist-clogged areas, looking for small tips. This tiny industry is unregulated.

Stand-your-ground defense falls short in Texas

CSMonitor  A man who claimed Texas' version of a stand-your-ground law allowed him to fatally shoot a neighbor after an argument about a noisy party was sentenced Wednesday to 40 years for murder.

Rodriguez, a retired Houston-area firefighter, was angry about the noise coming from a birthday party at his neighbor's home. He went over and got into an argument with 36-year-old elementary school teacher Danaher and two other men at the party.

In a 22-minute video he recorded on the night of the shooting, Rodriguez can be heard telling a police dispatcher "my life is in danger now" and "these people are going to go try and kill me." He then said, "I'm standing my ground here," and fatally shot Danaher and wounded the other two men. 

Chareidim & Democarcy by Dr. Marc Shapiro

Seforim Blog   From the haredi leadership’s perspective, while at the present time the haredi world is forced to take part in the democratic process, they assume that if haredim ever became a majority they would dismantle Israel’s democracy and institute a Torah state (i.e., a theocracy led by the haredi gedolim).[2] Since that is their goal, stated explicitly, we have to wonder what such a society would look like. To begin with, if haredim were ever the majority, funding for non-Orthodox (and perhaps even Religious Zionist/Modern Orthodox) schools would be halted. There would be massive decreases of funding for universities, with the humanities taking the biggest cuts, and money for the arts, culture, and institutions connected to Zionism would dry up. Freedom of the press would be abolished, artistic freedoms would be curbed, and organ transplants would almost entirely vanish. Public Shabbat observance and separate-sex public transportation would likely be required. There would also be restrictions on what forms of public entertainment and media are permissible and on public roles for women. Of course, women’s sporting events would no longer be televised and men would not be permitted to attend them. From the haredi perspective, these steps are all halakhic requirements, and no one who reads haredi literature can have any doubt that these sorts of things are intended when haredi writers refer to the time when it will be possible להעמיד הדת על תלה. How many non-haredim will be affected by this is questionable, because as soon as the haredi numbers come close to a majority, the non-religious and non-haredi Orthodox emigration will begin (followed no doubt by the yeridah of some haredim as well). No one who has lived in a Western style democracy will want to live in a society where cherished freedoms are taken away.

Defending Rav Gestetner's bitul seruv

t Rav Gestetner wrote in his nullification of the seruv   where he  strongly attacks the language of the fourth paragraph for too strongly criticizing the beis din of Machon l'Hora'ah and by inference - the gedolim who agreed with the seruv.

In fact this fourth paragraph makes little sense taken in isolation from the context of the rest of the letter. Consequently because ignored the context of the rest of the document he ended up mistranslating "gate of fraud" rather than "gate for those who are tormented by the words of others." In fact the fourth paragraph follows logically from the preceding paragraphs

Let's go back to the beginning paragraphs. First paragraph: Rav Weiss (the husband) received a summons from Machon l'Hora'ah at the instigation of his wife who is in the middle of a suit in secular court against him. Rav Gestetner explains that according to the halacha the husband is not required to go at the same time to beis din until she pays him for the expenses incurred in secular court... Nevertheless the husband acted beyond what he was required to do and responded to the summons and informed Machon l'Hora'ah that he was prepared to participate in a din Torah with his wife and specified two dayanim who were prepared to judge for his side[and thus he responded correctly according to halacha]. Second Paragraph:In spite of this compliance ,Machon  l'Hora'ah responded as if he had ignored their summons and reversed what Rav Gestetner understood to be the facts of the case and claimed that the husband - and not the wife had initiated the lawsuit in secular court. Based on what Rav Gestetner claims were these false claims the beis din issued an invalid seruv which publicly slandered Rav Weiss - despite his total innocence of these claims and he had fully complied with every halachic requirement of the original summons. Rav Gestetner lamented the injustice done to the husband. Third paragraph: Rav Gestetner states that he has the obligation from lo ta'amod" to forcefully defend Rav Weiss and declare that he is a kosher Jew who has in fact complied with the demands of the beis din - beyond that required by the halacha. Consequently Rav Gestetner asserted that there is absolutely no basis for issuing a seruv - which by definition is an assertion that there was a failure to comply with beis din. Thus the issuing of the seruv constitutes slander and therefore the seruv by definition can have absolutely no validity and is null and void.

It is in this context of declaring that Rav Weiss  has been unjustly subjected to public disgrace and ridicule based on false charges that Rav Gestetener wrote the fourth paragraph. It is simply a collection of statements of Chazal regarding the consequence of those who embarrass and torment other Jews with words. This includes 1) malbin pnei chaveiro - extreme embarrassment, 2) slander which Chazal say causes loss of Olam HaBah. 3) that they are deserving of nidoi since they are placing an innocent man in nidoi (seruv). 5) He notes that Chazal also say that all gates to Heaven are blocked except from those who cry out because of being tormented by words and these victims are answered immediately.

In sum - there really isn't anything unusual about Rav Gestetner's nullification of the seruv issued by Machon l'Hora'ah.  The seruv is issued for failure to comply with beis din's summons - and in fact Rav Gestetner says that there was more than full compliance. The language that is upset about - are  simply citation from Chazal. An additional point is that Rav Gestetner - despite  claims - is not a one man beis din. There are in fact other dayanim.

ORA rally against Weiss - Chareidi attendees?

Assuming the following report of last Sunday's rally is true - this seems to represents a major change in the debate of Get Me'usa and what is permitted by Rabbeinu Tam's harchakos. It is the first time of claims of support for ORA's from the yeshiva world. As I have noted before - there is no statement of Rav Shmuel Kaminetsky, Rav Yisroel Belsky or Rav Aryeh Ralbag supporting public demonstrations or ORA. ORA's list of supporters does not include a single chareidi rav.
It also remains to be clarified whether this is a simple case of ma'os alei like the Friedman-Epstein case or whether it is one of those cases where force is in fact permitted by everyone?

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You Cant Handle The Truth has left a new comment on your post "Rav Gestetner: Bitul Seruv or Nidui?":

Emes, that's a great answer to my challenge. But regardless, I was told that The Lakewood Roshei Yeshiva were asked by the family not to attend so as not to overshadow the purpose of the rally. Rabbi Kotler's mother attended as did his brothers in law, Rabbi Krupenia, the rosh kollel of lakewood & Rabbi Reich. As for Rabbi Schustal, his oldest son, a Shoel Umashiv in BMG, was the one who led the tehillim, and another son was more or less directing the rally. So if that's all the egg I have on my face, I'm cool.

Now how about you stop distracting from the issues we are discussing and answer a single challenge put before you?