Get Me'usa: Rav Rosenberg

As a consequence of the increasingly large number of gittin that are invalid according to the Torah, and are causing adulterous relations and increasing numbers of mamzerim, we are publicizing the problem in a letter from a beis din which clearly states the halacha

Concerning get me’usa (get which is invalid because of improper pressure on the husband)

It is a clear and unambiguous halacha that a get with is given because of force  - that is not authorized by the Torah – is invalid according the Torah. Therefore a woman who turns with various claims against her husband which are invalid according to the Torah such as monetary claims, maintainance, division of property etc., and in exchange for dropping the demands the husband agrees to giver her a get  - that get is categorized as one that is suspected of being invalid because of unauthorized force as is explained in Piskei Teshuva (E.H. 134:1) based on the Rashbatz. Similarly coercing a get by means of physical force against the husband or threats of imprisonment – also invalidate the get as is explicitly stated in the Rashba (2:240) and other Rishonim.

Therefore a woman who receives an invalid get by means of coercing or threatening the husband - in the manner listed above as well as other similar pressures –  is prohibited to remarry and she needs to receive another get.

Rav Chaim:a nebach apikorus is also an apikorus

Someone asked me today regarding the famous statement of Rav Chaim - did he actually act on it? In other words did he examine witnesses at a chasana as to whether they had correct beliefs. Did he refuse to count an ignoramous in a minyan because of mistaken beliefs. I am aware that it is a machlokess - but l'maaseh - what did Rav Chaim do?

Rav Elchonon Wasserman (Explanations of Agados #2): The view of the Rambam is that a person who believes G‑d is physical is a heretic. The Raavad commented: “There are greater and better people than the Rambam who erred in this issue because of mistakenly accepting the literal meaning of verses and agada.” I heard in the name of Rav Chaim Brisker that the Rambam views that there is no such thing as inadvertent heresy. Irrespective of how a person arrives at a mistaken belief, the fact is that he believes something which is heretical. Furthermore, it is impossible to be a member of the Jewish people without proper faith. Rav Chaim used to say that “a nebach apikorus (mistaken heretic) is also a heretic.”

Boy Scout Files Detail Decades of abuse coverups

NYTimes  In August 1981, the father of three Boy Scouts in western Colorado wrote in deep despair to scouting supervisors: a familiar local scout leader, referred to only as Joe, had sexually abused boys in his troop, including the writer’s own sons, and yet was still being allowed to have contact with boys.

Joe had been spotted at a big scout gathering called a Jamboree, the letter said, wearing a leather name tag like all other scoutmasters. “Your assurances that Joe was out of scouting and would have no further contact with scouting have just become meaningless,” he wrote. “Do you care about my distress over watching Joe insidiously get back?”

Regrets and recriminations about how the Boy Scouts of America have policed the ranks of its scoutmasters and other volunteers to guard against sexual predators — and how they have often failed — echo through the thousands of pages of internal documents, police files and newspaper clippings released here on Thursday after a lengthy court battle. The files were put together over a 20-year period in states across the nation on 1,247 men who were accused of abuse between 1965 and 1985, often with multiple victims. The release of the documents creates, for the first time, a public database on specific abuse accusations.   [See also NBC News ]

Get refuser who cheated with man jailed

ynet  They were married for more than five years, raised two children together, and lived a generally happy life until the woman found out that her husband was cheating on her – with a man.

She caught him in the act, immediately filed for a divorce with the Rabbinate, but the man refused to grant her a "get". On Tuesday, 10 years after the case was opened, the Rabbinical Court sent the man to prison – until he gives in.

The court ruled that the two must divorce, and ordered the man to grant his wife a "get". Despite his refusal, for years the judges failed to use their authority to impose sanctions on him in order to receive his consent for a divorce.

The husband, on his part, tried to extort different kinds of concessions from his wife before he agreed to a divorce, including benefits in child visitation arrangements and giving up on damages he had been ordered to pay.

But even after his requests were granted, the man refused to give his wife a divorce.

Child abuse: When do people actually intervene?

The following statements are true and self-evident as well as being supported by the Torah , research in psychology and correspond to observable facts.

While establishing the theory as to why these statement are true is important - there is greater benefit in simply knowing what to do to increase protection of the children

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Conditions people are more likely to intervene to help victim

1 If the facts are clear.

2 If the consequences for not acting are made extremely clear.

3 If there is a secular penalty (mandated reporting) for not reporting.

4 If the destruction caused to a person by being abused is made clear.

5 If the individual is made personally responsible to prevent harm from abuser.

6 If the Torah mandated obligations for dealing with abuse are unambiguously presented by rabbinic authorities.

7 If rabbis, principals or other leaders of an organizations stop insisting that they must be the gatekeepers - even though they are typically unqualified and incompetent in these matters.

8 If people use seichel rather than hide behind halachic reasoning that has no basis in Shulchan Aruch and poskim.

9 If people establish the facts prior to applying halachic barriers such as claiming there is no reality of abuse unless established by two frum adult males.

10 If the Torah mandated consequences for failure to deal with abuse are unambiguously presented.

11 If the operations of the secular authorities are clear, sensitive and effective in dealing with the problem.

12 If the negative consequences are a minimum to innocent family and community members. 13 If the community no longer tries to destroy those that report abuse. 14 If there is community approval and encouragement to deal with abuse. 15 If it is a member of the family - child or grandchild - who is being abused

Are sons more desirable than daughters?

Pele Yoetz (Daughter): I have seen a terrible custom in some places that when a daughter is born that the people make a lot of jokes and ridicule it. One person says, “The cold is great” and another ones say, “The smell is overwhelming”. This type of “humor” is openly expressed until the person who just had a daughter born cannot find a place to hide from those pursuing after him with ridicule and jokes. This custom is totally disgusting to me and they violate the verse in Mishlei (17:5), “One who ridicules the poor has blasphemed his Creator.” That is because it one of the hidden matters as to why G‑d gives sons to whom He wants and daughters to whom he wants. Consequently one who ridicules the birth of a daughter is speaking against G‑d and well as transgressing the serious prohibition against mocking others. But there is something even more stupid and nonsensical than ridiculing the birth of a daughter. There are some insensitive and ignorant people that when their wife gives birth to a son they express love to her and greatly honor her. In contrast if she gives birth to a girl, they avoid her and basically abandon her – not even to see her.  How great must be his wife’s sense of alienation and grief! These are truly foolish people. What does he want from his wife? Did she go to the market to choose to buy him a daughter and not a son?  Furthermore what business does he have criticizing the private decisions of G‑d? Perhaps daughters are better for him then sons because of their mazel and their lot. We have personally witnessed fathers who have rejoiced equally for their daughters and sons and yet their daughters’ portion in life was more blessed than that of sons. Woe is it to the man whose sons’ accomplishments are more appropriate for daughters and even worse than daughters in their ignorance because in fact there are a great number of ignoramuses and true scholars are few. Great are the pains of the father of sons when they don’t make a name for themselves in Torah learning and service of G‑d. In contrast the highest goals for daughters are more readily accomplished since it is primarily to teach them an occupation and proper character.

Bava Basra (16b):A daughter was born to Rav Shimon the son of Rabbi Yehuda HaNasi and he was upset because of it. His father tried to comfort him by saying, Increase has come to the world. Bar Kappara said to him, Your father has tried comforting you with a worthless consolation. Because the braissa says, The world can not exist without both males or females and yet happy is he whose children are males and woe is he whose children are females. Similarly the world cannot exist without both spice sellers or tanners, and yet happy is he whose profession is that of a spice seller and woe is he whose professions is that of tanner. On this issue of the value of daughters there is a dispute amongst the Tannaim. It says in Bereishis (24:1), G‑d blessed Avraham with everything [ba-kol]. What is meant by the word “everything”? R’ Meir said it means he was blessed with not having a daughter. R’ Yehuda said it means he was blessed with a daughter. Others (Acherim) say it means that he had a daughter whose name was “everything” (ba-kol).

Bava Basra(141a):  For R. Hisda said: [If a] daughter [is born] first, it is a good sign for the children. Some say, because she rears her brothers; and others say. because the evil eye has no influence over them. R. Hisda said: To me, however, daughters are dearer than sons.

שב שמעתתא (הקדמה ע' כא): ואפשר בזה רמזו בש"ס בבא בתרא ד' קמא ע"א בת תחילה סימן יפה לבנים דרבה לאחהא עפ"י מ"ש באבות כל שיראתו קודמת לחכמתו כו', וכל שחכמתו קודמת ליראת חטאו כוו וזהו בת תחלה היינו היראה סימן יפה לבנים היית תורה דרבי' ילבנהא, דע" י היראה התורה מתקיימת

Pardes Yosef (Bereishis 24:1): The Torah Temima (Bereishis 24:1.6) writes that in Menachos (43b) it states that Rav Meir decreed saying the beracha “Who has not made me a woman” and this is consistent with his view that a daughter is not a blessing. Rabbi Yehuda added that even though a son is a greater blessing than a daughter – that is only for someone who has a son. However someone who has a son also desires to have a daughter. Also the mitzva of having children is fulfilled only by having both a son and daughter. Others (Acherim) added that complete happeniness is only when the children go in the upright path. We know concerning Yitzchok that is says in Bereishis (25:19) that Yitzchok was the son of Avraham and that Avraham had a child Yitzchok. This verse tells you that all the fine qualities that existed in Avraham also existed in Yitzchok. However when it talks about the qualities of the daught the Torah doesn’t mention them. It simply says according to Acherim that the daughters name was ba-chol in the say one would say that a particular person has all the fine qualities. And thus he understands that Avaraham happiness was complete since he had a daughter with all the fine qualities.

Berachos(5b): ‘And that my bed should be placed north and south’. For R. Hama b. R. Hanina said in the name of R. Isaac: Whosoever places his bed north and south will have male children, as it says: And whose belly Thou fillest with Thy treasure, who have sons in plenty. R. Nahman b. Isaac says: His wife also will not miscarry. Here it is written: And whose belly Thou fillest with Thy treasure, and elsewhere it is written: And when her days to be delivered were fulfilled, behold there were twins in her womb. 

Sanhedrin(100b): R. Joseph said: it is also forbidden to read the book of Ben Sira. Abaye said to him: Why so? Shall we say because there is written therein, ...  A daughter is a vain treasure to her father: through anxiety on her account, he cannot sleep at night. As a minor, lest she be seduced; in her majority, lest she play the harlot; as an adult, lest she be not married; if she marries, lest she bear no children; if she grows old, lest she engage in witchcraft!’ But the Rabbis have said the same: The world cannot exist without males and females; happy is he whose children are males, and woe to him whose children are females.

Berachos(60a): Within the first three days a man should pray that the seed should not putrefy; from the third to the fortieth day he should pray that the child should be a male; from the fortieth day to three months he should pray that it should not be a sandal; from three months to six months he should pray that it should not be still-born; from six months to nine months he should pray for a safe delivery.

Nida (31b): R. Isaac citing R. Ammi further stated: As soon as a male comes into the world peace comes into the world, for it is said, Send ye a gift for the ruler of the land [and the Hebrew for] male [is composed of the consonants of the ‘words for] ‘this is a gift’R. Isaac citing16 R. Ammi further stated: When a male comes into the world his provision comes with him, [the Hebrew for] male [zakar, being composed of the consonants of the words for] ‘this is provision [zeh kar]’,for it is written, And he prepared a great provision [kera] for them. A female has nothing with her, [the Hebrew for] female [nekebah] implying ‘she comes with nothing’ [nekiyyah ba'ah]. Unless she demands her food nothing is given to her, for it is written, Demand [nakebah] from me thy wages and I will give it  

Rav Lichtenstein & Culture shock: Calvin & Hobbes

this item appeared in the Jewish Week

Shalom bayis through being unconscious: Adam & Eve

Toldos Yitzchok (Bereishis 2:21): And G‑d caused man to become unconscious [when He made Eve] – This unconscious state [associated with the creation of woman] - hints that man should make himself unconscious when he is in his house and not to be critical and fussy with his wife and household

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תולדות יצחק (בראשית ב:כא): ויפל יי' אלהים תרדמה, רמז שהאדם יעשה עצמו נרדם בביתו, ולא יהיה קפדן עם אשתו ובני ביתו.

Dr. Marc Shapiro:Why frum child abusers are defended

Seforim Blog - footnote 8   There is another theory as to why the sectarian hasidic world in particular has had so many cases of covering up and defending child sex abusers. It is that they simply do not regard these people as so terrible. The evidence for this appears obvious, in that in case of after case we see that they continue to allow sex abusers to teach and refuse to turn them over to the authorities and warn the parent body. Had they caught the rebbe eating at McDonald’s, you can be sure he would have been fired, but not so when it comes to fooling around with kids. The question is why do they have this outlook, and how come they don’t regard child sex abusers as so terrible? Here is a possible answer (which a wise person suggested). Look at where these societies get their information about human nature, the information that they regard as authentic and true. It does not come from modern psychology, but from Torah sources and folk beliefs. If you look only at traditional rabbinic literature, you won’t conclude that child sex abuse is as terrible as modern society views it. Yes, it is a sin and the person who commits it must repent as he must do with all sins, but there is nothing in the traditional literature that speaks to the great trauma suffered by the victim. How do we know about this trauma? Only from modern psychology and the testimony of the victims. Yet this type of evidence does not have much significance in the insular hasidic world (unless it is your own child who has been abused). Certainly modern psychology, which is often attacked by figures in that community, is not given much credence, especially not when they are confronted with an issur of mesirah. This theory makes a lot of sense to me and I am curious to hear what others have to say.

This issue was discussed two years ago here

15,000 chareidi youth getting draft notices

Haaretz   Over the next few weeks, the Israel Defense Forces will send out draft notices to some 15,000 Haredi youths aged 17-19, requiring them to show up for interviews. The IDF does not intend on drafting them immediately, but simply means to have them follow the standard recruitment process required before military service. The regular enlistment process usually takes up to a year. The IDF has taken the step after the High Court of Justice invalidated the "Tal Law" governing the enlistment of the ultra-Orthodox. The change took effect in August. 

At the same time that the army is requiring all Haredi men to enter the regular recruitment process, it is also continuing its preparations to establish a number of new battalions to accept Haredi men as combat soldiers, similar to the existing Netzah Yehuda "Nahal Haredi" battalion.

Senior IDF officers and Defense Ministry officials presented the plan to implement a Haredi draft on Sunday, at a meeting with Defense Minister Ehud Barak. Barak will present the plan this morning to the Knesset Foreign Affairs and Defense Committee. The plan is an attempt to find a middle ground in the wake of the cancellation of the Tal Law, in the expectation that it will be only temporary and that after the coming elections and the establishment of a new government, there will be a serious attempt to legislate a new law governing Haredi draft deferrals, seeing as how the High Court threw out the old arrangements.

Hebrew U study: 13.75 million Jews in the world

YNet   The global Jewish population reached 13.75 million in the past year, with an increase of 88,000 people, a study by Hebrew University Professor Sergio DellaPergola reveals.

According to the study, one out of every 514 people in the world is Jewish, less than 0.2% of mankind.

About 43% of the world’s Jewish community lives in Israel, making Israel the country with the largest Jewish population.

The Israeli Jewish population stands at 5,978,600, up 1.8%; the Arab population numbers at 1,636,600, up 2.4%; and the rest of the population including Christians and non-Jews reached 318,000 people, up 1.3%. Israel’s Jewish population makes up 75% of the state’s total people.

Rav Sternbuch:Problem of Get Me'usa in America

The following is my hasty unauthorized translation. Don't rely on it alone for practical halacha.

ב' מרחשון תשנ"ט

I was asked regarding a get which Rav X from Monsey gave to his wife. We want to emphasize that we only heard from one side i.e., that husband. However in matters of issur it is sufficient regarding assertions which are related with some sort of justification to arouse serious concerns that the Get is invalid as a Get Me’usa (forced get) and that it was given in error. Furthermore we have received letters from roshei yeshiva and gedolei Torah from America that verify the husband’s assertions. In their view there is a serious probability that the Get is invalid as we mentioned. Consequently there is no concern for the Cherem of Rabbeinu Tam that prohibits questioning a get given by a recognized beis din – since this isn’t simply a vague questioning of the validity of the Get as we explain. Therefore we call on the gedolei poskim in American not to get involved in this matter that they have heard about and assumed was correctly decided. There is the presumption that the Jewish people will not commit the crime of permitting the wife to remarry without a thorough clarification of what we mentioned and a true determination made of the din. In the matter which is before us, the husband does not want to leave his wife an agunah. He in fact is prepared to give a Get according to the law of the Torah. He simply is requesting his rights according to the Torah. They demanded from the husband that he falsely sign that he has no reservations regarding the Get and he are giving it whole heartedly. In addition they utilized the fact that the secular law always believes the wife - even when she is make false claims. Furthermore they utilized the fact that the secular law would imprison him based entirely on her false testimony or at least make a harsh judgment against him. It was only out of fear of these possibilities that he gave the get or validated it so that he would be free of improper criminal charges. You should be aware that this sin of permitting a married women to remarry against the halacha is extremely serious and is worse than what was done by the Generation of the Flood as is explained in Kiddushin (13a). And according what we have heard, America is degenerating to a state where anyone who marries a divorcee will need to clarify first which beis din gave her the Get and whether the husband willingly gave it. There is absolutely no concern to the Cherem [of Rabbeinu Tam] of questioning the validity of a Get – since there is clearly a valid basis to be concerned. This is the ruling of the Nodah BeYehuda (E.H. Madura Kamma 88) and other Achronim. The Nodah BeYehuda concludes there that if the beis din uses nidoi to pressure the husband then the beis din itself is in nidoi. Therefore due to the serious nature of this matter we request from the rabbis of America, who are the guardians of Yiddishkeit there, not to allow such a damaging breach. And this request is also directed to the Orthodox battei din that are known as Chareidim and yet they conduct themselves contrary to halacha due to our many sins. And even by silently acquiescing to this violation of halacha they are perpetuating it – chas v’shalom! For now the above words should be sufficient. Therefore I hope that this letter be productive in improving the situation. It will be my reward that I sanctified the Name of Heaven by not allowing revolt against the marriage laws. Gֿ‑d’s holy Torah will be perpetuated as well as His Will.

R' Pinto's wife attempts suicide after arrest

JPost   Rivka Pinto, the wife of Rabbi Yoshiyahu Pinto, one of Israel's most influential rabbis, attempted suicide by taking an overdose of pills at the couple's Ashdod home on Sunday, while police investigators interrogated her husband on suspicion of money laundering and bribing a senior police officer.

Pinto was lightly hurt and taken by Magen David Adom paramedics for treatment to the Sheba Medical Center at Tel Hashomer Hospital, where she was recovering Sunday night.

For additional information YNet   bhol

Teaching teenagers derech eretz in shul

NYTimes   ALIA RAMER, a mother of three from Maplewood, N.J., first noticed the problem when her daughter was just reaching adolescence, the age when many Jewish children celebrate their bar and bat mitzvahs

Parents were dropping their children off at the synagogue, and the kids, unchaperoned, were treating the joint like the mall. Girls were hanging out in the bathroom, sitting on the countertops and texting their friends, while boys were playing tag football in the social hall and sneaking brownies from under the plastic wrap.

These days, the tables have been turned. Jewish communities around the country, horrified by the appalling lack of manners their children display at bar and bat mitzvahs, are increasingly turning to more-formalized training efforts.

At the Hebrew Academy of the Five Towns and Rockaway, a Modern Orthodox day school in Lawrence, N.Y., the school holds weekly academic classes to prepare boys and girls to become bar and bat mitzvah scholars.

But administrators added a separate, in-school program to rehearse the proper etiquette guests should display at these events. The highlight is a mock service in which teachers coach students on how to sit quietly during prayers and listen attentively to remarks made by the rabbi, parents and grandparents. Members of the school staff even make telephone calls to students’ cellphones to prepare them for that eventuality.