Chaim Halpern: Are rabbis afraid to condemn him?

Times of Israel    A local religious authority announced plans Tuesday to establish a special court to investigate one of its leading rabbis for alleged sexual misconduct.

According to a statement issued by the Union of Orthodox Hebrew Congregations, the organization is “in the process of setting up an independent beis din consisting of prominent and renowned dayanim,” or religious judges, to “thoroughly investigate” allegations against London rabbi Chaim Halpern. The court will “hear testimony and look at evidence, and its final psak [ruling] will be adhered to by our Rabbinate.”

The leader of the Union, Rabbi Ephraim Padwa, “expresses the wish that no further action nor declaration be made until that psak is issued,” it added.[...]

However, plans for a whitewash were the exact allegation made by Yisroel Lichtenstein of the Federation of Synagogues, who so far is the only religious judge or rabbi to comment on the case on the record. He suggested that the purpose of the new court would be to overturn the ruling made at a previous hearing by six London rabbis, who heard testimony last month from one of Halpern’s alleged victims. Halpern subsequently withdrew from all of his public positions, except at his synagogue.

“It seems like a whitewash,” Lichtenstein said of the proposed new court. “What was wrong with the first [hearing]?”

Now passing E1 – don’t blink

Times of Israel   [....] We returned to the car and I told him to look at the clock and remember the exact time. I stepped on the gas and headed south. Two minutes later, we passed the Zeitim junction, “We just left Jerusalem,” I informed him, “watch the clock.” Two more minutes passed; we admired the desert landscape; saw a shepherd with his herd of bedraggled goats. I stepped on the gas a little. “And now, we are in Ma’ale Adumim,” I announced as we drove up the hill to the checkpoint and the entrance to the city with its beautiful flower beds and tall palm trees swaying in the cool winter breeze. “We just passed through E1.” I said, somewhat triumphantly. “That’s it!”

He looked frankly shocked. “But we just left Jerusalem a few minutes ago,” he uttered. “Four minutes exactly,” I replied. “And I didn’t even go over the speed limit!” “And that was E1?” he asked incredulously. “Yes,” I answered. “That is E1 and now you are in the biggest ‘settlement’ in the West Bank. Now you know what all the fuss is about and next time they talk about E1 you can say that you have been there and that you saw the goats.”

“But it is so close, and this looks just like a normal town,” he continued, “No one ever showed me this before.” [...]

Weberman trial: He testifies he is innocent

NY Daily News   A prominent Hasidic counselor said he “never ever” sexually assaulted a beautiful Brooklyn girl, and testified he didn’t know anything about lingerie bought by a charity he founded.

Nechemya Weberman, taking the stand in a child-sex-abuse case, acknowledged Wednesday that he founded a charity and used it to pay for his salary and his kids’ education.[...]

Children who had issues following the sect’s strict rules would be referred to him by schools or rabbis, he said, and he would then charge their parents about $150 an hour to counsel them.

In her testimony last week, the alleged victim testified she objected to the sect’s stringent dress code, which required thicker tights than she cared to wear.

When he first counseled the teen who brought the charges against him, “She was very quiet, looking down, closed in,” Weberman said. She slowly opened up, he added, discussing religious questions and problems she had at school and her home.

“At the beginning, we spoke a lot and I spent a lot of time with her to understand what bothers her,” he said. Weberman acknowledged the sessions cost her parents tens of thousands of dollars.

He was asked by his lawyer about the aim of the counseling sessions.

“To save her life,” Weberman replied.

Weberman trial: Request for children to pray for him

This is a letter in Yiddish that appeared on twitpic hattip to Remark  [my translation from Yiddish]

For the honor of the respected teachers,

We are now faced with the trial  of the important askan R' Nechemiah Tzvi ben Dinah Weberman about whom the debased and lowly elements from the fringe  of society have made false claims and slandered. Therefore the teachers have been requested to pray for him together with the young students and implore Gd every day he should go free. Therefore people should have this in mind when they answer "Amen Yehe Shmei Rabbah" which is a segula to annul bad decrees against a person. In addition Chapter 20 of Tehilim should be said and then the name that G-d should help and that the slanderers should have no hope and Nechemia Tzvi ben Dina should be freed  from all actions AMEN. 

Be fully aware that if this type of low and disgusting slander succeeds in this case then every single person is in danger of being a victim.

We have no other strength then our mouth for use as gifts and prayer. Our enemies will bow and fall but we will rise and be upright.

Weberman trial:Mother paid $12.8 K for "therapy"

 NY Post    If she stopped seeing her alleged abuser, she would have been expelled from school.

The mother of a teenage Brooklyn girl who was allegedly sexually abused by a prominent Hasidic leader testified yesterday that she was forced by her daughter’s yeshiva to send the girl to the man for counseling — and even had to pay for the dubious privilege. [...] “The school gave her a hard time and said she was ‘apikoros,’ ” [...]

When asked the repercussion of not sending her youngest daughter to Weberman, she answered in halting English, “They wouldn’t accept her. They wouldn’t allow her to go to school.”

United Talmudical Academy administrators even required the family to pay Weberman $12,800 in advance — before the teen started eighth grade, the mother testified. [...]

Weberman trial: Satmar Rebbe's denunciation of accuser

Last Saturday night the Satmar Rebbe, Aron Teitelbaum of Kiryas Joel spoke about the Weberman trial. The following is  a transcript of his words . Frumfollies has a recording of it as well as a translation.

Update #1: My brother has an interesting question in a comment to this post. Is the Satmar Rebbe claiming that the accusations against Weberman are totally false or is he acknowledging that they are true but is condeming the victim for publicly accusing Weberman of rape and pressing charges with the secular authorities against Weberman. In other words is he claiming she is a liar or a moser? His speech supports both interpretations!

Update #2: After listening several times to the audio. It seems clear that the Rebbe was simply using the verse as an asmachta and was not concerned at all with the context and pshat of the verse. In short he is calling the victim a zona. He is also denouncing her and her supporters for making a public spectacle. Thus he is placing the whole burden on the victim and is not acknowledging that she is a victim or that Weberman did anything wrong.

My basic translation:

 I was Shabbos in Williamsburg where I heard that people were greatly distraught. Who ever is aware of the incredible news of Willamsbug knows about the low level reached by a Jewish daughter.  It is truly frightening! In this weeks parsha the Torah records the outrage of Dina's brothers who asked in astonishment, "Should our sister be made a prostitute?" (Bereishis 34:31). This is truly terrible. This is in accord with the general rule [of Chazal] that when Jews go down they go all the way down to the ground [Megila 16a]. This is truly upsetting and extremely painful. I don't think that there has been such a disgusting episode in the history of the chareidi world . Offspring of Yaakov have been ruined. Nebech! Satan has succeeded in impactings Yaakov's desendants because she is also a daughter of our father Yaakov. This is such a terrible  degradation and is unbelievably painful. What incredible anguish, Oy! Unfortunately she is not acting alone but there is a whole group. This is terrible. I am telling you that I was in Williamsburg on Shabbos and everyone was broken over this matter. You should know that this group comes from Chasidic parents who wear streimels and bekitshes. Despite the fact that they have chasidic parents we find ourself in this situation. Consequently we have to give greater attention to the education of our sons and the education of our daughters and not miss the slightest thing. G-d should preserve every Jew and every Jewish home...

Judge temporarily blocks Calif. gay therapy law

USA Today   A federal judge has temporarily blocked California from enforcing a first-of-its-kind law that bars licensed psychotherapists from working to change the sexual orientation of gay minors, but he limited the scope of his order to just the three providers who have appealed to him to overturn the measure.

U.S. District Court Judge William Shubb made a decision on Monday just hours after a hearing on the issue, ruling that the First Amendment rights of psychiatrists, psychologists and other mental health professionals who engage in "reparative" or "conversion" therapy outweigh concern that the practice poses a danger to young people. The First Amendment of the U.S. Constitution guarantees freedom of speech and other basic rights.

"Even if SB 1172 is characterized as primarily aimed at regulating conduct, it also extends to forms of (conversion therapy) that utilize speech and, at a minimum, regulates conduct that has an incidental effect on speech," Shubb wrote.

The judge also disputed the California Legislature's finding that trying to change young people's sexual orientation puts them at risk for suicide or depression, saying it was based on "questionable and scientifically incomplete studies."

The law, which was passed by the state Legislature and signed by Gov. Jerry Brown in October, states that therapists and counselors who use "sexual orientation change efforts" on clients under 18 would be engaging in unprofessional conduct and subject to discipline by state licensing boards. It is set to take effect on Jan. 1.

Ex-Principal Yegutkin Convicted Of sexual abuse

 Jewish Week   Emanuael Yegutkin, 33, the former principal of Elite High School in Bensonhurts, was convicted Monday morning of all 75 counts of charges that he sexually molested students at the yeshiva.

 [This account does not seem to be accurate according to NY Daily News 2009 which says his victims were not students at his school]

"This conviction is an example of my office's policy not to tolerate horrendous crimes that target children,"  said Brooklyn District Attorney Charles J. Hynes through a spokesman.

Another spokesman later added on his behalf, "this sexual predator faces the remainder of his life behind bars. This should serve as a clear message that those who would sexually abuse children anywhere in this county will be punished severely.

Building E1 - Ending Palestine's hope for Jerusalem

NYTimes   Jerusalem, which both Israel and the Palestinians see as their capital, is anything but united, with fierce fights over its development posing perhaps the greatest threat to the prospects of peace. And beyond the cornerstone, nothing has been erected since in this contentious 4.6-square-mile area, known as E1, where there are many more goats than people.

But Israel’s announcement on Friday that it was moving ahead with zoning and planning preparations for the area could change all that, and many fear that it could close the window on the chance for a two-state solution to the long-running Israeli-Palestinian conflict. 

Construction in E1, in West Bank territory that Israel captured in the 1967 war, would connect the large Jewish settlement of Maale Adumim to Jerusalem, dividing the West Bank in two. The Palestinian cities of Ramallah and Bethlehem would be cut off from the capital, making the contiguous Palestinian state endorsed by the United Nations last week virtually impossible.

Although Israeli officials did not call the move retaliation for the United Nations vote, most people here assumed the timing was not coincidental. 

Along with zoning and planning for E1, Israel on Thursday approved 3,000 new housing units in unspecified parts of East Jerusalem and the West Bank. [...]

These include more than 1,200 units in Ramot and Pisgat Zeev — decades-old upscale Jewish neighborhoods of 40,000-plus residents that straddle Beit Hanina in the northern reaches of the municipality. Late last month, final approval of 2,610 units in an undeveloped southern stretch known as Givat Hamatos was postponed under international pressure because it was scheduled while Secretary of State Hillary Rodham Clinton was in the region trying to negotiate an end to Israel’s bloody conflict with the Gaza Strip. 

“Maybe the Palestinians got something on paper and morally, but he got something on the ground,” Mr. al-Qaq said. “Netanyahu is trying to enforce something on the ground and gain the hearts and minds of the Israeli public. It’s a strong message to the Palestinian leadership that Netanyahu is not without cards in his hand.”

The development of E1, a project that the United States has blocked several times since 1994, has long been seen as a diplomatic third rail, and several experts said Saturday that they expected that Israel may once again back down from building there. But several other controversial housing projects within Jerusalem have sped forward in recent months, raising the ire of the Palestinian leadership, left-leaning Israelis and the international community, most of whom see the settlements as a violation of international law.

Weberman case: Calling police for abuse of 12 year old

I was recently asked to explain the halachic justification for calling the police in a case such as the Weberman case which involved a 12 year old. According to halacha she is an adult and thus it would be viewed as a consensual relationship - especially since she said nothing for years and continued going back to him.  If there is no crime of rape then on what basis can he be punished? Whatever sin occurred such as if she was a nida and the fact that they aren't married doesn't seem to provide a justification for punishing him. Wasn't she equally complicit according to the halacha? In short there doesn't seem to be a victim here.

1) A simple answer would be this a case of fiduciary relationship - where she was under the power and influence of someone she viewed as an authority and complied because she assumed she had no choice. Thus it would be considered rape and not seduction. However while that is clearly the halacha for a child - it is not the halacha for a 12 year old who is considered an adult. However I can not find any teshuva where fiduciary relationships are a mitigating factor. In fact even in secular law there is no consistency. A rabbi is not considered a special authority figure in many places - as was seen in the case of Mordechai Tendler.

2)  He can be reported to save him from sin. It can also be justified because he is a rodef for prohibited sexual relations with a nidda - even if consensual. And thus the police can be called as a way of saving him from sin. 

3) Another justification is that of stopping a nuisance.

Rambam (Hilchos Chovel u’Mazik 8:11), And thus all those who disturb and distress the society it is permitted to hand them over to the secular government to be beaten or imprisoned or fined.

Thus someone who is a public nuisance can be turned over to the police - even  if he will be imprisoned. The Chasam Sofer, Minchas Yitzchok (8:148): and others note this is connected to Gittin 7a and that even a private nuisance can be turned over to the police if there is no other way of stopping the abuse. 

Chasam Sofer (Gittin 7a): Mar Ukva said that there are people who are irritating me [verbal – Rashi]. … Even though it was only verbal abuse, nevertheless if it wasn’t for the fact that Mar Ukva could save himself from this abuse by arising early and going to the study hall - it would seem that he would have been allowed to report his abusers to the government… We see from Rashi’s explanation that it was clear that if Mar Ukva had been abused monetarily or by forgery he would have been permitted to report his abusers to the government and he would not have been required to go to the study hall. That is simply because if a person comes to kill you than you have every right to kill them first. This is also the ruling of the Rambam (Hilchos Chovel u’Mazik 9:11): “And similarly if a person abuses and harasses the community it is permitted to give him over to the secular government to be beaten… In contrast if only an individual is being harassed it is prohibited to report him…” This would indicate that the Rambam is referring to verbal harassment.  Therefore if the assailant caused an actual loss it would be permitted to report him to the government so that he doesn’t cause further loss. This is the ruling of the Rema (C.M. 388:9) and it is also the ruling of the Shach (C.M. 388:59-60). However while it seems obvious to the Rambam that if one verbal harasses a community it is permitted to report him to the government – the commentaries don’t show the sources of this ruling. It must be that this ruling is learned from this gemora. It would seem that if hadn’t been for the fact that Mar Ukva had a solution to the harassment problem by going to the study hall it would have been permitted to report his assailants to the secular government. However this solution is only relevant for an individual. But it is not relevant for the community and therefore it is clearly permitted to report the community nuisance to the government. Also see the Pnei Yehoshua’s discussion of this gemora where he says that the solution of going to the study hall and complaining to G‑d about the assailant is not correct if one can stop the harasser in other ways. However he says if the harassers cause him to waste time from Torah and prayer because of his upset he can stop the harassers in any manner…

Protecting others from a sexual predator obviously is a public nuisance as well as a private one. A similar  problem is discussed in  Rav Sternbuch:Calling police for Jewish owned house of prostitution.

Consequently  it is not only permitted but it is a mitzva to report the existence of a predator to the police or  a therapist/teacher who is a mandated reporter who in turn will call the police - even if it results in the predator going to jail or losing money.

In sum, it is clear that even though a 12 year old is an adult according to Jewish law - but she can and should call the police to stop the predator from committing sin as well as to protect her well being and that of others.  She also can report the matter to a mandated reporter such as a therapist or teacher- who will report the matter to the police. Reporting a predator is a major contribution to the well being of society and is to be strongly praised.

Weberman trial: She claims was forced to copy porn

NYDaily News    The alleged teenage victim of Satmar Hasidic leader Nechemya Weberman testified Friday that he showed her pornography and then made her reenact the sex acts during their closed-door molestation sessions.

I had to “copy what was in the porn,” the beautiful blond 17-year-old testified in Brooklyn Supreme Court. “I remember it happening a lot.”

During her fourth grueling day on the stand, the teen detailed why she hid her torment, which allegedly lasted for three years, beginning in 2007 when she was 12.

“Everybody respected him, he was a leader,” she said of Weberman, 54, whom she described as a member of the powerful modesty committee, which enforces the morality rules of the insular sect.

She never broke down on the stand, even when confronted with intimate details of her tumultuous early teens.

Chaim Halpern condemned by rabbis for not resigning

Times of Israel   Approximately 30 London rabbis are preparing a statement calling on a colleague accused of sexual misconduct to step down from his synagogue, The Times of Israel has learned.

The declaration will say that Rabbi Chaim Halpern is not fit to serve as a rabbi “due to his violation of Jewish law and the laws of modesty,” and that he should be removed from his shul, according to Yisroel Lichtenstein, the head of the rabbinical court of the Federation of Synagogues in London.

Two weeks ago, Halpern, who is considered one of the top Haredi rabbis in London, resigned from his role as a religious judge in Kedassia, the Union of Orthodox Hebrew Congregations. He also ended his relationship with Beis Yaacov Primary School, the Hatzolah emergency medical service and Chana, an infertility charity where he was a religious advisor.

He has been accused by about 30 women of “inappropriate” contact. Earlier this month, six rabbis and religious judges gave him a choice between withdrawing from his positions or facing a public statement against him. They could not remove him, however, from his synagogue, Beis Hamedrash Divrei Chaim in the neighborhood of Golders Green, which is run from a building he owns.

The exact nature of the accusations has not been publicly revealed. [...]

David Kramer extradited to face abuse charges

Australian Age  A RABBI has been extradited from the US to face child-sex charges in Melbourne. David Kramer, 52, faces allegations he abused four boys while he was teaching at Yeshivah College in St Kilda East between 1989 and 1992.

A victim of sexual assault by other staff at Yeshivah, Manny Waks, said the allegations against Rabbi Kramer had been known to Jewish leaders since the 1990s but they sent him overseas rather than report him to police.''They were just going to simply ignore it, they weren't going to deal with it. A lot of the parents at the time were threatening to take action including going to the police. Only [then] the Yeshivah Centre decided to take action … and sent him overseas.'' Mr Waks said he never thought Rabbi Kramer would have to face the allegations and said of the charges: ''This is something I've been waiting for. It's just a bit overwhelming.'' ''What is now happening within the Jewish community is comparable to what has been going on within the Catholic Church. The broader community has been exposed to the allegations of sexual abuse within the Catholic Church for decades. Now for the first time the public is being made aware of the allegations within the Jewish community.''

It is understood Rabbi Kramer, a US national, spent time in Israel and the midwest of the United States, where he was volunteering as a synagogue youth leader.

Following an extradition request from Australian authorities to the US, Rabbi Kramer was surrendered on November 29 and flew back to Melbourne.

Rav Sternbuch: Pikuach nefesh & alternative medicine

 From this weeks Mishpacha News page 12 (my translation).

Rav Sternbuch replied when asked by "Mishpacha Magazine, "When you are dealing with a case of pikuach nefesh - there is no basis to be lenient to refrain from giving treatments which are harsh such as radiation or chemotherapy. If two doctors say that there it is necessary to have these treatments there is no option of avoiding them because of concern for serious side effects. In addition it is impossible to replace the conventional treatments for non-conventional treatments in cases of malignant illnesses since these non-conventional treatments are not considered treatments at all. These alternative medical treatments can be supplements to regular treatment but under no circcumstances can they be used instead of chemotherapy and radiation treatment - even if a homopathetic or natural doctor asserts that they can be.