Jewish Community Watch: Shh...Don't report abuse?

Minyan as a way to politically strengthen the Land of Israel

Guest post: The following is not a typical post for this blog. As the author states, she is not presenting a halachic view but a political one touching on the mitzva of yishuv haaretz.

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Why the Minyan?

It takes ten men to say certain prayers in shul. Yet no member of a minyan has a duty to attend. Why, then, opt in to this essential expression of Jewish community? It all goes back to the spies on whom the size of this religious -- and, in many ways, political -- quorum is designed.

In preparation to claim the promised land, chieftains of each tribe were dispatched to "see what kind of land it is, and the people who inhabit it; are they strong or weak? Are there few or many?" Ten of the 12 spies gave reports so discouraging that the people considered dissolving their nation in favor of returning to slavery in Egypt.

Those ten fearmongers were excised and our nation survived the episode. But, today, if the tables were turned, and enemies peered over our shul walls to discover the strength of Am Yisröel, would those spies run in fear or find our Beit Knessets all but abandoned?

My recent visit to the old city of Akko, recounted in Gather the Jews last week, suggests the latter. http://www.gatherthejews.com/2013/10/importance-of-a-minyan-in-akko/ Granted, rock-solid communities of faithful men abound around the world. But, what if Jews stopped to consider that their presence at a minyan constituted not just an act of group worship but a political statement, too? Our houses of prayer might brim daily to overflowing with platoons of tefillin-wearing chieftains.

Where no halakhic authority exists on the point, who am I to say whether HaShem wants you consistently in a minyan? What I do know is that people take their cues from leaders. And where ten leaders cannot take the time to convene daily in defense of their nation, what can any of the rest of us be expected to pledge toward its survival?

Lisette Garcia, J.D., is a Freedom of Information Act (FOIA) consultant in Washington, D.C. She attends Sixth & I Historic Synagogue, a 15-minute walk from the U.S. Capitol.

Alleged Modi'in Illit child molester arrested

JPost   Modi’in Illit Police have arrested a 20-year-old resident of Bnei Brak suspected of involvement in attacks on several victims, including a sexual assault on a nine-year-old boy.

Police noted that the victim’s father went to his rabbi and asked whether or not he should notify authorities of the alleged abuse. The rabbi told the man to go to police immediately, and he filed the complaint on Tuesday.

The child told police that he was on his way back home from school when he asked a young man to help him cross the street. The boy said the man then asked him to come with him to a nearby building, underneath a synagogue, where he sexually assaulted him.[...]

Police in Modi’in Illit are now calling on residents to come forward if they know of additional children the suspect assaulted.

Freund succeeds in bringing in 900 more non-Jewish Bnei Menashe

JPost   Following last week’s cabinet decision to allow the immigration of nearly 900 members of the Indian Bnei Menashe community to Israel, Michael Freund, the founder and chairman of the Shavei Israel organization that lobbied for their aliya, told The Jerusalem Post that he wishes to see the entire community come to Israel soon.

“Our goal is to bring all the remaining members of the Bnei Menashe community here to Israel as quickly as possible,” Freund said during a telephone interview on Thursday. [...]

While the Chief Rabbinate does not consider the Bnei Menashe to be Jewish according to Halacha, the members of the community consider themselves to be of Jewish ancestry and “committed Zionists and observant Jews” whose goal “is to return to the land of their ancestors,” Freund remarked. [..]

According to Freund, last week’s cabinet decision allows 200 Bnei Menashe to be brought by the end of the year, 400 in 2014 and another 300 in 2015. All of the immigrants will be housed in a private absorption center run by Shavei Israel and will then be settled around the country. [...]

Why rabbis are typically not competent to deal with abuse cases

Guest Post from Rabbi Yehoshua Kaganoff: This is a letter written several years ago which was sent in response to an article in the Journal of Halacha and Contemporary Society.

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Rabbi Alfred Cohen, Editor

RJJ Journal of Halacha and Contemporary Society

5 Fox Lane

Spring Valley, NY 10977

Chol Hamoed Succos, 5771

Dear Rabbi Cohen,

I appreciate the voluminous amount of research and effort that you invested in composing your recent article, “Judging Transgression in the Absence of Witnesses”. However, I was considerably dismayed over several fundamental omissions of very critical dimensions that impact dramatically on the outcome determinations and guidance that was necessary to convey to your readership and others under their influence.

Probably the most effective and efficient means of demonstrating the deficient aspects of the article is to critique the 3 case-studies that you cited as examples on pages 45-47 of your article.

In regards to the first case, you state that you feel that the authority figures acted in laudatory fashion.

Unfortunately, that is grossly incorrect. Nowhere is it mentioned that in the initial confrontation (“the quiet, discreet one”) that the rabbis in charge stipulated that the “rebbe” needed to submit to specialized psychological testing and treatment and that his engagement in the treatment protocols needs to be corroborated and verified. Nor was it mentioned that in the interim his movements need to be constantly (electronically) monitored and that the monitoring would only be discontinued after receiving a “clean report” from the supervising therapist.

The “rabbis in charge” were completely unaware of the compulsive, addictive nature of pedophility. Nor were they aware of the extent of the injury and damage caused to the victim of molestation.

Therefore, even though they may have (perhaps) protected the children of the yeshiva, they did nothing to protect the children of the community at large. As is well documented and known, a pedophile’s verbal assurances are of absolutely no value; Nor are threats of punishment! The disease (and indeed, a disease it is!) is a compulsion that he cannot rationally control and it was only a matter of time before he would victimize another child.

The rabbis in charge, either out of neglectful ignorance or arrogance, ignored the medical scientific research on this condition and blundered egregiously. They did not discharge their responsibility of Lo Sa’amod Al Dam Re’echo. The subsequent victim’s trauma (“….not abiding by the terms of the agreement.”) is their full responsibility. “Kol Dmei Achicho Tzoakim Eilai!”. Yodenu Shofchu es HaDom Hazeh!”      

              

This is very precisely a case of “Holcho Chamorcho, Tarfon”.

And likewise the public denouncement thereafter, was also a consequent miscarriage of justice. They never gave the perpetrator a proper chance at therapy to modify his psychological issues which underlie his disease. They basically set him up for failure and the subsequent public degradation.

This is not laudatory at all!

Similarly in the case of the Hebrew school teacher that you cited as case study #2, The Rosh Yeshiva perhaps protected the children in school. How these same children were to be protected off school premises remains mystifying. The nature of the disease is that if one avenue of sating the craving is denied, then the addict finds another avenue to “soothe” the compulsion.

And exactly how was the Shul Rabbi going to protect the children in the Shul? Was he to appoint (discreetly, of course) a shomer to watch the teacher’s every action? Anyone who works in the field of addictions knows that it is absurd and impossible to expect another person to control externally the addict from engaging in his “drug of choice”.  And what about the children in the rest of community? Again there was no interim electronic monitoring to keep the community safe. And there was no   mandated treatment with corroboratable compliance to ascertain that the perpetrator was engaged in the therapeutic process. All of these follies lay the groundwork for a subsequent disaster to happen.

Your referencing and comparing of these first 2 cases to your third case study of a Monsey butcher is a total non-sequitor. Even if we suspect the butcher of the compulsion of Kleptomania, at most he is endangering people’s money. The Maacholos Asuros factor is clearly an “Ones Rachmono Patrei” on the part of the customers and every responsible rov and rebbi will exonerate the consumers. Even the “Timtum HaLev” aspect, if indeed it applies at all, is removed by some Teshuva on the part of the consumers – please see endnote for elaboration. In no way does this compare to the severe emotional trauma and physical damage caused by molestation! A molester is a true Rodef in every sense of the word as borne out by the research.

Until such time as Rosh Yeshivos, Rabonim and Dayonim educate themselves in the following areas:

            1 – The compulsion dimension of Pedophilia; it is not a case of yitzra b’yodo – that he can contain his “own   evil urgings”…..

             2 – The extensive damage done to the victims….; 

          3 – That this is not a case of “judging transgression”; but preventing profound injury by a public menace (Rodef)…

A parent or other responsible adult has no other recourse than to go to the secular authorities and/or to the media, to protect his own children and those of others. And this is, indeed, mandated by Halocho!

If you would like, for your convenience I can send to you the corroboratory Teshuvos, Mareh Mekomos and resource material that is available upon these matters.

I believe it behooves you to recall the article as being half information and therefore inaccurate and misleading.

A Guten Moed v’Simchas HaChag

Sincerely,

Rabbi Kaganoff

PS – concerning Timtum Halev:

1) Droshos HaRan(#11) posits that a person who commits an Aveira but did so because he followed the Psak of Torah Authority does not suffer Timtum HaLev. In the cited butcher case, the consumers were following a very reliable Rav HaMachshir.

2) Even if we would disregard the Droshos HaRan, the Timtum HaLev is at most a Hezek SheAino Nikar, which is only a Hezek m’d’Rabbonon – NOT m’dOiraisah (Oruch HaShulchon CM 386:8).

3) Even if we suspect that the consumers ate Chelev, which would precipitate upon them a Chiyuv Korbon (Chatos or Oshom Tolui) to atone and rectify the damage, the cost of the animal would be only a monetary damage on the part of the butcher (Garmi – Oruch HaShulchon 368:11). 

And whether it be in a time when Korbonos can or cannot be brought, Teshuva accomplishes the requisite rectification as per Rambam, Teshuva 1:1 ; 3 and 7:4,6-8 

Feeling high and mighty gives us license to accept dubious dough

Scientific American  It may be satisfying to think back on good deeds. But beware: studies suggest these rosy recollections can prime us for future behaviors that are actually less ethical. When reassured of our rock-solid morality, it seems, we give ourselves more leeway in ethically slippery situations—a phenomenon dubbed “moral licensing.” In a recent example, California researchers found that individuals who had just written about a past good deed—such as helping a troubled friend or doing charitable work—worked harder for dough from an ethically iffy source. [...]

Kolko gets 15 years after judge rejects guilty plea withdrawal

Asbury Park Press   After watching his former camp counselor try to avoid responsibility for molesting him during a nine-hour hearing on Thursday, a 16-year-old boy faced his abuser in court as a judge sentenced him to 15 years in prison.

Superior Court Judge Francis R. Hodgson imposed the prison term shortly before 11:30 p.m. on Yosef Kolko, 38, a former counselor at an Orthodox Jewish camp in Lakewood.

Before the sentence was handed down, the victim, who was 11 and 12 years old when he was molested by Kolko in 2008 and 2009, confronted his former camp counselor.

“Molesting may seem harmless to you, but the reality is, it kills people,” the victim said. “How can you ignore the tears and open wounds when you know how much you hurt me? You ganged up on me and hurt me again.”

The victim and his family were ostracized in Lakewood’s Orthodox community for bringing the child’s allegations to secular authorities and breaking the religious tradition of having rabbis handle such problems. The family [...] made a 12-hour trip by bus for the sentencing hearing and an earlier hearing that stretched from the afternoon until 11 p.m. on Kolko’s bid to retract his guilty plea.

Kolko’s attorney, Alan Zegas, argued Kolko should be allowed to withdraw his plea to the molestation charges because he was coerced into making the admissions by members of the Orthodox community who didn’t want the bad publicity from a trial. [...]

However, Kolko’s previous attorney, Michael Bachner, one of seven witnesses at the hearing on whether to allow the guilty plea to be withdrawn, testified there was no coercion.

 

Senior Assistant Ocean County Prosecutor Laura Pierro called Bachner to testify after six witnesses testified on behalf of Kolko, describing an effort by many people in the community to try and convince him to plead guilty.

“He was never being threatened,” Bachner said of Kolko. “I didn’t feel he was being coerced. He never indicated to me he was being pressured.”[...]

New accusers in rabbi ‘torture’ ring

NY Post   A prosecutor said Wednesday that “the phone has not stopped ringing” with calls from Orthodox Jewish men who claim they were kidnapped by a rabbinical torture ring that used a cattle prod to force recalcitrant husbands to divorce their unhappy wives.

Assistant US Attorney Joseph Gribko said that while the feds were aware of 20 abductions when the unholy gang was busted last week, it’s unclear how many more will be uncovered.

“It’s larger than we thought,” Gribko said in Trenton federal court.

“The threats are not just in the past. This is an ongoing business.”

Sadistic cult leader sentenced to 26 years

YNET    26 years in prison. That is the punishment meted out Thursday morning by the Jerusalem District Court on the head of a "sadistic cult" in the Jerusalem area. He was also ordered to pay NIS 100,000 to his victims. His aide, who was convicted alongside him in court, was sentenced to six years in prison.

In September, the head of the sect and his aide were convicted of sexual offenses, violence, imprisonment in conditions of slavery and abuse of women and dozens of minors – some of whom were biological children of the father of "the family." The father, known as D., and his assistant, were arrested with much publicity two years ago. Twenty charges were filed against the two, and they were convicted of most.

According to the verdict, the "family" consisted of six women and dozens of children. The father persuaded the women to join them peacefully, but once they joined, life became a living hell of horrific violence, and physical, sexual and emotional abuse towards them and their children. Even so, some wives continued to be faithful and denied the charges against him. "There was only love at home," they claimed after the conviction. "It is all lies."

 

Publication of the full indictment has been forbidden, in order to prevent the identification of dozens of young children and their mothers, but a shortened version was released. [...]

Kolko claims Rabbi Belsky and other rabbis pressured him to falsely plead guily and to go to jail - to avoid sensational trial

Asbury Park Press    Middle-of-the-night visits and YouTube videos of child molesters in prison were among methods employed by Lakewood’s Orthodox Jewish community to pressure a former Orthodox Jewish camp counselor to admit to sexually abusing a child, the former camp counselor’s attorneys said in court papers.The members of Lakewood’s Orthodox community made the concerted effort to persuade Yosef Kolko to plead guilty to child molestation against his will to spare the community the unwanted publicity of a trial, defense attorneys Stephanie Forbes and Alan L. Zegas said in a brief filed in state Superior Court. [...]

Senior Assistant Ocean County Prosecutor Laura Pierro said in a response to the brief filed by the defense attorneys that Kolko already had been contemplating a guilty plea, because of the way the trial was going. He went ahead with the plea after learning that the Prosecutor’s Office had been contacted by an attorney representing two more individuals who claimed to have been molested by him, Pierro said in her brief opposing Kolko’s motion. Kolko did not enter his guilty plea until after he consulted with a Brooklyn rabbi, Yisroel Belsky, to get his blessing, Pierro added. [...]

Five letters from members of the Orthodox community were submitted with the brief on Kolko’s behalf, saying that Kolko was pressured into taking a plea bargain. The letters included one from Shabsi Kolko supporting the defendant’s story that he told him he was pleading guilty against his will, and one from Belsky, who said he was among the people who advised Kolko to plead guilty.“The reasons were convincing enough to make those who believed in his innocence fearful of the sensationalism attached to the affair and other weighty considerations,’’ Belsky wrote in his handwritten letter.

Hodgson is scheduled to hold a hearing on Kolko’s motion at 1:30 p.m. today.

R Mendel Epstein's alleged get kidnap & torture gang - soon to be out on bail

Asbury Park Press     [See also Lohud for additional details]

Two rabbis and four other men charged with planning to kidnap and torture Orthodox Jewish husbands to force them to grant their wives religious divorces are set to be freed as early as today on bail that runs into millions of dollars for some defendants.

Home confinement and other tight restrictions were also placed on the six men, including Rabbi Mendel Epstein, by U.S. District Court Magistrate Judge Doulas E. Arpert this afternoon in Trenton.

Epstein will be wearing an electronic bracelet while he remains under house confinement in his home in Lakewood, Arpert said. [...]

A law-enforcement source with knowledge of the investigation said the arrests were the direct result of a 2011 case in which a Lakewood couple, David and Judy Wax, were accused of kidnapping an Israeli national in an attempt to force him to divorce his estranged wife in Israel. Proceedings in that case have been repeatedly postponed since the arrest.

Just Say No: When It Makes Sense Not to Take Your Medicine

Time Magazine    It sounds like something a quack would support, but it’s true. There’s growing evidence that lifestyle changes such as eating a healthier diet and exercising more may be enough to prevent and even treat conditions ranging from diabetes to cancer.

The latest comes from a review of studies, published in the Annals of Internal Medicine, that analyzed the effects of a combination of behaviors that reduced the rate of Type 2 diabetes among those at high risk of developing the disease. Making over their diets and boosting their amount of daily exercise, as well as quitting smoking and managing their stress were enough to help the participants, all of whom had high blood-sugar levels that precede diabetes, lower their glucose and avoid getting diagnosed with the disease.

And it’s not the first study to hint at the power of the pharmaceutical-free approach. A study published this month in the journal Cancer Epidemiology, Biomarkers & Prevention reported that brisk walking cut postmenopausal women’s breast-cancer risk by 14% compared with those who didn’t walk. Women who exercised more vigorously enjoyed a 25% drop in risk of developing the disease. Another report in the journal Lancet Oncology found that a plant-based diet, stress management and other lifestyle changes contributed to longer-lived cells among men with prostate cancer. Those results echoed previous work that documented that the same lifestyle-based changes contributed to fewer recurrent tumors among men who had been treated for prostate cancer.

Taken together, the data has more doctors putting away their prescription pads when they see certain patients. The pill-free route isn’t for everyone, however, so it’s important for physicians and patients to understand when it’s appropriate and when it isn’t. [...]

Israeli court rules teen can’t be forced to go to yeshiva

Haaretz    The Haifa District Court overturned a Magistrate's Court ruling that forced a 16-year-old boy to study in a yeshiva as his father demanded, against his will. The court accepted the youth's appeal and ordered that he be allowed to register at a technical school of his choice. 

The youth's parents are separated. Both are religious, and the mother supported her son's wish. The District Court criticized the Magistrate's Court for not calling the youth to the witness stand or requesting to hear his opinion, and for ignoring the report of a social worker that supported the boy’s stance. The mother told the court that the standard of studies in the yeshiva was very low, that it does not prepare students properly for the matriculation exams, and that many students have left the yeshiva. The judges, Shoshana Stemer, Adi Zarnakin and Rivka Lemelshtrich summoned the youth to their chambers and heard his opinion. The youth was represented by attorney Efrat Venkart of the Justice Ministry department of legal aid. [...]

Lashon Hara:Did Chofetz Chaim transform a moral issue into a legal one?

[updated see below] How do we know that lashon harah (making derogatory statements about others) is prohibited? The most obvious candidate for the prohibition of lashon is Vayikra (19:16), Do not spread gossip amongst your people....  However the Rambam in Sefer HaMtizvos (301) says that this is a prohibition for rechilus (gossip) and motzi shem rah (slander) and does not mention lashon harah at all. .In contrast the Rambam in his later work Mishna Torah (Hilchos De'os 7:1) states that this verse is the source for the prohibition of rechilus (gossip) and that lashon hara and motzi shem rah are also included in this Torah commandment. The Chofetz Chaim says that the verse is only about rechilus and that lashon harah is learned by kal v'chomer from rechilus. [He says that consequently there is a problem for the Ravad who disagrees with the Rambam and says that rechilus is more severe than lashon harah – and thus the Ravad must learn lashon harah from a different verse.]

The Bavli also does not provide a verse for the prohibition of lashon harah. Rather the concern is for the prohibition of slander. Kesuvos (26a) mentions a debate regarding motzi shem rav – is it learned from Vayikra (19:16) or is learned from Devarim (23:10) Guard yourself from all evil. It does not ask about lashon harah. The verse in Vayikra is also cited as the source of rules regarding judges. He is not to be harsh to one litigant and gentle to the other. The deliberations of the court are not to be revealed.

One obvious explanation as to the lack of sources is that the Talmud does not clearly differentiate between gossip (rechilus) and derogatory comments (lashon harah) but rather uses the terms interchangably. We see this also from Yerushalmi (Peah 1:1) which does in fact ask for the source of prohibition of lashon harah. It says there is a dispute whether lashon harah is learned from the prohibition of gossip (Vayikra 19:16) or from Guard yourself from all evil (Devarim 23:10) – just as the Bavli asked regarding slander (motzi shem rah). Rav La says that prohibition against spreading gossip indicates a prohibition against "lashon harah –rechilus." [both terms together as if lashon harah is an adjective modifying rechilus] Rav Nechmiah said one should not be like a peddler who carries the words of one and brings them to another and vice versa. 

אזהרה ללשון הרע מניין ונשמרת מכל דבר רע אמר רבי לא תני רבי ישמעאל לא תלך רכיל בעמך זו רכילות לשון הרע תני ר' נחמיה שלא תהא כרוכל הזה מטעין דבריו של זה לזה ודבריו של זה לזה

The question is then whether it is true that before the Rishonim there was not a precise differential meaning for rechilus and lashon harah and that the terms were used interchangably? This would make sense if speaking negatively about others was a moral issue rather than a legal one. In other words if speaking lashon harah was a problem of character or midos and not halacha. If this is true than the revolution of the Chofetz Chaim was not that he was the first to create a Shulchan Aruch of the issur of lashon harah but rather that he succeeded in transforming lashon harah from midos to halacha. While it is true that bad midos are also prohibited by halacha – but there is no need for precisely describing the parameters as the Chofetz Chaim has done regarding the prohibitions of lashon harah/rechilus. 

This issue of whether lashon harah is primarily midos or issur is discussed by Rav Asher Weiss (Minchas Asher Vayikra 19:16 #41) and Dr. Benny Brown Pdf fixed link  [ and Daas Torah link] (From Principles to Rules and from Musar to Halakhah:The Hafetz Hayim’s Rulings on Libel and Gossip) and Rabbi Asher Buchman pdf (Legislating Morality: The Prohibition of Lashon Hara in Hakira) who discusses why Rambam placed these laws in Hilchos De'os which describes character perfection)

update (10/16/13) The Chofetz Chaim himself made the distinction between moral (mussar) and halacha in his explanation of how he could use Rabbeinu Yonah as a source - when it was  mussar (moral) not a halacha sefer

Chofetz Chaim (Lashon Harah – Introduction: Comment): The reader should not find it astounding that even though my entire sefer is based on halachic principles and conclusions, but I nevertheless cite in a number of places proofs from Rabbeinu Yonah's sefer – Shaarei Teshuva which is a mussar book [not halacha]. That is because if one examines Rabbeinu Yonah's words in a number of places it is clear that he was very careful with his words and they do not deviate from the halacha. In particular this is true concerning his writings about lashon harah. In fact everything he wrote there is a source in the Talmud as I will explain G‑d willing in this sefer. However he is very sparing in his words and he doesn't cite his sources contary to the practice of Rishonim. Nevertheless, in most cases I did not depend exclusively on the rulings of Rabbeinu Yonah – except in circumstances where a leniency could be inferred (and this is true for other Mussar books).