Mendel Epstein Torture for Get trial - Judge Wolfson's final jury instructions

 

 Mendel Epstein Trial - Final Jury Instructions 4-14-15 
 

Rav Dovid Eidensohn - Shiur Wed night 9:30 26 Nisan 5775 Beginning of Even Heozer

Shiur in EH Wed night 9:30 PM to participate call 605-562-3130 then code 411161#

הכנות לשיעור בהוראה על אבן העזר #1 יום רביעי 9:30  בלילה כו' ניסן תשע"ה

1.     שולחן ערוך אבן העזר סימן א' סעיף א' הש"ע והרמ"א. ויש לדייק למה בחר הש"ע להביא גמרא שענינו פרו ורבו ולא מדבר על עצם הנישואין שהוא חשוב. והרמ"א מביא בענין הנושא אשה שזה גורם לו כמה מעלות טובות. דהיינו שהוא משבח  הזיוג ולא הפרו ורבו. והאמת שהמצוה בתורה של פרו ורבו הוא כמו שכתב הבית יוסף. אבל הרמ"א בא להוסיף שגוף הנישואין הוא מהפך האדם מלמטה למעלה על פי גמרות מפורשת. והם ב' ענינים נפרדים.

2.      וע' רע"א שם השיטות בחיובי הנשים בעניני פרו ורבו. והבית שמואל שם ס"ק ב' אם האשה חייבת בשבת דהיינו מי שקיים פרו ורבו שיש לו בן ובת ויש עוד חיוב לאנשים לערב את תנח את ידך שהוא שבת למלאות העולם באנשים ויש שיטות אם האשה חייבת בשבת הגם שאינה חייבת בפרו ורבו.

3.     ע' רמב"ם אישות פרק טו' סעיף טז' חיובי האיש בפרו ורבו להקים בן ובת עוד יש מצוה דרבנן להוסיף עוד ועוד נשמות בהעולם שזה נקרא שבת, עוד יש איסור לישב בלא אשה שמא יבא לידי הירהור. ומסיק הרמב"ם ולא תשב אשה בלא איש שלא תחשד עכ"ל משמע שבאשה אין חיוב פרו ורבו ואין מצוה לשבת ואין איסור הרהור רק שיש חשד אם אין לה בעל שמא היא עושה עבירות. ולכאורה זה ראיה גדולה לשיטת הרמב"ם בזה והבית שמואל ורע"א שעוסקים בזה לא מביאים ראיה זו מן הרמב"ם שאין האשה חייבת בפרו ורבו ובשבת ובאיסור הירהור רק יש לחוש לחשד. וגם זה מוכח ברמב"ם גופא שתלוי באיזה אשה שיש אשה שרוצה אישות והיא חשודה ויש אשה שלא רוצה להנשא ואינה רוצה בכלל בענין זה כה"ג ליכא איסור ע' לקמן בזה.

4.     הרמב"ם שם כתב הטעם לשבת שמוסיף נפש אחת בעולם ומקשה הרמ"ך שבגמרא לא נותן טעם זה אלא הטעם שיש פסוק בבוקר זרע את זרעך ולערב את תנח ידך יבמות סב ע"ב כי לא תדע הזה יכשר דחייש למיתת הראשונים ונמצא שלא קיים מצוה והוא נתן בכאן טעם משום תוספת נפש אחת וצ"ע עכ"ל

5.     וי"ל שלטעם הגמרא היה אפשר להעלות על הדעת שהעיקר הוא בן או בת ואם ימותו יש ענין לערב אל תנח להשלים ההפסד. ובא הרמב"ם לומר שזה טעות. שבכל נפש יכול להיות עולם מלא ואפשר שהשלישי יהיה טוב מן הראשונים ולא סתם כדמשמע קצת בגמרא שלערב הוא להשלים הראשון אלא צריכים לשמוח בכל לידה כאילו הוא עולם מלא ולא רק שיש תשלומין להראשון. ובודאי הלימוד שצריכים שבת הוא מן הפסוק שצריכים להמשיך. ובודאי אם יתעצל האדם בזה אפשר לומר לו מי יודע אם יתקיימו הילדים שהולדת. אבל העיקר בפרו ורבו לא רק לצאת ידי חובתו בפרו ורבו או שבת אלא העיקר בפרו ורבו לשמוח מזה על כל ילד שמביא להעולם שהוא כעולם מלא. ולא רק שאם ימות הראשון יהיה זה. ונ"מ שידוע שצער גידול בנים ממית האדם ודוקא על ידי מה שכתב הרמב"ם שישמח האדם בילד שהוא עולם מלא אפשר לו לישא העול הכבד של הילד. שלכן מביא הרמב"ם חוץ מן הפסוק שהעיקר לא לשמוח שמא ימות הבן ויהיה זה תשלומין לו אלא צריכים לשמוח שזכה לעולם מלא אפילו אם יתקיים הראשון. ושמחה זו עיקר גדול באמונה בגדלות הנשמה.

6.     והנה פעם ישב ילד על הכסא של הרב של ירושלים הגאון רבי יוסף חיים זאנענפעלד זצ"ל ונכנס הרב ולא רצה להפריע הילד ואמר הלא הילד הזה יכול להשיג מדרגות מדרגות ואילו אני כבר זקנתי ואין לי היכולת של הילד להיות כך וכך. והוא ענוה ועדיין יש בו אמת שעל כל ילד ועל כל צעיר צריכים לחשוב שהעולם לפניו וכל אחד יכול להשיג צדקת משה רבינו וכו'.

7.     וע' ברע"א על הרמב"ם אישות פרק טו' סעיף טז' שמביא קושיא על הרמב"ם מדבריו באיסורי ביאה פרק כא' הלכה כו' ורשות לאשה שלא תנשא לעולם ע"כ ופה  אומר ולא תשב אשה בלא איש שלא תחשד ע"כ והתירוץ מביא רע"א בשם פוסק אחד שמיירי בעיר שכולם נשים או סריסרים. והוא דוחק גדול.

8.     ולענ"ד התירוץ הוא שאם האשה היא כאשה רגילה שפעם היה לה בעל או שהיא משתדלת להנשא בזה יודעים שיש לה חשש חשד אם לא תנשא שהיא רוצה בדברים אלה. אבל אם יש אשה שמואסת בכל הענין מהיזה טעם ויודעים שאפשר לה להנשא ודוקא לא רוצה בזה מאיזה טעם למה מעלים על הדעת חשד עליה שודאי אשה כזאת אין חשד שהכל יודעים שהיא לא רוצה דברים הללו. וכן יכול להיות שהתשמיש קשה להם או הלידה ובפרט אם יודעים מזה שכה"ג אין חשש חשד.

When a Plane Seat Next to a Woman Is Against Orthodox Faith

NY Times   A growing number of airline passengers, particularly on trips between the United States and Israel, are now sharing stories of conflicts between ultra-Orthodox Jewish men trying to follow their faith and women just hoping to sit down. Several flights from New York to Israel over the last year have been delayed or disrupted over the issue, and with social media spreading outrage and debate, the disputes have spawned a protest initiative, an online petition and a spoof safety video from a Jewish magazine suggesting a full-body safety vest (“Yes, it’s kosher!”) to protect ultra-Orthodox men from women seated next to them on airplanes.

Some passengers say they have found the seat-change requests simply surprising or confusing. But in many cases, the issue has exposed and amplified tensions between different strains of Judaism.

Jeremy Newberger, 41, a documentary filmmaker who witnessed such an episode on a Delta flight from New York to Israel, was among several Jewish passengers who were offended.

“I grew up Conservative, and I’m sympathetic to Orthodox Jews,” he said. “But this Hasid came on, looking very uncomfortable, and wouldn’t even talk to the woman, and there was five to eight minutes of ‘What’s going to happen?’ before the woman acquiesced and said, ‘I’ll move.’ It felt like he was being a yutz,” Mr. Newberger added, using a Yiddish word for fool.

“I think that the phenomenon is nowhere near as prevalent as some media reports have made it seem,” said Rabbi Avi Shafran, director of public affairs at Agudath Israel of America, which represents ultra-Orthodox Jews. Rabbi Shafran noted that despite religious laws that prohibit physical contact between Jewish men and women who are not their wives, many ultra-Orthodox men follow the guidance of an eminent Orthodox scholar, Rabbi Moshe Feinstein, who counseled that it was acceptable for a Jewish man to sit next to a woman on a subway or bus so long as there was no intention to seek sexual pleasure from any incidental contact.

“The haredi men I know,” Rabbi Shafran said, using the Hebrew word for the ultra-Orthodox, “have no objection to sitting next to a woman on any flight.”

But multiple travelers, scholars and the airlines themselves say the phenomenon is real. The number of episodes appears to be increasing as ultra-Orthodox communities grow in number and confidence, but also as other passengers, for reasons of comfort as well as politics, push back.

“It’s very common,” said Rabbi Yehudah Mirsky, an associate professor of Judaic studies at Brandeis University. “Multiculturalism creates a moral language where a group can say, ‘You have to respect my values.’ ”[...]
================================
Update: Moe Ginsburg points out another perspective -  he writes:

Orthodox Jews are not the only people who ask for a seat change when boarding. In fact many people do and Orthodox Jews are a tiny minority of those that seek this accommodation:

NY Times  Airplane Seat Swapping Turns Rough-and-Tumble

For passengers in increasingly stratified plane cabins, the scramble for the right seat has become more intense than ever.

Just asking to switch remains a popular choice, but increasingly, frequent travelers say that fellow passengers are breaching long-established etiquette and simply plopping down in a seat of their choice.

“It’s a little bit of they don’t understand the value,” said Joanna Bloor, a consultant. “It is truly lack of an awareness that this is a transaction.” [...]

Turf wars over the limited real estate in a plane cabin, from the overhead bins to the armrests, have become more acute in recent years. And with airlines packing planes tighter and charging more for exit rows, for seats further up in the economy cabin or for seat selection at the time of booking, requests — or demands — to swap seats have taken on a new tenor.[...]

As a result, travelers who don’t want to pay extra for a preferred seat might need to ask a fellow passenger to swap. But frequent travelers say that there is a definite etiquette to this activity that infrequent travelers often violate.

A request is more likely to be granted if the person who wants to swap is willing to move further back in the cabin, or take a middle seat. Even so, asking is no guarantee.

“The problem is that a lot of these people have paid for these seats, or they’ve booked them far in advance and they don’t want to give them up,” said George Hobica, who runs the website Airfarewatchdog.[...]

Jewish Community Watch Brings an Evening of Awareness on Child Abuse Prevention to the Monsey Community

Jewish Community Watch (JCW) will host Child Abuse Awareness event at the  Crowne Plaza on Sunday, Rosh Chodesh Iyar

April 19th, 7:00 pm sharp at the Crowne Plaza, Suffern-Mahwah, 3 Executive Blvd Suffern, NY 10901

At a JCW awareness and education event this February in Cleveland, noted Askin Mendy Klein addressed the crowd on the topic of child abuse (CSA) “I have one word for it” he said, “It’s a Magaifa, it’s a disease”

JCW was founded over four years ago to fight that Mageifa. Through its educational activities and support for survivors, JCW and our community are turning the tide against abuse. Over the past six months, JCW has organized events in 5 cities drawing large crowd of parents, educators and abuse survivors to raise awareness for child abuse in our community and learn what Jewish Community Watch (JCW) is doing to combat it. In Miami, Brooklyn, Cleveland, Los Angeles and Aventura standing room only crowds have heard from rabbis, survivors and therapists.

Jewish community watch is advised by a group of prestigious rabbis, legal experts and mental health professionals.

At the upcoming JCW event in Monsey, speakers will include, Founder of JCW, Meyer Seewald, Abuse Survivors, Eli Nash, Community Policy Officer, Omar Olayan, Rabbis Ronnie Greenwald and YY Jacobson and Trauma Psychologist Dr. Norman Goldwasser.

Founder and CEO of JCW Meyer Seewald said: “The effects of abuse are devastating, it has the ability to not just scar a child emotionally but to also deeply injure his Neshoma. Abuse has driven too many in our community to severe depression, addictions, leave the Derech, failed marriages and deep emotional trauma which can last a lifetime. Abuse happens in our community just like all other communities – that is not the Chilul Hashem – the Chilul Hashem is when we don’t confront it. This event will be a major Kiddush Hashem. It will demonstrate the exceptionalism of our community which is doing everything to protect our children and support those who were hurt.

The day after a previous event, JCW received the following message from an attendee: “Last night’s event was probably the most important event I’ve ever been to. The honesty, rawness, humanity and bravery that was shown by every single speaker and survivor affected me so deeply I really can’t describe it. Eli, Meyer, and Baruch–who were so courageous in sharing their stories just saved countless lives. I have never been prouder to be Jewish than I was last night, when we all stood together and sent a message to the abusers and cowardly murderers that they will never again be free to lay a hand on anyone with the help of JCW.”

Event Details: 

Sunday, Rosh Chodesh Iyar, April 19th, 7:00 pm sharp at the Crowne Plaza Suffern-Mahwah 3 Executive Blvd Suffern, NY 10901

- See more at: http://www.theyeshivaworld.com/news/headlines-breaking-stories/301078/jewish-community-watch-brings-an-evening-of-awareness-on-child-abuse-prevention-to-the-monsey-community.html#sthash.7LwxUTfP.dpuf

Swiss working on electronic pedophile detector

http://www.sonntagszeitung.ch/read/sz_12_04_2015/nachrichten/DieVermessungdesGehirns32337

Google translation

Researchers at the University-Psychiatric Clinics Basel test a Pedophiles detector of convicted offenders and normal men. The objective is the detection of Child molesters Basel The windowless room in the basement of the Research Institute seems cool, but the walls are black, the lights glaring, are everywhere Equipment and computers. The researchers are working quietly and expertly. They wire the head and two fingers of Roland F. He is in Family an extraordinary experiment. At the end of the preparation put it on his 3-D glasses. Now you're set. Three Hours Experienced F. images on a screen. He sees scenes Children, women, men. Some naked. Measure the apparatus constantly, making him stimulated.

What sounds from a psychological thriller after a scene played out at the moment at the Wilhelm-Klein-Strasse in Basel from. At-University Psychiatric Clinic (UPK) experiment scientists a brain test to deviant sexual impulses of offenders to measure. Specifically, the researchers are hoping to identify pedophiles. If successful, this would be a turning point in the Court of Psychiatry, especially in the assessment of dangerous sex offenders.  Researchers in this area include the world's few pioneers.

The laboratory equipment in the hospital basement draw reactions in the brain of Subjects on. Sensors measure on the fingers when the Skin conductance increases. This happens when a subject is energized. Marc Graf, director of forensic psychiatric clinic in Basel Head of the research project. The Federal Office of Justice funded the two-year trial with half a million francs, the Northwest Swiss Ethics Committee has approved the experiment.

Parallel to the Baslern also prepare Zurich researchers such Brain tests before. Also they want to elicit pedophiles. There forwards Andreas Mokros of the Psychiatric University Hospital of the project. Also tested consumers of child pornography Machines, to recognize pedophiles - why? The engine for this Research was an unease about today's methods Assess dangerousness of offenders, both researchers say. Mokros explains: "It is difficult to ask pedophilic tendencies or measure if the subject is not willing to provide information. "

His colleague Basel Graf adds: "If we are an intelligent person during a course of therapy assured that he had no Children fantasies more, we do not know if that's true. "This support you look very heavily on the testimony of the offender and indirect Conclusions from observations of behavior in the therapeutic daily from. Penal experts know that there are offenders who in years Therapies learn to adjust to their therapists. The falsified reports and is dangerous. "The test we now develop, we hope that the objectivity of a finding significantly to improve. "

So far Graf's team tested 43 men in Basel, 20 convicted offenders and 23 normal citizens. The subjects are divided into three groups: In the first are offenders who consumed the Internet child pornography have. In the second, those convicted of child abuse are. 23 normal men form the third group. [...]

Rabbi Yoshiyahu Pinto Convicted of bribery

Arutz 7

The Tel Aviv District Court convicted Rabbi Yoshiyahu Pinto, head of the Shuvu Yisrael sect, on Tuesday morning, after he confessed to bribery as part of a plea bargain. 

Pinto arrived for his arraignment early Tuesday and signed a confession according to the terms of the plea bargain; he has been convicted on charges of bribery, attempted bribery and the obstruction of justice. 

The conviction follows multiple attempts by Pinto and his legal team to prevent him arriving in Israel for the arraignment, and a heart attack scare on Monday that led him to be taken to Ichilov Hospital in Tel Aviv upon landing. 

Pinto allegedly attempted to bribe senior police officer Ephraim Bracha with $200,000 for information about a pending police investigation into the Hazon Yeshaya charity organization, which Pinto was rumored to be closely involved with. Bracha immediately reported the incident to his superiors, prompting a separate investigation against Rabbi Pinto himself. [...]

Mendel Epstein torture for Get trial: Today - Tuesday - the defense will present closing statements

Asbury Park Press

Experienced in the violent art of coercing divorce decrees out of reluctant Orthodox Jewish husbands, Rabbi Mendel Epstein and his team of heavies knew the value of planning ahead, authorities allege.

Epstein, a resident of Lakewood and Brooklyn, New York, even discussed what to do should the husband suffer a heart attack on the ride back after being punched, kicked and tortured with a cattle prod.

“Take a right turn and let him die,” Epstein can be heard telling an undercover FBI agent.

The recording was one of several that figured prominently in the prosecution’s closing statement Monday here in U.S. District Court, where Epstein, his son, David Epstein, and two other rabbis are being tried on kidnapping-related charges.

Assistant U.S. Attorney Sarah Wolfe also replayed surveillance video showing members of Epstein’s “team” arriving at an Edison warehouse in 2013 wearing dark clothing and disguises, including a Halloween mask. One defendant covered his long whiskers with a plastic bag.

“These people were not here for a religious ceremony. There is nothing religious about this,” Wolfe told the jury of eight men and eight women watching the footage. “This is a kidnapping.”[...]

 

The trial, which has lasted for seven weeks, has included testimony from an alleged victim, Israel Markowitz, who said he was lured to Lakewood and beaten and shocked into submission in 2009.

Markowitz identified David Epstein as one of his attackers and the driver of the van.

The attorneys for Epstein and the other defendants — David Epstein, Rabbi Jay Goldstein and Rabbi Binyamin Stimler —are scheduled to make their closing statements Tuesday.

Rav Eliashiv: Denounces rabbis who force a Get

First  published 4/29/12

Epstein Get by Torture Trial - Please show for closing arguments

Guest Post

Rabbosai....let's give it all we got...

The gangsters and their sympathizers plan on mustering and mobilizing all their representation for the closing arguments tomorrow. We cannot let the court and jury think that this is something insignificant to frum Jews. We want the court to do what it can to stop innocent people from being beaten up resulting in get me'useh and all that comes from it. Again, do what you can to, to be there and to get others to come.

May we soon witness Torah justice in triumph and Haromas Keren HaTorah.

Question: What should be the reaction to a Chumash produced by someone who beat a husband to give a Get?

Guest Post. I received the following letter and thought it raises an important issue. I got permission from the writer to publish it.

Hi. I'm not sure if this is of interest to you. I noticed several samplings of a new Chumash in my Shul over Yom Tov. Please see the pictures. I'm assuming that it was put out in in most Shuls as a promotion for the upcoming Chumash. (This needs to be verified). 

The only part that concerns me is that David Wax is making it clear to the world that he is behind this Chumash. This is right after he testified in federal court that he beat Bryskman and even lost it on Bryskman when Bryskman bled on his carpet, due to his beating. Interestingly, the haskama calls him from the "chashuvei vaykirei".... 

It's OK for Mr. Wax to notify the world about his son's Bar Mitzvah. 

It's OK to promote this new Chumash, without Wax pushing himself as the driving force. But for a person who never provided a halachik justification for his brutal beating, conniving and attempt to extort money, to call out to the world that he's publishing this Chumash seems wrong.

I'm also curious to know if Rabbi Belsky is still the editor of the Taryag Mitzvah project (which did not really make it) - and this Chumash as well.

Rabbi Dovid E. Eidensohn/Shalom Bayis Beth Din of Jewish Outreach Congregation

The General Idea of Shalom Bayis Beth Din

Shalom Bayis Beth Din is a program of education, guidance and Beth Din. Education means that preferably prior to marriage and even afterwards, Shalom Bayis Beth Din will teach people how to maintain a good marriage and avoid mistakes that destroy marriage.

Guidance means that when people are bogged down in disputes Shalom Bayis Beth Din will guide them on the proper path to find peace in their homes.

Beth Din means that when a couple accepts Shalom Bayis Beth Din as an authority on their marriage, Shalom Bayis Beth Din can demand that the family follows the right path in marriage and family. If the couple agrees, Shalom Bayis Beth Din can make demands about how the couple must behave, and Shalom Bayis Beth Din can fine those who violate their commands. Eventually, if a person violates regularly and is fined regularly, the fines will probably force an end to the process, which means that the violator will have to seek a divorce. This will lessen the process of making Agunose of broken families.

Gedolei HaDor have explained that there is no problem with coercing a GET because Shalom Bayis Beth Din never talks about a GET. It fines to force the marriage to survive. This is not a forced GET.

Learning Even Hoezer Rambam, Tur and Shulchan Aruch

Our project of learning Even Hoezer begins with Rambam Noshim, then Tur Even Hoezer, then Shulchan Aruch Even Hoezer. Learn through without getting distracted until you are grounded well in the basic laws. The more you learn the more you will be aware of the various commentaries on the basic texts of Rambam, Tur and Shulchan Aruch. Next comes the deeper level of looking into the sources for these basic halochose in gemoras, rishonim and acharonim, each according to his ability and schedule. For those who are fully committed to become a master of these halochose and who will try for semicha, they will have a full schedule. This Wednesday August 15 9:30 PM we begin a shiur for advanced study of the texts. We begin with the first words of the Shulchan Aruch Even Hoezer about the importance of marrying and having children. We will also delve into the Torah understanding of gender and the roles of men and women. We have extensive Kabbalistic material in this regard. I also have a book on the subject sold at Amazon Secret of the Scale. All are invited to this telephone class but it is a high level of learning. To join the freeconferencecall.com program dial first 605-562-3130 and then code 822322#.

Funding           

                                                       

Jewish Outreach Congregation accepts funds for this project. We have various blogspots and a website: torahhalacha.blogspot.com, our main project; torahmarriage.com.blogspot.com, videos; www.torahtimes.com, website with audio cassettes and regular text. Our book on gender is Secret of the Scale available at Amazon. We now need to establish more media and public programs to offset the enormous problem of invalid Gittin caused by forced divorces, such as in New York State where judges can jail a husband and take away custody for not giving a GET. Such a GET is invalid and the children born from it could be mamzerim. We have a lot of work to do, and need funding.

Please go to our main blogspot at torahhalacha.blogspot.com and click on the paypal button that will allow you to contribute to our Jewish Outreach Congregation and support this work. 

                                                 Thank you. 

                                              Dovid Eidensohn

ISIS-Besieged Yarmouk: What makes it a refugee camp?

Arutz 7     Attention is focused on the Islamic State (ISIS)-besieged Yarmouk "Palestinian refugee camp" in Syria – which is actually a normative neighborhood in Damascus.

ISIS jihadists and murderers have overrun the neighborhood in recent days, murdering civilians using firing squads or beheadings, and wantonly destroying apartment buildings. 

A Palestine Liberation Organization (PLO) arrived in Damascus for talks on "helping residents" in Yarmouk. Hundreds of families have been evacuated from the neighborhood – the latest stage in the population depletion from 112,000 in 2002 to some 18,000 today.

The humanitarian crisis in Yarmouk has turned attention to what news reports around the world call a "Palestinian refugee camp" – when in fact it is not officially recognized as such in Syria, and is rather a city (madina) in the Damascus Governorate.

Yarmouk was established in 1957 on an area outside Damascus to accommodate refugees who were squatters, according to UNRWA, which largely administers the area. One is left to wonder what the Syrian authorities did with these "squatters" for nearly a decade, after they supposedly left Israel during the 1948 War of Independence.

The area later developed into a thriving neighborhood. Lina Sinjab reported for BBC in August 2010 that "although [Yarmouk] is identified as a [refugee] camp, there are no tents or slums in sight. It is a residential area with beauty salons and internet cafes. The Palestinians who live here are well integrated into society, some even hold government posts."

Residents of the camp number many professionals, including doctors, engineers and civil servants.

This of course raises the question: what is UNRWA – the United Nations Relief and Works Agency for Palestine Refugees – still doing there? [...]

The other side of the story: Halachic Advisory Board responds to Sima Yarmush's accusation that they cover up abuse

Crown Heights Info    A scathing indictment of the ‘Halachic Advisory Board’ during a speech by Mrs. Sima Yarmush, a survivor of sexual abuse at the hands of a Rabbi in her family’s Chabad House, has lead the board to release a statement explaining their policy regarding abuse.

This statement comes after a speech given by Mrs. Sima Yarmush before a crowd in Los Angeles, California in which she spoke about the abuse she suffered at the hands of a Rabbi in her family’s S. Monica Chabad House.

In her speech she accused the Halachic advisory board of what amounts to a “cover-up” which “allowed this predator to reestablish himself in another neighborhood and potentially prey on other victims.”

The board is made up of four rabbis including; Rabbi Avrohom Union, Dayan and Menahel of the Beth Din of the Rabbinical Council of California, Rabbi Gershon Bess, Rov of Congregation Kehilas Yaakov in Los Angeles, Rabbi Yosef Shusterman, Rov of Chabad of Beverly Hills, California, and Rabbi Berish Goldenberg, Chairman of Family Commission at Rabbinical Council of California and Principal at Yeshiva Rav Isacsohn Academy in Los Angeles.

The following is their statement:

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We have reflected in recent days on the story of a brave and valiant young woman who has shared her story with the public.

What happened to her happens all too often. Sadly it will happen again. During the course of the dialogue surrounding her message, many questions have been raised. Because of legal restrictions and a code of conduct on disclosure practiced by the professionals involved in this area, we cannot discuss the particulars of this situation.

Nevertheless, as a community that cares deeply about taking action against sexual abuse and providing assistance and comfort to their victims, we believe it is useful to provide to the public an outline of our protocols and procedures that are now and have long been in place regarding this subject. We are in constant contact with local authorities and experts in the field and upgrade our protocols when necessary. A review of the attached flowchart will enlighten the public to the model we’ve developed and hopefully promote a thoughtful dialogue to improve the public’s awareness and assistance in tragic matters such as these.

Who is the Halachic Advisory Board?

In 2001, in response to three horrific instances of sexual abuse in our community, the Halachic Advisory Board (HAB), a group consisting of Rabbinic leaders representing the broader Orthodox Jewish community, made a groundbreaking decision. Since their inception, they have sensitively provided support, security and resources to victims of abuse. They have undergone numerous training sessions from experts in the field and have trained groups around the country. In situations where victims of abuse were unable to be protected by law enforcement, HAB continued its work to find ways to protect victims, families and communities.

HAB would quite literally go beyond the letter of the law, to protect victims, families and communities.

Why would a victim not be protected by law enforcement?

In many circumstances including where mandated by law, cases brought to the HAB are directed to legal authorities as appropriate and/or required by law. In order for authorities to protect a victim or prosecute an offender – charges must be filed.

If a family chooses not to file a police report, there is nothing law enforcement can do to help them.

If an act is not legally deemed criminal, there is nothing law enforcement can do to keep someone from causing more harm.

Is anything done to protect a victim who cannot or will not make a report?

HAB offers assistance and support in situations to people when law enforcement cannot. In these situations:

• The Offender must agree to engage in a comprehensive sex offender evaluation from a credentialed agency.
• The Offender must sign a release so sex offender evaluation and treatment recommendations of the experts are provided to the HAB Team.
• Any recommendations provided by the experts involved are facilitated by HAB so that there is compliance and follow up with all treatment and other recommendations.

What are the legal issues involved?

In a nutshell, these cases involve various legal principles, some of which conflict:

Most States, and especially California, have detailed laws surrounding a privilege of confidentiality that arises out of the physician-patient, psychotherapist-patient, and rabbi-congregant relationship. In some situations, HIPAA rules apply. In addition, licensing Boards are very protective of patients. Interestingly, these protections not only obviously apply to abuse victims; they may also serve to protect abusers. Abusers may also insist on confidentiality as a condition to submitting to analysis and treatment.

In circumstances where the victim insists, for understandable reasons, on secrecy and identity protection, the Federal and State constitutions provide protection to Offenders (called the right of confrontation). This right effectively prevents the Police, Rabbonim and all others from accusing the alleged Offender. The Offender must have the right to face his/her accuser and the right to challenge the allegations.

• State slander and libel laws make an accuser liable for compensatory claims if they cannot prove the truth of the accusation. Such proof of truth becomes impossible where the identity of the abused must be protected and not be disclosed or where the accuser does not know the identity of the abused.

HAB has achieved extraordinary success over the decades in combating abuse. Those of us who are and have been involved everyday with these significant, heart wrenching issues have devoted our lives to helping people rebuild after abuse occurs. Working together with authorities and experts of all segments of the community, as well as using our contacts nationally and internationally, we can prevent abuse and create a safer environment for all of us.

Testimonial from Police

“As the supervisor in charge of the Los Angeles Police Department’s Operation West Bureau Sexual Assault Detail, I have interacted with the rabbinical council on a number of occasions regarding allegations of sexual abuse brought to their attention by those they serve. I always found them to be anxious to seek proper guidance and willing to follow through on a discussed and suggested course of action. They were always open and concerned with doing the right thing, never holding back information or shying away from difficult situations, even if moving beyond their comfort zone in order to provide the best resolution to a situation. It is rare to find this kind of ongoing relationship of mutual trust and respect between law enforcement and a religious hierarchy. I was both personally honored and professionally privileged to work with these fine individuals.”

Paul Bishop, Supervisor (currently retired) LAPD West Bureau Sexual Assault Detail

[signed] Halachic Advisory Board

HaRav Shmuel haLevi Wosner Zatzal - a brief eulogy

Guest post by Eddie

We are told that Moshe Rabbeinu was the most humble person that lived. This is the same Moshe Rabbeinu who was the greatest Navi, who received the Torah on Har Sinai, and spoke to Hashem “Face to Face” as the Torah describes in the language of men. The quality of Anava, humility should not be confused with lack of greatness.

HaRav Wosner perhaps was one of the greatest poskim, Gedolei Torah, from the previous generation, and yet avoided publicity, newspapers etc, and was not well known in the secular press or the political echelons of Israel. He showed true humility, and all the time had great Torah knowledge and engaged in complex piskei halacha. [The equation of Anava with avoidance of politics does not imply that other gedolim who are more involved in “politics” lack Anava].

Rav Wosner was born over a century ago in Vienna, and studied in yeshivot before moving to Eretz Yisroel before the war. On the advice of gedolim in Israel, including the Chazon Ish, R' Isser Zalman Meltzer and Rav Herzog, he set up Yeshiva Chochmei Lublin – named after the Yeshiva he studied at in Lublin. He was a member of the Eda haCharedit, but was a leader for all sectors of Klal Yisrael, and was respected across the frum spectrum.

Some people are fortunate to know Gedolei Torah personally, but not everyone has this zchus. However, sometimes there are other routes to appreciating Torah leaders, for example in seeing the weight of their Haskomos on sefarim, or their piskei halacha. This was how I came to know of R' Wosner z'tl. His Beit Din Tzedek was – as far as I am aware – one of the most reliable and respected Batei Din. A story is told where a dispute between a Chatan and Kallah was brought to this BD. The Kallah asked R' Wosner for a blessing, whereupon he turned around and asked her to bless him!

Yeshayahu Hanavi (ch.65) speaks of the day when there will be no more weeping heard in Jerusalem, and that even ordinary men will live to 100 years. Although those days have not yet come, we see that Gedolei Torah are more frequently living to more than 100 years. Sadly we have to weep for the loss of great men, and also for the tragedy that occurred at that Levaya. May the Torah and the memory of the righteous guide us and all of Israel.