Wednesday, May 4, 2016

Supreme Court: Retry shopkeepers convicted of sexual assault


The Supreme Court on Monday ordered a retrial for two Jaffa flea market shopkeepers convicted of sexually assaulting a 25-year-old American tourist three years ago.

The three-justice panel of Yoram Danziger, Neal Hendel and Uri Shoham ruled that since only one of the three Tel Aviv District Court judges who convicted the shop owners had heard the tourist’s testimony, it had been illegal for them to render a verdict.

In June 2013, the woman was sexually assaulted at a store in the flea market by Avraham Shamian, 39, and Shimon Rachmani, 44. In April 2015, Shamian, of Ra’anana, was sentenced to four and a half years in prison, while Rachmani, of Holon, was given eight months. Their sentence was frozen pending an appeal.

According to the indictment, the woman came to the flea market on a Monday afternoon – when the area is crowded with shoppers – and entered a store. She chose a ring, the indictment said, and gave Shamian NIS 200. The storekeeper refused to give her change, and suggested she buy more jewelry.

Next, noted the indictment, the owner brought her into a corner of the store and assaulted her, while threatening her. Shamian then told the tourist he was leaving briefly, and that if she tried to flee it would be “suicide” for her.

Afraid to leave, she remained. Upon his return, Shamian again raped and sexually assaulted her, the indictment stated. [...]

Lawsuit: New Haven Rabbi Sexually Assaulted Teen


In a federal lawsuit filed Tuesday, a New Jersey man accuses a prominent rabbi from New Haven of repeatedly sexually assaulting him when he was a teenager.

The target of the allegation is Rabbi Daniel Greer, a well-known member of the Orthodox Jewish community in New Haven and a former member of the city's board of police commissioners and governor's commission on school choice. The suit was filed electronically in U.S. District Court in Bridgeport Tuesday morning, a court clerk said.

The suit names as co-defendants two schools run by the rabbi, Yeshiva of New Haven, Inc. and The Gan School, Inc. It accused the schools of "allowing the violent sexual abuse to continue unabated for years."

It alleges that Greer sexually abused another male student as well. [...]

William Ward, Greer's attorney, said he hadn't seen the lawsuit and couldn't address the specific allegations. But he questioned the plaintiff's motives and the delay in bringing forward his allegations.

"It only takes a moment to make allegations with despicable indifference to the consequences of the damage they would cause to my client, to his family and to his reputation that he spent a lifetime building in this community. This is a difficult time for my client and his family, but I would remind the public to ask for evidence before rushing to judgment."

"Ask yourself why [the plaintiff] would wait 14 years. Ask yourself why [the plaintiff] well into his adulthood, repeatedly honored the man he accuses." He has repeatedly said the rabbi helped him personally in several ways, Ward said.

"Ask yourself why [the plaintiff] himself an Orthodox Jew, would not seek redress in the form of a rabbinical arbitration court. Finally, ask yourself why [the plaintiff's] first stop was his lawyer's office to seek money." [...]

Statutory joint custody - Is it a good idea?


In many states, the default custody arrangement is 50/50 physical and legal custody. Both parents have equal time and input with the children, and the children thrive with two active, fully involved, loving parents. The children used to live with both parents in one house all the time before the divorce, and now after the divorce they continue to live with both parents half and half. It minimizes the trauma of the divorce on the children, and makes the divorce easier and less stressful.

Unfortunately, New York state is still locked on some old middle-age belief, that the default custody should be with the mother. This is based on the belief that the mother stays home all day and is always available to care for the children, and the father works out of the home from morning till night and is unavailable to care for the children. In modern age, the same percentage of men and women work out of home, and the same percentage work from home or don't work. Fathers and mothers are both available at home, or both use babysitters the same way.

The current belief and practice in New York State causes the situation that one parent receives full custody and the other parent is thrown out of the children's life, and is only allowed some visits as a stranger. This causes tremendous emotional damage to the children. Their life is shattered, they lost a parent; and whether he/she is allowed visits or not, it will never be the same again.

This situation in New York State also adds so much stress to the divorce process, because every parent has to fight for his life. People spend millions for attorneys, use false allegations, go to appellate court, and engage in constant litigation. The court is obligated to provide 18B attorneys, forensic experts, and the judges must spend thousands of hours on each case, and all this costs the state billions of dollars, on the tax-payer's expense.

With one simple modification of the law, everything will fall into place. Like many states already ruled, the default law should be: 50/50 physical and legal custody to both parents. This will make the children's life happy and calm. This will also save billions of dollars for the state. If a parent wishes to take away the other parent's rights, he/she will be obligated to pay for the forensic expert and for the other parent's lawyer. This will minimize the stress and will eliminate false allegations.  

My view is that such an arrangement is ideal - but that there are many families where it is not a good idea. I found an article on Huffington Post which articulates my feelings on the matter. In addition it is conceivable that such a law would increase false allegations in many cases against a spouse to counter the reality of joint custody. I would prefer a preference for joint custody as the starting point - but leave it up to the court to decide whether it is appropriate in each case.


Equal Child Custody Revisited

Several months ago I submitted a blog entitled “Why Equal Child Custody Should Not Be Presumed.” It is accessible on the Huffington Post Divorce Website in permanent archives. In that blog I stated that one size does not fit all and that I believed the statutory policy requiring 50/50 equal custody should not be the law.

I have received some comments where people have been very upset over my position.

In the state of Michigan where I practice there have been proposals in the legislature to have the statutory presumption for joint, equal, physical custody. The law has not been passed as of this date.

The general view of the attorneys who specialize in family law is that one size does not fit all. The view is that custody and parenting time should be decided on a case by case basis without a mandate or rebuttable presumption.

There clearly is a trend in Michigan and elsewhere towards a sharing of custodial arrangements.

There is also a trend to get away from some of the arguments over semantics. In Michigan there is a presumption favoring joint legal custody, which means that in almost every case the parents are to share in any major decision making consistent with the best interests of their children. This covers medical issues, school related issues, religious issues, and extracurricular activities by way of example.

I also feel that we are too hung up on semantics. A lot of battles are over physical custody. In many of my cases I don’t even use the terms physical custody, whether it is sole physical, primary physical, or joint physical. We will simply say that there is to be joint legal custody with a shared decision making arrangement and then set forth a parenting time schedule which is what visitation is called for the simple reason that both parents are parenting when they are with the children and not visiting. [...]

The angry responses that I have received to the blog were that attorneys just want to litigate and that the clients are being hurt. The truth of the matter is that where two people can agree then a shared custodial arrangement is clearly going to work and is clearly in the best interests of the minor children.

Let’s look at the scenario where we have a high conflict divorce where each parent cannot agree on anything. One will say it is raining, the other will say it is not. One parent will say it is midnight; the other will say it is morning. I have had many cases like this and even if there were a presumption by statute favoring joint physical custody, these are the cases where the litigation would continue. These are the cases where there would not necessarily be joint physical custody. Do I believe that joint physical custody makes sense? Do I believe that there should be a sharing of the children as much as possible? Absolutely [...]

On the other hand, I believe that there are cases where it just will not work. I have found over the years, that in most cases where parents get along and there is not high conflict, there can be a very easy relationship where the children, especially teenage children, can go back and forth between each home. This works, and makes sense.

On the other hand, in most cases where there is a high conflict, whether because of anger, bitterness, domestic violence, abuse, or perhaps mental illness, these are the situations where every detail has to be spelled out. Every day has to be spelled out; the hours of pick up and drop off have to be spelled out. These are the cases where joint physical custody too often will not work. Where the parents cannot communicate at all, everything has to be detailed so there is no room for argument. [...]

Although I may be antagonizing some people I stick to the views of my prior blog. While I believe joint physical custody makes sense in the majority of cases, it does not make sense in every case. I do not believe that it should be statutorily mandated. Every case is different. The key again is not what is best for the parent; it is what is in the best interests of the children. Most states have best interests of the child or children in their custody statutes and this is what is to be followed.

Tuesday, May 3, 2016

SHATTERED by Amudim Community Resources - Watch. Listen. Learn. Share.

The following video was sent to me by Tzvi Gluck of Amudim



Why Jewish leaders want abusers to pay: The Torah tells us it is never too late to pursue justice

 update   Arutz 7

Orthodox activists ask NY to change sex abuse reporting laws

Activists and victims to lobby New York's state capital demanding statute of limitations be lifted for child sex abuse.
 
Advocates for sexual abuse victims in the Orthodox Jewish community will be descending on New York's state capital on May 3 to lobby the legislature to eliminate the statute of limitations for child sex abuse offenses. A bill to change the statute of limitations has languished for years in a state legislative committee committee, due in large part to opposition from the Catholic Church and Agudath Israel of America.
The bill, known as the Child Victims Act, would "completely eliminate the civil statute of limitations for child sex abuse offenses in the future," according to SOL Reform, an advocacy group that is sponsoring a series of panels and news conferences May 3 and 4.
It would also suspend the civil statute of limitations for one year, during which time the accuser could bring a civil lawsuit against a private educational organization no matter how far back the alleged abuse dates.
While the bill passed the New York State Assembly, it has been blocked in the State Senate in the decade since it was introduced.
 

 =====================================

 update to update: The comment below was not written by Zvi Gluck of Amudim nor was it meant to convey the message that abusers should not be reported to the police or that abusers should not go to jail.

update: just received the following critical comment against this article for publication from someone who deals the child abuse and its consequences on a regular basis
==============================
I was, and still am, opposed completely to the proposed Markey Law in NYS. It would have satisfied only the senseless, bloodthirsty fanatics who call themselves advocates, and falsely claim to save neshamos.  That law would have accomplished nothing.

For abuse, there is a built in limitation, called time.  Once at a certain point in time, presenting evidence becomes difficult, if not close to impossible.  No one can be blamed for that – it is part of the creation that HKB”H fashioned.  Even memories become less reliable, and may not be enough to convict.  Yes, Hashem created a metziyus that would prevent someone from being charged and convicted.  No legislature needs to make that into law, and those that do are blasphemous in trying to claim the metziyus for themselves.

There is, yet, another factor that must be considered.  The role of publicity.  Today, if someone makes a claim publicly against someone, it is not even tried in the court of public opinion, it is granted automatic conviction.  That has been exploited by the “advocates” who are obsessed with destroying people.  I count myself among those who are comfortable with exiling pedophiles to a child free island.  If they expire there, there is rarely a loss for mankind. I am not nice about that.

But the ease with which someone’s life can be destroyed is not okay. The advocates are drunk with glee when there is an accusation to make.  No investigation, no verification.  And, yes, there are plenty of false claims.  I have encountered plenty of them.  It is not uncommon for parents to create the claim, when the children never suggested it.  I don’t know percentages, and frankly do not care. False claims If we allow falsehood to become part of law, it trashes the credibility of the truth.

My two cents. I do not think this should get published.Simple reason – it will trigger the “advocates”, and this will divert the thread into a war.

There is a new organization called Amudim.  For a change, it is dedicated to the welfare of the child, assisting in multiple ways. There is no focus on the media.  It is a welcome (sadly needed) service to Klal Yisroel.

===================================

NY Daily News

The famous joke goes: two Jews, three opinions. Yet last week, more than 100 Jewish leaders from across the religious and ideological divides came together, with one voice, to declare their support for statute of limitations reform for child abuse victims in New York State.

Why statute of limitations reform, and why are Jewish leaders lining up behind this bill? Because it’s our obligation as men and women of faith who purport to help people heal. And it is, I believe, our obligation as followers of the God of Abraham, Isaac and Jacob.

After decades of denial, cover-ups and darkness, the light is finally shining on the scourge of child sexual abuse. Today, we better understand the high rate of its prevalence, the lasting and far-reaching damage caused by abusers, and the extreme difficulty survivors face in coming forward and seek justice. Tragically, New York State’s regressive laws prevent many victims from getting the justice they deserve and from stopping abusers from causing more harm.

While mental health experts have shown that it can take decades for a victim of child sexual abuse to overcome the fear, shame and trauma of abuse and come forward, our statutes allow someone to pursue criminal or civil justice only until the victim turns 23.

As a rabbi, I have met people in their 40s, 50s and 60s who are only now coming to grips with what happened to them as children, and only now able to come forward. New York law fails these victims by giving a victim only five years from the time they enter adulthood to act.

New York state has been ranked among the very worst, alongside Mississippi, Alabama and Michigan, for how the courts and criminal justice system treat survivors of child sex abuse.[...]

Agudath Israel: Stop Blocking Passage of Child Victims Act







We respectfully join in writing to you regarding the Child Victims Act and to express our grave concerns for child safety given Agudath Israel's past and current dangerous actions. 
The Child Victims Act, also known as the Markey Bill, sponsored by Assemblywoman Margaret Markey (D-Queens) seeks to eliminate time limits in criminal and civil cases of child sexual abuse. 
New York's archaic statute of limitations sharply limits the time victims have to bring charges against a molester. A victim must come forward within five years after the age of 18 to bring criminal or civil charges against their abuser or any agency or organization that should have reported the crime.
Given the emotional and psychological devastation that victims of child sexual abuse endure they are often slow to come to grips with their past. Some are unable to do so until middle age or even later in life but certainly not before the age of 23. Furthermore, in our religious communities, this critical age (18-23) is a time when young people are seeking a suitable spouse (shiduchim) creating an especially vulnerable situation where victims of abuse may be reticent to come forward with charges regarding the abuse suffered. Thusly, New York's current statute of limitations supported by Agudath Israel protects predators and those who shield them, while often denying justice to their victims.
The passage of the Child Victims Act is not only essential for the healing of past victims; it is crucial in ensuring the safety of other children. Many studies indicate that sex offenders will victimize on average over 100 individuals over the course of their lives. This bill intends to suppress this frightening statistic and prevent further harm from being perpetrated towards new victims.
It has been recently reported in Newsweek and NY Daily News that Agudath Israel has teamed up with the Catholic Church, an institution infamous for covering up child sexual abuse, to aggressively lobby against the passage of the Markey Bill on numerous occasions over the last decade.  
Furthermore, this April the NY Daily News reported that Agudath Israel is currently opposed to any civil or criminal changes in the law in NY, fearing a flood of lawsuits. A sexual abuse insurance policy can be purchased by institutions to aid against any lawsuits that may arise. However, it ought to be of prime importance to support the victims rather than the perpetrators of heinous crimes. 
Currently, the Child Victims Act being considered is comprised of two separate bills - one eliminating statute of limitations for criminal cases and one addressing civil cases. We urge you to support passage of the Markey Bill in its entirety or at least the passage of the criminal bill. If these steps require moral courage not yet gained, at the very least cease from lobbying against this Act that can prevent child sexual abuse and save countless precious lives.
In closing, in line with the Torah's commandment in Leviticus 19:16, admonishing Jews to “not stand by while your neighbor’s blood is being shed,” we respectfully urge you to do all in your power to deter abusers and prevent harm from being perpetrated towards our children.
Thank you and respectfully,
This petition will be delivered to:
  • Executive Vice President, Agudath Israel of America




  • Rabbi David Zwiebel
  • Chairman of the Board, Agudath Israel of America




  • Mr. Sol Werdiger
  • Chairman Emeritus, Agudath Israel of America




  • Rabbi Gedaliah Weinberger








Monday, May 2, 2016

How a community of Columbian Catholics decided that they wanted to be Jews



René and Juan Carlos set out to convert their Colombian megachurch to Orthodox Judaism. This is what happened.

In 1998, the Colombian government reported that 3,800 young men had died violently in Bello during the previous decade. The finding prodded authorities to show that they were doing something to address the problem. A young psychologist went to the mayor with a proposal: Gather Bello’s worst and best and send them to the Negev Desert in Israel, far away from their violent environment. Then: instant resocialization. The mayor liked the idea and recruited youth leaders, among them René and the feuding bosses

René spent the first half of the trip as Fredy’s roommate, the second half as Marcelino’s. The group played soccer, drank beer, and talked about their lives while sitting by the light of a bonfire in the desert. By the end, Fredy and El Negro shook hands, and René immersed them in the Jordan River to signal their rebirth. Just before they headed home, the sicarios warned René and the others: If they told anyone what had been said by the fire, they’d be dead men. [...]

The same year René went to Israel, Juan Carlos and Puerta were invited to France to tour Pentecostal churches for a month. The French Pentecostal movement was small. Its leaders looked to Latin American pastors for inspiration. It was Juan Carlos’s first trip to the First World. Grateful and impressed, the French organizers presented the pastors with a ten-day trip to Israel.

The two arrived for the Jewish holiday of Sukkot, which evangelicals celebrate as the Feast of Tabernacles. They toured the major Christian sites: the Church of the Holy Sepulchre, the Mount of Olives, the Church of the Transfiguration. They were captivated by the landscape; the setting of the biblical tales came alive for them. But nothing impressed them more than a Feast of Tabernacles festival organized by Messianic Jews. [...

Juan Carlos was watching a new kind of evangelical in action. Messianic Jews were Christians who claimed a Jewish identity. They wore traditional religious Jewish garments, such as kippot, or skullcaps, and tzitzit, the knotted tassels of thread that symbolize the commandments. They called their pastors rabbis. This was Judaism with Jesus Christ in it. The Colombians were mesmerized. In their Pentecostal interpretation of the Bible, love for Israel and the Jews earned special blessings. They had read, for instance, in Numbers 6:27, “And they shall put my name upon the children of Israel; and I will bless them.” The Messianic Jews were opening the door to a more profound connection with the Jewish people. [...]

His experience in Israel was all he could think about. What he had seen there felt closer to the truth. He slowly steered the Iglesia Cristiana para la Familia toward Messianism, changing the title of pastor to rabbi, persuading men to wear kippot and tzitzit, emphasizing the Jewishness of Jesus, the idea that Jesus had been a rabbi himself. The more he did this, though, the more he questioned the dogma of Jesus as the Messiah. If Jesus had been just a rabbi, then how could he be the son of God?

In early 2004, Juan Carlos returned to Jerusalem with Puerta. They stood by the Wailing Wall and searched for Orthodox rabbis who spoke Spanish. When they found a few, the pastors pummeled them with questions. How do you explain the Jewish Messiah? Why did the Jews not accept Jesus? How do you interpret the Messianic prophecies? Was the Messiah God? Was he man?

Juan Carlos was impressed by these rabbis and their answers. They were nothing like the pastors he had known. [...] Juan Carlos went back to Bello a converted man. Puerta agreed: Messianism was a meaningless hybrid. They had to embrace Judaism. If the congregation would not accept such a radical course, Juan Carlos was ready to leave and start over</ Puerta tried to slow him down, but Juan Carlos felt that waiting was dishonest. In the first assembly upon their return, before 3,000 faithful, he took responsibility for what he’d done. He had lied. He had exploited their needs and hopes. He had failed as a pastor. And the ultimate lie was Jesus himself: He was not a god; he was not the Messiah. Juan Carlos did not believe in him anymore. [...]Most of its members left to find a new church or abandoned religion altogether. Yet, to Juan Carlos’s surprise, 600 parishioners declared that they trusted him and would follow him into Judaism. Among them was René.

But how to be a Jew?

Juan Carlos had no idea. Neither did René.[...]With the sole guidance of books, Juan Carlos introduced the most critical changes to the congregation: Shabbat, kashrut (dietary restrictions), and circumcision. Members stopped working on Saturdays, though for months they continued to play music, take photographs, and pursue a number of activities that were prohibited. Pork and shellfish were banned; meat and milk were no longer mixed.[...]


It took four years, until 2009, to complete a process that was as much “Christian detoxification,” in René’s words, as it was Judaization. Most found it impossible. Of the 600 original aspiring Jews, only 200 remained. Garrandes introduced them to Moshe Ohana, an Orthodox Moroccan rabbi and a kabbalist also based in Miami. He was willing to convert them. Ohana asked the community to pay his fee in dollars for each conversion as well as cover his expenses. The congregants raised the money once again and paid, as they had paid for everything else: airplane tickets and lodging for rabbis, books, the Sefer Torah, kosher food, circumcisions. It turned out that becoming Jewish was expensive.  [...]

After two failed rabbis, Elad decided to do what he had always done when faced with a challenge: take on the job himself. The opportunity presented itself when David and Yitzhak Goldstein, two ultra-Orthodox Israeli rabbis, arrived at the synagogue in late 2012. They were canvassing Colombia in search of young men to bring to Israel as students for Diaspora Yeshiva, the Torah studies center they owned in Jerusalem. “My interest is to fill up Israel with Jewish people who identify themselves with the State of Israel as a Jewish state and Torah as their religion,” Yitzhak Goldstein says. He and his brother were looking at South America as a new “market.”

Becoming a rabbi usually requires five years and fluency in Hebrew, but the Goldsteins told Elad he would only have to attend for a minimum of two years and could study primarily in Spanish. Elad, who by then was married and the father of two children, replied he could not abandon his family and congregation for such a long period. He needed to complete everything in one year. The Goldsteins agreed. After ten months of little sleep, two meals a day, and sharing a small room with eight other students, Elad returned to Medellín in December 2013 with a rabbinical title.[...]

A decade into their Jewish lives, the converts of Bello were at the center of a larger story. Millions through­out Latin America have abandoned Catholicism, the faith of their parents. For almost 500 years, the church had maintained a monopoly on their souls. In the 1960s, 90 percent of the population was Catholic. That figure has now dropped to 69 percent. Most of the apostates moved toward evangelicalism, but a smaller, less visible cohort chose Judaism.

The Jews of Bello are the best organized, but they are not the only group that has transitioned from Catholicism to evangelicalism to Judaism. There are at least 60 such communities at different stages of conversion in Mexico, Guatemala, Honduras, Nicaragua, Costa Rica, El Salvador, the Dominican Republic, Venezuela, Ecuador, Peru, Brazil, Chile, and Bolivia. Even in Colombia, Bello is not unique. Thirty similar communities have emerged across the country. Some are just starting; others have been practicing for years.[...]

In his desire to immigrate, Shlomo found an ally in Shavei Israel, a controversial right-wing organization best known for sponsoring the migration to Israel of the Bnei Menashe, a group from northeast India who claim to be descended from one of the ten lost tribes of Israel. Shavei Israel is an advocate for a Greater Israel, the belief that the West Bank and Gaza are part of the State of Israel by divine right.

Michael Freund, Shavei Israel’s founder and director, is an Orthodox Jew who was raised on New York’s Upper East Side and moved to Israel in 1995. Less than two years later, he became deputy communications director in Binyamin Netanyahu’s first administration. It was during his tenure that he discovered the Bnei Menashe and became the main champion of the dispersed Jews of the world — not only the alleged descendants of the lost tribes but all sorts of hidden Jews, former Jews, and wannabe Jews — helping several thousand to become Israelis.

He had no interest in Colombia until Shavei Israel’s educational director came back from touring Latin America in 2013 with news that tens of thousands from the region wanted to migrate. This got Freund’s attention. He sent a rabbi to Colombia to live in Bello and the other new communities. The rabbi spent months preparing a list of candidates for migration. Shlomo was at the top. He was one of the most articulate and experienced among the converts, and with his street smarts, the rabbi concluded, he would have no problem adapting to Israel. [...]

Shlomo was unaware of the complex efforts required to get him to Israel. The Chief Rabbinate’s intransigence had turned the Jewish Agency into Shavei Israel’s unexpected ally. The agency was considering bypassing the Chief Rabbinate’s authority and establishing an independent Orthodox rabbinical court to perform conversions overseas. In order to “test the waters,” as one person put it, the agency approved a handful of Orthodox overseas conversions not sanctioned by the Chief Rabbinate. Shlomo and his family were part of the group. Not long after, the agency went ahead and approved the creation of the new Orthodox rabbinical court. Reacting as if war had been declared, the Chief Rabbinate made it known that the conversions would not be recognized. [...]

A Palestinian tanker truck turned over Friday - Palestinian drivers also kill Palestinians

YNET

Five Palestinians were killed on Friday, when a tanker truck flipped over on Highway 35 north of Hebron, and collided with another vehicle. Both automobiles also caught fire.

Thursday, April 28, 2016

Binah Magazine writer criticizes the view that authority must not be questioned - even if corrupt and against halacha

I just came across the letters section in the current Binah magazine. It clearly is relevant to the Kaminetsky- Greenblatt Heter for Tamar Epstein. A reader strongly attacks  Binah for publishing a story in which the school principal was corrupt and did things against the Torah - and the heroine was the school secretary who obtained guidance from her rav how to deal with it. This reader's point  being that one does not raise the possibility in students minds that the principal can make mistakes that one needs to do something about it. Furthermore she asserts that it is
wrong to question the system - but rather we must ignore these
corrupt deviations.[disclaimer - I did not read the story]. I was very impressed by the response of the story's writer - and for Binah for publishing the original story and the author's response presented below.
==================================================
Sara Wiederblank responds:

Dear Fellow Teacher,

I am glad to have this opportunity to discuss my intentions when writing The Secretary. The point I was trying to make is this: When
someone in authority fails to live up to his or her sacred charge, what are the bystanders to do? For some of those among us who have experienced the tragedy of failed leadership, the trauma of these discoveries is so great that they are left doubting the entire system. This serial was intended to show the responsibilities and potential of the average bystander, and also to demonstrate that when the halachic process is followed, the community's good can be served and we can all emerge from the experience whole and proud. 
 You claim that what the principal did was "quite minor" and perhaps "grossly blown out of proportion." I disagree. Lifnei iver lo siten michshol charges an advisor to only provide advice that is in the best interests of the seeker. Mrs. Hertzberg failed to do that most egregiously. Not only was she swayed by her own negios, she actively lied to pursue her own agenda. This is unacceptable in a leader and is not mitigated by her many years of outstanding service.

In fact, the Torah warns us against the likelihood that we will be hesitant to approach wayward leaders because of their history of impeccable service. In the topic of navi sheker, the false prophet, the Torah warns us not to be swayed by the man's Illustrious history of prophecy (see Ohr  Hachaim on Devarim 13:3).

Moreover, I take issue with your claim that it is terrible to allow the possibility for students to ever question authority.

I agree with your concern that people might rush to issue such judgments on their own educational leaders. This is a legitimate concern that I have kept in mind throughout writing this serial, and because of its seriousness I worked in close consultation with Binah's content director.

I hope that no one uses this story as an excuse to declare open hunting season on their own mechanchos. However, that concern is one side of a coin; the other side is passively standing by while corruption rules. That, too, is a tragic situation that this serial addresses.

You suggest that the goal of the serial was to please people who would think, "Good! Finally someone is putting the principal in her place." I certainly hope that there weren't many readers who felt this way. Indeed, I have gotten a lot of feedback from people who sympathized with Mrs. Hertzberg, and realized that she was not an evil person, merely a complex person with a mixture of good and bad, as most of us are. She is not a villain whom we rejoiced in trouncing. However, she  needed to be checked - and she was.

You also claim that going to the Rav was inappropriate and made the situation a bigger deal than was necessary. However, Ariella behaved correctly. Lo saamod al dam rei'acha demands that if you see something, you say something, to the appropriate  party, as Ariella did, 

I would like our readership to be aware that Ariella's actions were guided by my consultation with two Rabbanim, and Rabbi Eisen's response was based on their explanations of how a Torah leader should handle claims such as Ariella's. I included his detailed explanation to show readers that this is a Torah matter and has to be handled by daas Torah.
Certainly, Rabbi Eisen acknowledged the possibility that nothing untoward happened - this was no witch hunt - but the Torah demanded that he properly investigate, to avoid innocent people being hurt , I don't see how going to a Rav with a serious concern could ever it be construed as "over-responding"': it is the responsible thing for a Torah Jew to do when faced potentially serious concern.
The fact that Ariella is the heroine of this story should not detract from the daily heroism of our teachers and principals. To point to one failed leader is not to condemn them all. Is is because we so revere our leaders that we need guidance as to live with the possiblity that one of their members is perhaps not what we had hoped.
 
May we always maintain our respect for our leaders, and maintain our discernment for retzon Hashem 

Sincerely,
Sara Wiederblank

Mindfulness therapy works as well as anti-depressant drugs, major new study finds


Therapy based on the controversial concept of ‘mindfulness’ works as well as some anti-depressant drugs, according to a major new study.

Inspired in part by Buddhist philosophy, mindfulness involves training the brain to deal with negative emotions using techniques such as meditation, breathing exercises and yoga.

Some critics have claimed mindfulness techniques can bring on panic attacks and lead to paranoia, delusions or depression.

But the new study – the largest-ever analysis of research on the subject - found mindfulness-based cognitive therapy (MBCT) helped people just as much as commonly prescribed anti-depressant drugs and that there was no evidence of any harmful effects.

People suffering from depression who received MBCT were 31 per cent less likely to suffer a relapse during the next 60 weeks, the researchers reported in a paper in the journal JAMA Psychiatry.

House committee votes to require women to register for draft


The House Armed Services Committee approved a measure Wednesday requiring women to register for the military draft, a move that comes just a few months after the Defense Department lifted all gender-based restrictions on front-line combat units.

In a twist that presages how contentious further debate may be, the author of the amendment voted against his own measure. It passed the committee by a vote of 32-30.

Rep. Duncan Hunter, R-Calif., a former Marine who served three combat tours in Iraq and Afghanistan, doesn’t support drafting women into combat and he’s opposed to opening infantry and special operations positions to women. He said he offered the measure to trigger a discussion about how the Pentagon’s decision in December to rescind gender restrictions on military service failed to consider whether the exclusion on drafting women also should be lifted. [...]

Rep. Jackie Speier, D-Calif., said she supported Hunter’s measure.

“I actually think if we want equality in this country, if we want women to be treated precisely like men are treated and that they should not be discriminated against, we should be willing to support a universal conscription,” she said. [...]

Hunter’s amendment will be included in the defense policy bill that authorizes the defense budget for the fiscal year that begins Oct. 1. The full House will take up the bill soon.

Wednesday, April 27, 2016

Pesach- Acharie Mot 76 – Aaron and the 4 Keys of Well-Being by Allan Katz



For some, happiness and well-being is a goal in life. For Torah Jews, this is in a sense a preoccupation with the ' self' and that happiness and well-being should rather be viewed as a vehicle for becoming greater, kinder and more compassionate human beings. Dr Richard Davidson says that neuroscientists show that we can change our brains –due to the plasticity of the brain – by creating more, new and stronger neural circuits by using the keys or skills for well- being in a deep and emotional way. The 4 keys are Resilience, Outlook, Attention and Generosity. It seems that Aaron the High Priest is the Torah's role model for these well-being keys.

Resilience – Resilience is the rapidity with which people recover from adversity. People who show a more rapid recovery in key neural circuits have higher levels of well-being. The problem is that our brains have a negativity bias to cope with threats and avoid danger. The brain sucks in negative interactions and their impact on the brain is said to be 5 times more powerful than positive experiences. We don't only suffer from negative experiences, but we tend to self –inflict, brood over it for the rest of the day, becoming more negativistic, stressed out, depressive, pessimistic and self- critical. Self-compassion is a skill that helps people recover and get back on track. People who see mistakes, falling and failure as opportunities for growth turn these negative experiences into positive experiences and when they repent and do Teshuva they can transform negative actions into positive actions. Aaron lost his 2 sons during the inauguration ceremony of the Tabernacle. Moses consoled Aaron and Aaron's response was to accept the Divine decree and remain silent- וידם אהרן. In order to deal with painful situations, we have to first accept the new reality. This liberates us emotionally – and instead of fighting reality, we are now in a position to be creative in handling the new situation.

Outlook – This refers to the ability to see the positive in others, their innate basic goodness, the positive side of situations and events and the ability to take positive facts and convert them into deep emotional experiences which people savor and enjoy. We also see the ' hidden miracles ' in our personal and national worlds as the Ramban explains – the great and open miracles particularly those from the exodus from Egypt teach us to look for the hidden miracles in our lives. Aaron had a compassionate approach to people. He had the ability to see the good in each person, convey it to others and also ascribe more positive attributes and motives to people's negative actions. In this way, he was able to resolve conflict, make peace between people and in this way he engaged people during Golden calf episode.

Attention. A wandering mind is an unhappy mind. Instead of being mindful, connected and attentive, a large amount of people's waking life is spent not paying attention, going through physical motions in an automatic way, doing things just to get something else - reach a milestone or pass a test as there is nothing intrinsically valuable in what we are doing, and therefore we are not connected to what we are doing etc.,. The Mitzvoth we do become – מצוות אנשים מלומדה - without any emotional input, automatic and in a rote manner. When it comes to our personal interactions we should focus on deep listening and being present with the other person, and also read their non-verbal messages. Paying attention and being mindful are skills that were never taught to people. But what makes the situation worse is routine and doing things out of habit. Aaron is warned – ואל יבוא בכל עת אל הקודש – not to enter the Holy of Holies on Yom Kippur at all times of the day but only when he carries out the sacrificial service of the day. The Divine spirit rests there and Aaron should not make entering there, a habit, but be mindful of the holiness of the place and the presence of the Divine spirit. The same idea is expressed by the commandment that on the festivals people should not leave temple using the gate that they entered the temple. Familiarity breeds contempt if we are not careful to invest in relationships and quality of our actions.

Generosity –When individuals engage in generous and altruistic behavior, they actually activate circuits in the brain that are key to fostering well-being. These circuits get activated in a way that is more enduring than the way they would respond to other positive incentives such as winning a game or earning a prize. The Rambam says something similar -– we experience true joy and happiness, when we act in a generous and altruistic way and have needy people at our festive meals. Aaron not only promoted peaceful relationships between people, but was very generous in the way he approached and received people, which changed their self-worth and self-esteem.

When we interact with our children, we should be aware that we are building the neural circuits for well –being or enhancing neural structures that are negative and aggressive. By giving our kids the 4 well-being keys Resilience, Outlook, Attention and Generosity we are helping them to become better and happier people who are also concerned with the happiness and well-being of others.

Tuesday, April 26, 2016

Investigating child abuse in Chabad schools - The Leonard Lopate Show


Arsenic, rice and your baby’s diet


Ask any mom or dad to name their baby’s first food. The likely answer? Rice cereal. What’s a common go-to “healthy” snack for toddlers and kiddos? Rice cakes.

Yet a growing amount of scientific evidence is pointing to an alarming connection between inorganic arsenic in brown and white rice and harm to children’s immune systems and intellectual development.

Concentrations of arsenic were twice as high in the urine of infants who ate white or brown rice than those who ate no rice, according to research published Monday in JAMA Pediatrics. Arsenic levels were highest in babies who ate rice cereal, often given several times a day to introduce babies to solids.

In April, the FDA proposed a limit of 100 parts per billion of inorganic arsenic in infant rice cereal. That proposal is still in the public comment phase. The European Food Safety Authority has already moved to limit inorganic arsenic in rice products to that level.

“Arsenic is a known carcinogen that can influence risk of cardiovascular, immune and other diseases,” said Margaret Karagas, an epidemiologist who studies the effects of toxic metals at Dartmouth College, and the lead researcher on the new study. “There’s a growing body of evidence that even relatively low levels of exposure can have an adverse impact on young children.” [...]

Arsenic is a natural element found in soil, water and air, with the inorganic form being the most toxic. (“Inorganic” is a chemical term and has nothing to do with the method of farming.) Because rice is grown in water, it is especially good at absorbing inorganic arsenic and, according to the Food and Drug Administration, has the highest concentration of any food. [...]

And in this case, brown and wild rice are the worst offenders, because the bleaching process used to create white rice removes the outer hull, where much of the arsenic concentrates. [...]

Pediatrician Tanya Altmann, author of “What to Feed Your Baby: A Pediatrician’s Guide to the 11 Essential Foods to Guarantee Veggie-Loving, No-Fuss, Healthy-Eating Kids,” said she’s changed her guidance on first foods. She recommends “tossing white rice cereal, as there is little nutritional benefit and it simply primes young palates for a lifetime of eating white carbs, not to mention the arsenic issue, which this study confirms.”

She echoes the advice of the American Academy of Pediatrics, which advises parents to offer a wide variety of foods including grains such as oats, barley, wheat and quinoa.

“Best first foods for infants are avocado, pureed veggies, peanut-butter oatmeal and salmon,” Altmann said. “They all provide important nutrients that babies need, help develop their taste buds to prefer healthy food and may decrease food allergies.”