https://www.nytimes.com/2017/09/12/world/australia/australia-catholic-church-child-abuse.html
By JACQUELINE WILLIAMS
Sept. 12, 2017
MELBOURNE, Australia — A study that examines child sexual abuse worldwide in the Roman Catholic Church has found that the Australian church has done less to safeguard children in its care than its counterparts in similar countries have.
The report, released on Wednesday by the Center for Global Research at the Royal Melbourne Institute of Technology, also found that the church’s requirement that priests be celibate was a major risk factor for abuse. And it said that the possibility of abuse in Catholic residential institutions, like orphanages, should be getting more attention, especially in developing countries.
Experts said the report could put pressure on Pope Francis, and particularly the church in Australia, to do more to prevent abuse. The Australian church was rocked in June when Cardinal George Pell, an Australian who is one of the pope’s top advisers, became the highest-ranking Roman Catholic prelate to be formally charged with sexual offenses.
Desmond Cahill, the report’s lead author, said its findings pointed to an urgent need to rethink the priesthood in the 21st century. A professor of intercultural studies at the Royal Melbourne Institute of Technology, he said the church should reconsider the celibacy requirement for priests.
"The Catholic Church is in a state of crisis, and pressure has to be put on the Holy See to take the necessary steps to change,” Professor Cahill said.
In nearly 400 pages, the report traces the history of child sexual abuse in the global church and tries to identify factors that have contributed to it, with a particular focus on Australia.
Professor Cahill and the report’s co-author, Dr. Peter Wilkinson, a researcher in Catholic culture, are both ordained priests who resigned from church ministry in the 1970s but remain practicing Catholics. Professor Cahill said that while in the ministry, he worked alongside some of Australia’s most abusive priests, but did not realize it until decades later.
“Our backgrounds have allowed us not only to understand in depth the workings of the church in Australia, but also the Holy See in Rome, where we both studied at postgraduate level in pontifical universities,” he said.
The authors acknowledge that the Australian church has made progress in dealing with abuse, particularly in its schools, but the report found that it had “lagged significantly behind other comparable countries in relation to developing safeguarding policies and protocols” to protect children.
For example, the Australian church has not appointed representatives in each parish charged with safeguarding children or provided “safe environment training” to all Catholic employees, the report said.
“Any suggestion that the Catholic Church in Australia has led the way in child protection is not sustainable in face of the initiatives in other countries nor has there been much accountability or evaluation in Australia,” the report said.
Last month, a commission that has been investigating the Australian church’s response to sexual abuse recommended a series of legislative and policy changes, one of which would require priests who are told about sexual abuse in confessions to report it to the authorities.
That proposal began a heated debate, in which Archbishop Denis Hart of Melbourne said he would rather go to jail than violate the confidentiality of the confessional. The report released on Wednesday cites several historical instances in which the church allowed exceptions to that confidentiality requirement.
Professor Cahill and Dr. Wilkinson have been consultants for the Australian commission, the Royal Commission Into Institutional Responses to Child Sexual Abuse. It is due to release the final report from its yearslong inquiry later this year, and is expected to recommend further measures for protecting children.
Dr. Wilkinson said that the Australian church was in dire need of self-examination. He said it was “going nowhere except possibly down.”
“To regain trust, not only within the Catholic community, but trust in the church within the nation, the church has to undertake a metanoia — that’s a complete transformation, a change of heart and culture,” he said.
As the global church’s sex abuse scandal has unfolded, attention has tended to focus on offending priests in parishes, the report by Professor Cahill and Dr. Wilkinson said. But it said a “parallel tragedy” in Catholic residential institutions, like orphanages and boarding schools, was a cause for major concern, especially in the developing world. The church operates more than 9,000 orphanages worldwide.
The report documents patterns of past abuse at such facilities in Australia, where the church no longer runs orphanages, and in other countries, based on inquiries conducted by governments and the church. It concludes that if such trends prevail elsewhere, “one must fear for the safety” of children at Catholic residential institutions.
“The Holy See does not seem to be aware of the issue or chooses to ignore it,” the report said. It singles out India and Italy, where the church operates many residential centers, mainly orphanages.
The celibacy requirement for priests is a “major precipitating risk factor for child sexual abuse,” according to the report. In Eastern Rite churches where priests are allowed to marry, though only before ordination, the “offending rate is low, probably negligible,” the report said.
The Rev. Joseph Palacios, a Catholic priest and sociology professor at the University of Southern California, called the report a “highly professional study” with “a very good grasp of the historical and theological undercurrents of sexual abuse in the Catholic Church.”
He praised the study for its analysis of schools and residential institutions run by religious orders, which he said could “provide a safe space” for potential abusers. “Coupled with the psychological trust that children have with teachers and providers, these institutions become very dangerous places for sexually and psychologically underdeveloped religious personnel,” he said.
Professor Cahill said he began work on the report in 2012, and expanded its scope in 2014 after participating in an international workshop in northern Spain, which brought together leading researchers into child sex abuse in Catholic settings. Dr. Wilkinson joined the study in 2015.
Kieran Tapsell, a retired lawyer who wrote a book about the church’s abuse scandals, said the report was noteworthy for synthesizing a great deal of material and viewing it from sociological, psychological and theological perspectives.
“That hasn’t been brought together before,” he said.
Saturday, September 16, 2017
Tuesday, September 12, 2017
Seventeen Year Sentence for Jerusalem Educator Found Guilty of rape
https://www.inn.co.il/News/News.aspx/354925
The Mashgiach of a Jerusalem yeshiva was sentenced to 17 years in jail after he admitted and was found guilty of heinous acts of molestation and child rape. The victims were spared having to come forward and publicly testify following a plea bargain.
In addition to the jail sentence, he was fined 145 thousand shekel which was deposited with the court.
About a year and a half ago, this Mashgiach from Jerusalem (Bayit Vegan) was arrested and was found guilty of a long list of acts of rape
which he perpetrated for many years against three young girls [nieces].
One of the girls was only six years old when he began to molest her. He continued this for many years, including two more nieces, using religious manipulation and "mind games" as part of his tactics.
The Mashgiach of a Jerusalem yeshiva was sentenced to 17 years in jail after he admitted and was found guilty of heinous acts of molestation and child rape. The victims were spared having to come forward and publicly testify following a plea bargain.
In addition to the jail sentence, he was fined 145 thousand shekel which was deposited with the court.
About a year and a half ago, this Mashgiach from Jerusalem (Bayit Vegan) was arrested and was found guilty of a long list of acts of rape
which he perpetrated for many years against three young girls [nieces].
One of the girls was only six years old when he began to molest her. He continued this for many years, including two more nieces, using religious manipulation and "mind games" as part of his tactics.
I can ‘do Jewish’ on just $40,000 a year
http://blogs.timesofisrael.com/i-can-do-jewish-for-40000/
Last year, I was a 45-year-old married father of four children, a member of a large American Modern Orthodox Jewish community, and I didn’t have a penny saved in the bank. I decided to get serious about my finances and sit down with a financial planner. He told me that in order for me to be able to pay for my four children to go to college, and to have any semblance of a retirement for myself and my wife, we would need to save 50 percent of our net income for the next 20 years. We began to itemize my family’s major expenses:
And that’s when I realized I had forgotten to include Passover on the list.
I’m not alone
This was the wakeup call of the century for me. I was raised to believe that religion came first; that everything was ‘holy’ and a ‘mitzvah’; that the more you spent on your Judaism the better it was in God’s eyes. And I now realized I had been completely neglecting the financial health and future of my family.
The first thing I did was to ask around how other people were managing it. Word on the street was that to do everything on my list in a “second tier” community, not something in the greater New York area, one would have to earn more than $500,000 a year. Now I work very hard and I do pretty well, but I will most likely never make half a million dollars a year. Granted, some people in the community do, but not many.
What I saw was far more people who were – if they were willing to admit it – getting steady monthly checks from their parents to survive. Adult children 50 years old still living off handouts from their parents in order to “do Jewish.” Some parents had large fortunes and were easily able to afford to help several adult children, but some were slowly being bled dry. I had one grandmother tell me, “It’s wrong that the day schools are now trying to fund themselves off the backs of the grandparents, now that they have already broken the parents.”
Even more concerning, were the large number of families, doctors, lawyers, investment professionals, who, when asked in confidence, replied that they don’t have two pennies to rub together. And that was before their children were setting off to years in Israel and very expensive college in New York.
The day I left the synagogue forever was the Saturday the rabbi preached that day school tuition does not fulfill the obligation to give 10 percent of one’s income to charity — and that from a rabbi making $350,000 a year, along with free tuition, free housing, and free food expenses. As I angrily began to walk out of there for the last time, my neighbor grabbed my tallis and told me “The day the rabbis pay full tuition is the day that the tuition crisis will be solved.”
‘You’re in or you’re out’
Let’s spend a little more time on the tuition crisis in Modern Orthodox day schools, since this was the greatest expense for me. With four kids in school and an upper middle class income, I was told I had to pay full tuition for all four kids with no sibling discounts (and no reprieve from constant fundraising calls).
At one point, I went to the school president, a major donor (independently wealthy) to the school. I explained that keeping all my kids in the school would mean never saving a penny for retirement or college, and asked if there was any plan for helping working middle class parents, such as capping tuition at a percentage of income, or providing a sibling discount. His reply: “You’re in or you’re out.”
So I took myself out.
I enrolled my kids in an excellent private secular school for a third the cost of the “excellent” Jewish day school. And now, a year later, you know what I’ve found? That my kids are not running a year behind public school in their education; That kids actually have discipline and respect for their teachers; And even more importantly, that all children who misbehave are handled in the same manner, instead of letting the children of the wealthy supporters get away with murder. And even more interesting, this amazing secular school had all of…drumroll…one principal — the Day School I left had five. Enough said.
In hindsight, I remember when a Muslim I worked with asked me one day why I was so stressed out. I said because I have to make so much money to pay for my kids to go to school. He asked me how much tuition I was paying per kid and when I answered $20,000, he said, “Wow, you’re getting screwed. We in the Muslim school are paying only $5,000.” Of course their school also had only one principal.
I had now left day school and synagogue, and my life was only getting better. Not just financially, but emotionally as well. I actually didn’t have to work as hard, and started to have more time with my family. I knew fathers working five jobs to pay the Jewish bills, or taking jobs out of town, showing up for weekends at home, or even putting their families in Israel and flying back one week a month. This is no recipe for ‘Shalom Bayit.’
Kosher food came next. I set a $200 a month limit for my wife on spending in the local Kosher butcher shop. Some chicken breast, some wings. There is no health benefit to eating meat more than maybe twice a month. Now that I look at the prices, I am actually shocked the communities have not simply boycotted these establishments en masse.
Passover? Forget about it. We just do it at home now. I toss that one up there as a luxury on par with buying a country club membership or a small yacht.
Summer camp? Chabad. In fact, we have been getting more involved with Chabad. At least they don’t make Judaism all about the money. Sure, they also need community support to exist, but in return they provide full-service Judaism at a reasonable price. That in my opinion, will effectively position Chabad as the ‘last man standing’ of US Jewish Orthodoxy, as the far right Jewish communities become increasingly impoverished due to the failure to educate their kids for the workforce, and as the Modern Orthodox numbers continue to dwindle under lack of commitment, unbearable costs and attrition in the college years and beyond.
Time for a revolution
Over the past year, our family has rewritten our financial future. We now live on half of our income and invest and save the rest. And thanks to this new president, the financial markets have been doing great. We pulled our kids out of Jewish day school and they are getting a better education in a better environment, and we supplement their Jewish education via Chabad. I am now able to comfortably “do Jewish” for $40,000 a year, the sum my financial planner told me needed to be our limit. You know what, we may even be able to go away next year for Passover!
The overpriced balloon of the Modern Orthodox experience rests on three core flaws:
Jewish organizations are too top heavy, with too many positions filled by wives and cronies, and with amply-paid rabbis who are out of touch with the financial woes of their congregants.
There are too many very wealthy board members controlling too much of the decision-making for the wider Jewish community. It’s time to get some working class and even poor people on the boards of schools and JCCs.
Too many sheep just go right along, with their heads buried in the rear end of the sheep in front of them. It’s time for a revolution.
What kind of revolution?
How about launching a month-long community boycott of all neighborhood kosher markets? (Start two weeks before Passover.) Or pulling the kids out of day school, demanding charter schools, and insisting that the local rabbis earn their fat salaries by holding lowcost Jewish after-school programs in the synagogue.
As we gear up for the High Holidays – by the way, my Chabad doesn’t charge mandatory ticket fees – it’s time to take an honest look at where Modern Orthodox Judaism is going. For me it was a $150,000 a year post tax commitment, a sum of money that most people never even come close to earning.
Religious leaders have no right to complain about intermarriage rates in the US when the religion is being priced out of affordability. And don’t even get me started on the shidduch crisis, although if you look honestly at the problems of matchmaking and failure to find a mate, there too you find that much of the problem also comes back to who has the most money. It’s time to take back our religion, to make it more accessible to Jews of all financial situations.
Those who stand in the way of this progress should be expelled from the community. The legacy rabbinate and top-heavy institutions are not sustainable in the long term. They’ve bankrupted the parents. They are now trying to bankrupt the grandparents. That was never the way this religion was supposed to be.
- Day school tuition – approximately $80,000 post tax dollars a year. Currently consuming nearly 50% of our post tax annual take home pay.
- Housing and utilities – near a synagogue, walking distance, big enough for 4 kids, another large sum of money.
- Health insurance – my employer only plays 50 percent, leaving me with almost $900 a month to pay to cover the family
- 2 cars
- Jewish Summer camp – with 4 kids in various combinations of summer camps, both home and away, plus all associated flights and gear, approx $20,000.
- Kosher food – At times coming to more than $1,000 a month
- Additional outlays: to Jewish charities, synagogue dues + building fund, and more, as well as life insurance, tolls, and random other surprises.
- Dollars left for savings, investment, college tuition, wealth building: Zero
- We reviewed this short list of items and my advisor said, “You realize the greatest expense to your life is your religion. It is consuming over half of your post tax take home pay. You are paying almost $150,000 a year to ‘do Jewish.’”
And that’s when I realized I had forgotten to include Passover on the list.
I’m not alone
This was the wakeup call of the century for me. I was raised to believe that religion came first; that everything was ‘holy’ and a ‘mitzvah’; that the more you spent on your Judaism the better it was in God’s eyes. And I now realized I had been completely neglecting the financial health and future of my family.
The first thing I did was to ask around how other people were managing it. Word on the street was that to do everything on my list in a “second tier” community, not something in the greater New York area, one would have to earn more than $500,000 a year. Now I work very hard and I do pretty well, but I will most likely never make half a million dollars a year. Granted, some people in the community do, but not many.
What I saw was far more people who were – if they were willing to admit it – getting steady monthly checks from their parents to survive. Adult children 50 years old still living off handouts from their parents in order to “do Jewish.” Some parents had large fortunes and were easily able to afford to help several adult children, but some were slowly being bled dry. I had one grandmother tell me, “It’s wrong that the day schools are now trying to fund themselves off the backs of the grandparents, now that they have already broken the parents.”
Even more concerning, were the large number of families, doctors, lawyers, investment professionals, who, when asked in confidence, replied that they don’t have two pennies to rub together. And that was before their children were setting off to years in Israel and very expensive college in New York.
The day I left the synagogue forever was the Saturday the rabbi preached that day school tuition does not fulfill the obligation to give 10 percent of one’s income to charity — and that from a rabbi making $350,000 a year, along with free tuition, free housing, and free food expenses. As I angrily began to walk out of there for the last time, my neighbor grabbed my tallis and told me “The day the rabbis pay full tuition is the day that the tuition crisis will be solved.”
‘You’re in or you’re out’
Let’s spend a little more time on the tuition crisis in Modern Orthodox day schools, since this was the greatest expense for me. With four kids in school and an upper middle class income, I was told I had to pay full tuition for all four kids with no sibling discounts (and no reprieve from constant fundraising calls).
At one point, I went to the school president, a major donor (independently wealthy) to the school. I explained that keeping all my kids in the school would mean never saving a penny for retirement or college, and asked if there was any plan for helping working middle class parents, such as capping tuition at a percentage of income, or providing a sibling discount. His reply: “You’re in or you’re out.”
So I took myself out.
I enrolled my kids in an excellent private secular school for a third the cost of the “excellent” Jewish day school. And now, a year later, you know what I’ve found? That my kids are not running a year behind public school in their education; That kids actually have discipline and respect for their teachers; And even more importantly, that all children who misbehave are handled in the same manner, instead of letting the children of the wealthy supporters get away with murder. And even more interesting, this amazing secular school had all of…drumroll…one principal — the Day School I left had five. Enough said.
In hindsight, I remember when a Muslim I worked with asked me one day why I was so stressed out. I said because I have to make so much money to pay for my kids to go to school. He asked me how much tuition I was paying per kid and when I answered $20,000, he said, “Wow, you’re getting screwed. We in the Muslim school are paying only $5,000.” Of course their school also had only one principal.
I had now left day school and synagogue, and my life was only getting better. Not just financially, but emotionally as well. I actually didn’t have to work as hard, and started to have more time with my family. I knew fathers working five jobs to pay the Jewish bills, or taking jobs out of town, showing up for weekends at home, or even putting their families in Israel and flying back one week a month. This is no recipe for ‘Shalom Bayit.’
Kosher food came next. I set a $200 a month limit for my wife on spending in the local Kosher butcher shop. Some chicken breast, some wings. There is no health benefit to eating meat more than maybe twice a month. Now that I look at the prices, I am actually shocked the communities have not simply boycotted these establishments en masse.
Passover? Forget about it. We just do it at home now. I toss that one up there as a luxury on par with buying a country club membership or a small yacht.
Summer camp? Chabad. In fact, we have been getting more involved with Chabad. At least they don’t make Judaism all about the money. Sure, they also need community support to exist, but in return they provide full-service Judaism at a reasonable price. That in my opinion, will effectively position Chabad as the ‘last man standing’ of US Jewish Orthodoxy, as the far right Jewish communities become increasingly impoverished due to the failure to educate their kids for the workforce, and as the Modern Orthodox numbers continue to dwindle under lack of commitment, unbearable costs and attrition in the college years and beyond.
Time for a revolution
Over the past year, our family has rewritten our financial future. We now live on half of our income and invest and save the rest. And thanks to this new president, the financial markets have been doing great. We pulled our kids out of Jewish day school and they are getting a better education in a better environment, and we supplement their Jewish education via Chabad. I am now able to comfortably “do Jewish” for $40,000 a year, the sum my financial planner told me needed to be our limit. You know what, we may even be able to go away next year for Passover!
The overpriced balloon of the Modern Orthodox experience rests on three core flaws:
Jewish organizations are too top heavy, with too many positions filled by wives and cronies, and with amply-paid rabbis who are out of touch with the financial woes of their congregants.
There are too many very wealthy board members controlling too much of the decision-making for the wider Jewish community. It’s time to get some working class and even poor people on the boards of schools and JCCs.
Too many sheep just go right along, with their heads buried in the rear end of the sheep in front of them. It’s time for a revolution.
What kind of revolution?
How about launching a month-long community boycott of all neighborhood kosher markets? (Start two weeks before Passover.) Or pulling the kids out of day school, demanding charter schools, and insisting that the local rabbis earn their fat salaries by holding lowcost Jewish after-school programs in the synagogue.
As we gear up for the High Holidays – by the way, my Chabad doesn’t charge mandatory ticket fees – it’s time to take an honest look at where Modern Orthodox Judaism is going. For me it was a $150,000 a year post tax commitment, a sum of money that most people never even come close to earning.
Religious leaders have no right to complain about intermarriage rates in the US when the religion is being priced out of affordability. And don’t even get me started on the shidduch crisis, although if you look honestly at the problems of matchmaking and failure to find a mate, there too you find that much of the problem also comes back to who has the most money. It’s time to take back our religion, to make it more accessible to Jews of all financial situations.
Those who stand in the way of this progress should be expelled from the community. The legacy rabbinate and top-heavy institutions are not sustainable in the long term. They’ve bankrupted the parents. They are now trying to bankrupt the grandparents. That was never the way this religion was supposed to be.
Monday, September 11, 2017
Campaign against neighbors Get refusal results in large fine
http://m.takdin.co.il/pages/article.aspx?artid=5783318
שכנה שניהלה קמפיין נגד "סרבן גט" ללא הכרזתו ככזה בבי"ד חויבה בפיצוי חריג בגבהו
http://www.takdin.co.il/pages/article.aspx?artid=5783318
תושבת השומרון טענה כי היא ניסתה לעזור לשכנה במצוקה ועודדה את תושבי היישוב להחרים את בעלה שלטענתה סירב לתת לה גט ולהדיר רגליהם מהפיצרייה שבבעלותו. הפיצוי שנפסק היה גבוה מאד ביחס לתביעות לשון הרע
תושב השומרון שנאלץ לעזוב את הישוב ולסגור את הפיצרייה בבעלותו בעקבות מסע הכפשות שניהלה חברתה של אשתו לשעבר, שכינתה אותו סרבן גט ועודדה את חברי הקהילה להחרימו, יקבל פיצוי בסך של 300 אלף שקל בגין לשון הרע. ביהמ"ש לא חסך בביקורת על הנתבעת והבהיר: אין אמת בפרסום, אין עניין ציבורי ואין חובה מוסרית לפרסם.
התובע, לשעבר תושב ישוב בשומרון, התגרש מאשתו בשנת 2013. עד הגירושים, ניהל התובע עסק של פיצרייה, שהיתה היחידה בישוב, אולם לאחר שעזב את בית המגורים המשותף פתחה אשתו עסק פיצה מתחרה מתוך ביתם.
בתביעה שהגיש באמצעות עורך הדין אורן אליעז, טען התובע כי הנתבעת, תחקירנית בערוץ טלוויזיה שהתגוררה בסמוך והיתה מיודדת עם אשתו, ביקשה לסייע לה בגירושיה ולשם כך הפיצה נגדו פרסומים באמצעי מדיה שונים, לרבות עלונים לתיבות הדואר ומייל לתושבי היישוב. בנוסף, התייצבה הנתבעת בפתח הפיצרייה שלו עם מגשי פיצות וקראה ללקוחות שלא להיכנס לפיצרייה, תוך שהיא מציעה להם פיצות מהמגשים שבידיה ומציגה את התובע כסרבן גט. לטענת התובע, כתוצאה ממעשיה של הנתבעת, הוא נאלץ למכור את הפיצרייה שלו ולעזוב את הישוב.
עוד טען התובע כי הנתבעת החלה להפיץ לכל תושבי היישוב כי הוא סרבן גט ודרשה מהתושבים לפעול ליצירת לחץ קהילתי כדי להביא לקבלת הגט, ואף הביאה את בעלה – גבאי בית הכנסת – לסרב להעלות אותו לתורה, גם בשבת בר המצווה של בנו, תוך השפלתו וביזויו.
התובע טען כי הנתבעת פעלה מבלי לדעת את העובדות הנכונות, מתוך כוונה ברורה לפגוע בשמו הטוב, ועשתה יד אחת עם האישה כדי לפגוע בו ולהשיג לאשתו את מבוקשה. לטענתו, לאור מעשיה של הנתבעת, הוא נשבר ומכר את הפיצרייה שלו, וכן עזב את הישוב לבית הוריו שבצפון.
הנתבעת טענה מנגד כי מדובר בתביעת סרק טורדנית וכי התובע פועל בשיטת "מצליח" ויורה לכל הכוונים ללא כל בסיס. הנתבעת הכחישה את הפצת העלונים לתיבות הדואר בישוב וטענה כי היא גילתה אזרחות טובה וניסיון לסייע לחברה במצוקה, שלא קיבלה גט מזה כשנתיים, ועל כן מדובר באמת בפרסום ובפרסום שנעשה בתום לב מתוך חובה מוסרית.
השופט אריאל ברגנר קיבל את התביעה וציין כי אף שלא הוכח שהנתבעת פרסמה את העלונים, היא הודתה במשלוח המייל בתפוצה רחבה ביישוב, ובסופו של דבר הודתה גם בשני הביקורים בפיצרייה, שבהם טענה כי התובע ממרר את החיים לאשתו ולילדים וכי הוא מסרב לתת גט לאשתו.
השופט דחה את טענת הנתבעת כי היא מעולם לא כינתה את התובע "סרבן גט", והבהיר כי אין כל הבדל בין סרבן גט לבין מי שמסרב לתת גט לאשתו, וכל ניסיון לפרשנות אחרת הוא משחק מילים והיתממות חסרת בסיס.
עוד הבהיר השופט כי על מנת שאדם ייקרא סרבן גט, חייבים להתמלא שני תנאים מצטברים: ניתן פסק דין של בית הדין הרבני לגירושין, ואותו אדם אינו מקיים את פסק הדין. במקרה זה, לעומת זאת, אין חולק כי בעת הפרסומים לא ניתן עדיין פסק דין לגירושין, וכי כשבוע לאחר מתן פסק הדין ניתן הגט. השופט ציין עוד כי בית הדין הרבני נדרש להבהיר את המצב המשפטי והודיע חד משמעית כי התובע לא היה סרבן גט, כי הוא הסכים להתגרש ואף היה זה שביקש את הגירושים. נוכח האמור, קבע השופט כי לא עומדת לנתבעת הגנת אמת דיברתי, וממילא לא ניתן לטעון במקרה זה לעניין ציבורי בפרסום, הנוגע להליכים חסויים של מעמד אישי הנדונים בדלתיים סגורות.
עוד נדחתה טענת הנתבעת כי הפרסום נבע מחובה מוסרית וחברתית לעזור לחברה שהגיעה לפת לחם ומוחזקת כבת ערובה על ידי התובע. השופט ברגנר ציין כי אינטרס שמירת הסודיות והחיסיון של ההליכים בבית הדין הרבני גוברים על אינטרס מקומי של הנתבעת או תושבים אחרים בישוב לפרסם את דבר היות התובע "מסרב גט", על מנת להפעיל עליו לחץ. "לא יכולה לקום כל חובה חברתית או מוסרית אשר תתמוך ותוביל הפעלת לחץ חיצוני חברתי על אדם כדי להשפיע עליו בהליך משפטי אותו הוא מנהל", קבע השופט. "מדובר בלחץ פסול הבא כדי להפריע להליך המשפטי ומנסה שלא כדין למנוע מהתובע 'הליך הוגן' בביה"ד הרבני".
השופט הוסיף כי הנתבעת חרגה ועברה כל גבול אפשרי מהתנהלות סבירה להגנת אותו ערך חברתי נטען של סיוע לחברה במצוקה, וקבע כי אין מדובר בפרסום שנעשה בתום לב. השופט הבהיר כי אין כל רלוונטיות לאמונתה הסובייקטיבית של הנתבעת בנכונות הפרסום ומתח ביקורת על הנתבעת, המבקשת לחסות בצילה של ההגנה על הבעת דעה וביקורת על פעולה פומבית של הנפגע. זאת, שכן כל הליכי המעמד האישי וההליכים בבית הדין הרבני הם חסויים ומתנהלים בדלתיים סגורות, והנתבעת לא נקטה כל אמצעי סביר כלשהו על מנת להיווכח אם טענותיה הן אמת.
בפסיקת הפיצוי התחשב השופט בהתנהלותה של הנתבעת, שהמשיכה לדבוק בעמדתה ולפגוע בתובע במהלך כל המשפט, גם לאחר שהתבררה עמדת בית הדין הרבני כי התובע אינו סרבן גט. השופט הוסיף כי נוכח תפוצת הפרסום והפגיעה הקשה והזדונית בתובע יש מקום לפסיקת כפל פיצוי ללא הוכחת נזק. הפרסום במייל לתושבי הישוב ושני הביקורים בפיצרייה מזכים את התובע בפיצוי של 50 אלף שקל כל אחד, ועל כן כפל הפיצוי יעמוד על סך של 300 אלף שקל.
Sunday, September 10, 2017
FRACTURED LANDS: HOW THE ARAB WORLD CAME APART
nytimes
Before driving into northern Iraq, Dr. Azar Mirkhan changed from his Western clothes into the traditional dress of a Kurdish pesh merga warrior: a tightfitting short woolen jacket over his shirt, baggy pantaloons and a wide cummerbund. He also thought to bring along certain accessories. These included a combat knife, tucked neatly into the waist of his cummerbund, as well as sniper binoculars and a loaded .45 semiautomatic. Should matters turn particularly ticklish, an M-4 assault rifle lay within easy reach on the back seat, with extra clips in the foot well. The doctor shrugged. “It’s a bad neighborhood.”
Our destination that day in May 2015 was the place of Azar’s greatest sorrow, one that haunted him still. The previous year, ISIS gunmen had cut a murderous swath through northern Iraq, brushing away an Iraqi Army vastly greater in size, and then turning their attention to the Kurds. Azar had divined precisely where the ISIS killers were about to strike, knew that tens of thousands of civilians stood helpless in their path, but had been unable to get anyone to heed his warnings. In desperation, he had loaded up his car with guns and raced to the scene, only to come to a spot in the road where he saw he was just hours too late. “It was obvious,” Azar said, “so obvious. But no one wanted to listen.” On that day, we were returning to the place where the fabled Kurdish warriors of northern Iraq had been outmaneuvered and put to flight, where Dr. Azar Mirkhan had failed to avert a colossal tragedy — and where, for many more months to come, he would continue to battle ISIS.
Azar is a practicing urologist, but even without the firepower and warrior get-up, the 41-year-old would exude the aura of a hunter. He walks with a curious loping gait that produces little sound, and in conversation has a tendency to tuck his chin and stare from beneath heavy-lidded eyes, rather as if he were sighting down a gun. With his prominent nose and jet black pompadour, he bears a passing resemblance to a young Johnny Cash.
The weaponry also complemented the doctor’s personal philosophy, as expressed in a scene from one of his favorite movies, “The Good, the Bad and the Ugly,” when a bathing Eli Wallach is caught off guard by a man seeking to kill him. Rather than immediately shoot Wallach, the would-be assassin goes into a triumphant soliloquy, allowing Wallach to kill him first.
“When you have to shoot, shoot; don’t talk,” Azar quoted from the movie. “That is us Kurds now. This is not the time to talk, but to shoot.”
Azar is one of six people whose lives are chronicled in these pages. The six are from different regions, different cities, different tribes, different families, but they share, along with millions of other people in and from the Middle East, an experience of profound unraveling. Their lives have been forever altered by upheavals that began in 2003 with the American invasion of Iraq, and then accelerated with the series of revolutions and insurrections that have collectively become known in the West as the Arab Spring. They continue today with the depredations of ISIS, with terrorist attacks and with failing states.
AI that can determine a person’s sexuality from photos shows the dark side of the data age
tech crunch
We count on machine learning systems for everything from creating playlists to driving cars, but like any tool, they can be bent toward dangerous and unethical purposes, as well. Today’s illustration of this fact is a new paper from Stanford researchers, who have created a machine learning system that they claim can tell from a few pictures whether a person is gay or straight.
The research is as surprising as it is disconcerting. In addition to exposing an already vulnerable population to a new form of systematized abuse, it strikes directly at the egalitarian notion that we can’t (and shouldn’t) judge a person by their appearance, nor guess at something as private as sexual orientation from something as simple as a snapshot or two. But the accuracy of the system reported in the paper seems to leave no room for mistake: this is not only possible, it has been achieved.
We count on machine learning systems for everything from creating playlists to driving cars, but like any tool, they can be bent toward dangerous and unethical purposes, as well. Today’s illustration of this fact is a new paper from Stanford researchers, who have created a machine learning system that they claim can tell from a few pictures whether a person is gay or straight.
The research is as surprising as it is disconcerting. In addition to exposing an already vulnerable population to a new form of systematized abuse, it strikes directly at the egalitarian notion that we can’t (and shouldn’t) judge a person by their appearance, nor guess at something as private as sexual orientation from something as simple as a snapshot or two. But the accuracy of the system reported in the paper seems to leave no room for mistake: this is not only possible, it has been achieved.
It relies on cues apparently more subtle than most can perceive — cues many would suggest do not exist. And it demonstrates, as it is intended to, a class of threat to privacy that is entirely unique to the imminent era of ubiquitous computer vision.
Before discussing the system itself, it should be made clear that this research was by all indications done with good intentions. In an extensive set of authors’ notes that anyone commenting on the topic ought to read, Michal Kosinski and Yilun Wang address a variety of objections and questions. Most relevant are perhaps their remarks as to why the paper was released at all:
Before discussing the system itself, it should be made clear that this research was by all indications done with good intentions. In an extensive set of authors’ notes that anyone commenting on the topic ought to read, Michal Kosinski and Yilun Wang address a variety of objections and questions. Most relevant are perhaps their remarks as to why the paper was released at all:
We were really disturbed by these results and spent much time considering whether they should be made public at all. We did not want to enable the very risks that we are warning against. The ability to control when and to whom to reveal one’s sexual orientation is crucial not only for one’s well-being, but also for one’s safety.We felt that there is an urgent need to make policymakers and LGBTQ communities aware of the risks that they are facing. We did not create a privacy-invading tool, but rather showed that basic and widely used methods pose serious privacy threats.
Certainly this is only one of many systematized attempts to derive secret information such as sexuality, emotional state or medical conditions. But it is a particularly concerning one, for several reasons.
Seeing what we can’t (or won’t)
Seeing what we can’t (or won’t)
The paper, due to be published in the Journal of Personality and Social Psychology, details a rather ordinary supervised-learning approach to addressing the possibility of identifying people as gay or straight from their faces alone. (Note: the paper is still in draft form.)
Using a database of facial imagery (from a dating site that makes its data public), the researchers collected 35,326 images of 14,776 people, with (self-identified) gay and straight men and women all equally represented. Their facial features were extracted and quantified: everything from nose and eyebrow shape to facial hair and expression.
A deep learning network crunched through all these features, finding which tended to be associated with individuals of a given sexual orientation. The researchers didn’t “seed” this with any preconceived notions of how gay or straight people look; the system merely correlated certain features with sexuality and identified patterns.
Thursday, September 7, 2017
AYIN Harah or mechilah
When I was involved in the tropper scandal Rav Sternbuch told me to go to Bdatz and have Beis Din remove aiyin harah
Asked him again now if I should go, he said no, there is no issue of aiyin harah in the present case.
He was asked about asking mechila, he said no, because I thought I was right.
Asked him again now if I should go, he said no, there is no issue of aiyin harah in the present case.
He was asked about asking mechila, he said no, because I thought I was right.
Tuesday, September 5, 2017
Thursday, August 31, 2017
Hell
The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis.
(Dante?)
(Dante?)
Friday, August 25, 2017
Do Gedolei Haposkim agree with Rav Shmuel?
Received email today which clearly indicated that the voice of opposition to this phony divorce has been deliberately suppressed amongst major Poskim
Thursday, August 24, 2017
Trump’s Anti-Obama Eclipse Meme Doesn’t Make Scientific Sense
Health, Science, Medicine, Fitness News - TIME.com
http://time.com/4914037/donald-trump-barack-obama-eclipse-meme/
http://time.com/4914037/donald-trump-barack-obama-eclipse-meme/
President Trump is the best moon in the entire solar system. He has the greatest craters—beautiful, beautiful craters—and the softest lunar dust. The journalists who cover him don’t have such soft dust. Sad!
You may never have thought of Donald Trump as the moon—a huge, heedless mass, forever doomed to repeat the same cycles day after day, year after year. OK, maybe you have. But either way, Trump apparently thinks of himself just that way. In the middle of a 56-minute Tweet squall this morning, the President retweeted this image, showing his smiling, full-color face slowly eclipsing a grim, black-and-white image of former President Barack Obama. The caption on the picture reads, “The best eclipse ever!”
— Jerry Travone �� (@JerryTravone) August 24, 2017
It’s never terribly easy to parse Presidential tweets. This one is even tougher than most, since there are so many different approaches you could take. There’s indifference: Trump’s retweet finger is a finely honed instrument, designed for speed, not discernment. He sees it, he likes it, he retweets it. The man is busy, after all.
There’s exhaustion: The eclipse? The eclipse? We’re now politicizing the eye-widening, soul-stirring, kumbaya-fest that was the total solar eclipse? Feel free to go lie down in a darkened room if you’d like. The front desk will call you in 2020.
Then, of course, there’s the scientific—and this is perhaps one Trump should have thought about a little bit more than he apparently did. Eclipses happen because every now and then, in predictable but still primally unsettling cycles, a warm, bright, life-giving object is obscured by a dark, dead, insensible rock. The rock is tiny—400 times smaller than the big, bright thing. But it’s also 400 times closer, so it appears much bigger than it is—its size and importance a mere illusion of proximity.
This surely isn’t where President Trump wanted to go, but hey, once you invite science to the dinner party, you don’t get to ask it to leave just because you don’t like the jokes it’s telling. So let’s consider too that it is during an eclipse that the sun in some ways shows itself most brightly. It’s not the black disk that the moon creates at the moment of totality that transfixes us so—that’s just a hole in the sky. It’s the brilliance of the solar corona—the veil of incandescent gasses that stream millions of miles into space. Try to look at the sun at any other time and it’s an exercise in pain and gaze aversion. Look at it during an eclipse, and it’s the hidden object—in this case Obama—not the obscuring one, that knocks your socks off.
The President’s opponents are not above just this kind of semiotic misfire. The eclipse meme Trump retweeted echoed a more slapdash entry from his opponents, with a smiling Obama moving in front of a snarling Trump and text that read, “The only eclipse we really wanna see.”
The only eclipse we really wanna see pic.twitter.com/GpI81nmdC1— Eli McKenzie (@EliiMckenzie) August 22, 2017
No matter the particular meme, both sides should remember that it’s possible to go too far down the science-as-metaphor road. Start talking about the quantum entanglement of lifting the debt ceiling and building the border wall, or the Newtonian action of passing Obamacare giving rise to the equal and opposite reaction of trying to repeal it, and you’re definitely going to lose the room. (The one exception to this rule: Feel free to call anyone or anything at all a boson. Bosons are always funny.)
All the same, unlike most presidential tweets, there’s something to be learned from Thursday morning’s little offering, provided you look at it the right way. Science is a slow, patient, iterative process, in which serious people work very hard to arrive at elusive truths and meaningful results—results that often make the world a much better place. Politics, done right, ought to be the same thing. In a White House that has become the governing equivalent of a basement lab, it might be time for a little of the rigor the real scientists apply every day.
Jeffrey Kluger is Editor at Large for TIME magazine and the author of Apollo 8.
Response to defamatory RCA statement
From: Shalom Chaim Spira
Sent: August 14, 2017 12:39
To: Saul Emanuel
Cc: Michael Whitman; Rabbi Shmidman - LMS
Subject: Response to defamatory RCA statement
Sent: August 14, 2017 12:39
To: Saul Emanuel
Cc: Michael Whitman; Rabbi Shmidman - LMS
Subject: Response to defamatory RCA statement
Dear Rabbi Saul Emanuel, shlit"a, Executive Director of the Jewish Community Council of Montreal
Please note the defamatory and slanderous statement from the RCA issued three days ago, falsely claiming that students of Jewish law such as myself who challenge the halakhic validity of the 1993 Beth Din of America prenuptial agreement (which - as already communicated to the Jewish Community Council of Montreal on several previous occasions - was used to coerce my own brother Dr. Avrum Elliot Spira to a get his wife) "threaten women".
http://www.rabbis.org/news/ article.cfm?id=105949
Pursuant to the Gemara, fifth chapter of Berakhot, which derives from the righteous Hannah (mother of the prophet Samuel) that when an Orthodox Jew is wrongly suspected of sinful behaviour, the Jew should explain himself to vindicate himself, I am now responding to this accusation by the RCA. With all due respect to the RCA, I reject the accusation of the RCA that I "threaten women". Rather, I actually rescue women by clarifying the Halakhah of what constitutes a valid prenuptial agreement and what constitutes an invalid prenuptial agreement, as publicized in my essay on the subject at http://www.scribd.com/doc/ 176990434/Prenuptial- Agreements .
To express my dismay over this mistaken statement of the RCA, I am carbon copying the Yoshev Rosh of the RCA Beth Din for conversion in Montreal, R. Michael Whitman, shlit"a, as well as the heir to my revered teacher R. Joshua H. Shmidman, zatza"l, his son (yibadel le-chaim) R. Avraham Yerucham Shmidman, shlit"a, of Lower Merion Synagogue in Philadelphia. Let us work together to help agunot by finding real solutions (as identified by my essay), not the (well-meaning but unfortunately) disqualified so lution of the RCA has fabricated.
Thank you and ktivah va-chatimah tovah,
Shalom
Please note the defamatory and slanderous statement from the RCA issued three days ago, falsely claiming that students of Jewish law such as myself who challenge the halakhic validity of the 1993 Beth Din of America prenuptial agreement (which - as already communicated to the Jewish Community Council of Montreal on several previous occasions - was used to coerce my own brother Dr. Avrum Elliot Spira to a get his wife) "threaten women".
http://www.rabbis.org/news/
Pursuant to the Gemara, fifth chapter of Berakhot, which derives from the righteous Hannah (mother of the prophet Samuel) that when an Orthodox Jew is wrongly suspected of sinful behaviour, the Jew should explain himself to vindicate himself, I am now responding to this accusation by the RCA. With all due respect to the RCA, I reject the accusation of the RCA that I "threaten women". Rather, I actually rescue women by clarifying the Halakhah of what constitutes a valid prenuptial agreement and what constitutes an invalid prenuptial agreement, as publicized in my essay on the subject at http://www.scribd.com/doc/
To express my dismay over this mistaken statement of the RCA, I am carbon copying the Yoshev Rosh of the RCA Beth Din for conversion in Montreal, R. Michael Whitman, shlit"a, as well as the heir to my revered teacher R. Joshua H. Shmidman, zatza"l, his son (yibadel le-chaim) R. Avraham Yerucham Shmidman, shlit"a, of Lower Merion Synagogue in Philadelphia. Let us work together to help agunot by finding real solutions (as identified by my essay), not the (well-meaning but unfortunately) disqualified so
Thank you and ktivah va-chatimah tovah,
Shalom
Tuesday, August 22, 2017
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