Beis din can accept testimony if both parties not present?

• Shulchan Arukh, (Choshen Mishpat 2815). We do not accept testimony if the party is not in court. If they accepted the testimony, they cannot rule based on it. They can re-testify in front of the party. If they changed their testimony from the original testimony, we follow the second testimony that was in front of the party, even if they testified originally with a cherem, because any testimony not in front of a party is as if it was given outside of court. There are those that disagree and say that once testimony has been accepted outside the court, it is okay after the fact. Therefore, if the party is strong and the witnesses are afraid to testify in front of him, we can accept the testimony not in front of the party, and judge accordingly. However, if it is possible to force the strong party in the way that was explained in paragraph 5 of this Siman, that would be preferred. There are those that say that the concept of not accepting testimony if not in front of the party is only by monetary cases, but not for quarreling and fighting where we are concerned that if they testify in front of the parties they will fight with one another and with the witnesses. The Geonim instituted that for such a case we accept testimony not in front of the parties and we do not reveal the identity of the witnesses. It seems to me that this is only where the court does not want to judge strict law and punish, but instead wants to quiet the fighting and rule based on the needs of the particular dispute. If, however, they want to punish and judge one of them, they must accept the testimony in front of him, as will be explained in Even Haezer 11:4.
  
  

אין מקבלין עדות שלא בפני בע"ד ואם קבלו אין דנין על פיו: הגה וחוזרין ומגידין בפניו ואם שנו בעדותן בפעם שני ממה שהגידו בראשונה הולכין אחר העדות השני שהגידו בפניו אע"פ שהגידו בראשונה על פי החרם דכל שלא בפניו כחוץ לב"ד דמי וחוזרין ומגידין (ב"י בשם רבי מנחם) ויש חולקין ואומרים דאם נתקבל העדות שלא בפניו כשר בדיעבד (ר"י נ"ב ח"ב ומרדכי פרק הגוזל בתרא) ולכן אם הבעל דין הוא אלם והעדים יראים להגיד לפניו מקבלין העדות שלא בפניו ודנין על פיו (פסקי מהרא"י סי' קע"ה וקע"ז) מיהו אם אפשר לכוף האלם כדרך שנתבאר לעיל סי' זה ס"ה עדיף טפי י"א דלא אמרו אין מקבלין עדות אלא בפני ב"ד היינו בדיני ממונות אבל בקטטות ומריבות שיש לחוש שאם יעידו בפניהם יתקוטטו עם עדים גם יתקוטטו זה עם זה תקנו הגאונים שמקבלים העדות שלא בפניהם גם לא יגלו מי הם העדים (הגהת מרדכי) ול"נ דדוקא כשאין הב"ד רוצים לדון אחד מהם ע"פ הדין ולענוש רק להשקיט הקטטה ולהורות כפי צורך המריבה אבל כשרוצים לענוש ולדון אחד מהם אין לקבל העדות אלא בפניו וכמו שנתבאר באה"ע סי"א ס"ד:

Shulchan Arukh, (Even HaEzer 11:4) There are those who say that if witnesses testify that the woman committed adultery, they need to be investigated carefully. And they [beis din] cannot accept testimony that is not in front of her or her husband (Teshuvas Harosh Klal 46).

Police berate victim of Vienna metro attack for ‘acting provocatively’ by reading book about Jews

 https://www.thetimes.co.uk/article/student-attacked-for-reading-a-book-about-jews-berated-by-police-for-provocative-act-gskz9g6mh

A 19-year-old Austrian student who was attacked and insulted as a “Jewish slut” and “child murderer” for reading a book about Jews has said she was told by police that she had been acting provocatively.

The student, who has not been named, was reading the book The Jews in the modern world for a Jewish studies course on the Vienna underground system when she was insulted by three men and had her hair pulled.

 

Update regarding Beth Alexander

http://daattorah.blogspot.com/2021/12/austrian-court-bars-manchester-mother.html

 

 * In response to a comment on Facebook querying whether the Jewish Telegraph has fully investigated the story from both sides, we have featured the plight of Ms Alexander extensively over the years. We twice visited Vienna and spoke in person to many of those involved, as well as interviewing others by telephone. One key player apologised to Ms Alexander over her own involvement, insisting that her actions had been as a result of pressure from the Schlesinger family. We even spoke to Dr Schlesinger's own estranged father who revealed that history was repeating itself. We remain convinced that there is something inherently rotten about this case.

Chaim Walder's attorneys

 https://middleeast.in-24.com/News/530561.html

Advocate Mickey Hova and Advocate Guy Shemer, on behalf of Velder, responded: “The writer Haim Velder vehemently denies any allegation of immoral conduct on his part, mild or severe. Rabbi Eliyahu is interviewed by every media channel and expresses his opinion against our client with insults and harsh remarks towards him and even called for his books to be taken out of the houses. “Decides his case clearly.”

“Only after Rabbi Eliyahu decided the law of our client, since he was invited to present his version before the Torah court where he serves as the court’s father. Rabbi Eliyahu also addressed the Knesset, in this language: ‘He has two options at this stage. Either admit and accept an answer or he will have to face a verdict that will embarrass him and his wife and family greatly. Especially if materials published by different journalists are published. ‘ And see this is a miracle – after our client informed Rabbi Eliyahu that the tribunal is not the proper forum to discuss such matters, the rabbi’s promise was fulfilled through the current article. We will clarify that a tribunal that appoints itself and decides a person’s guilt and only then invites his version to be heard is a field tribunal to which the truth is foreign and the rules of justice are not his. We would like to express our astonishment at the conduct of the Haaretz newspaper, which persecutes our clients and serves as a platform for publishing gossip. “Our client will not give up and he is ready to fight for his good name, to the end,” they said.

AUSTRIAN COURT BARS MANCHESTER MOTHER FROM SEEING HER TWINS

 https://www.jewishtelegraph.com

A new court ruling has now denied her all contact with her 12-year-old twin sons Benjamin and Samuel.

The case has made headlines throughout the world over more than a decade.

The court claims it “would not be in the children’s best interests” to see or speak to their mother.

The latest judgment follows new proceedings brought by Beth under The International Child Abduction and Contact Unit (ICACU), which was established to enforce the Articles of the 1996 and 1980 Hague Convention.

Halacha and the Fallen Rabbi: Q&A with Rabbi Hershel Schachter

 https://jewishaction.com/religion/jewish-law/halachah-and-the-fallen-rabbi-q-a-with-rabbi-hershel-schachter/

A: What does one do with the sefarim written by such a rabbi?

RS: They should not be used. Since his sefarim include his ideas and rulings, they fit into the prohibition against studying Torah from someone who is unfit due to his improper behavior. Any time someone writes a sefer, he fleshes out and resolves apparently contradictory passages. This is called being machria—providing one’s own resolutions in Torah study. The type of person we are discussing is not qualified to be machria and, therefore, his sefarim cannot be used. If it can be verified that the sefarim and the halachic rulings were issued before this person’s sinful behavior began, only then can they be relied upon and quoted.

JA: Can we/should we continue to cite divrei Torah in his name?

RS: We are not allowed to do so. The gemara (Avodah Zarah 35b) says that if a rabbi violates halachah, one cannot say divrei Torah in his name. The statements found in the Talmud in the name of Elisha Ben Abuya were made when he was still committed to Torah observance and belief (see Tosafot, Sotah 12b). If it would appear that the books and articles of the fallen rabbi were written before he began his sinful behavior, they may be used.

Amazon's Alexa tells 10-year-old to touch a penny to a live socket

 https://www.jpost.com/omg/article-690168

A 10-year-old was told to touch a penny to a plug socket by Amazon's Alexa voice-controlled intelligent personal assistant software, the child's mother said on Sunday in a now-viral tweet.

Flu vaccine may be less effective due to new strain

 https://www.israelnationalnews.com/news/319526

One of the strains of influenza included in this year's vaccine may have undergone a chance affecting how effective the flu vaccine is against it, Israel Hayom reported.

This week, there was a 65% rise in the number of people diagnosed with influenza who are hospitalized. In the past two weeks, the number of people who arrived at local clinics suffering symptoms of flu has doubled.

This week, 730 people were admitted to hospitals with influenza, and there is concern that due to a drop in the vaccine's efficacy, these numbers will rise even more. According to the Israel Center for Disease Control (ICDC), a total of 1,849 influenza patients have been hospitalized this season, among them 605 children and 124 new and expectant mothers.

Most of the patients were infected with H3N2, or this year's "type A" strain, which is included in this year's flu vaccine. However, the strain has undergone a change, and recently-published research showed that under laboratory conditions, this year's vaccine is now less effective against it.

Dr. Ira Zaretsky, an expert in immunology at the Weizmann Institute of Science, told Israel Hayom, "The increase in infections which we are seeing is not necessarily connected to the vaccine. Nearly every year at this time there is a rise in the number of hospitalizations. Despite the fact that there has been a drop in the vaccine's efficacy, we need to do everything in order to get vaccinated and protect ourselves."

Liberman issues warning to chief rabbi as Knesset vote on conversion reform delayed

 https://www.timesofisrael.com/liberman-issues-warning-to-chief-rabbi-as-knesset-vote-on-conversion-reform-delayed/

Coalition lawmakers on Wednesday postponed a vote on legislation that would reform the Jewish conversion process in Israel, after determining they lacked sufficient support to advance the bill.

The bill’s author, Yisrael Beytenu MK Yulia Malinovsky, met with Religious Affairs Minister Matan Kahana, Intelligence Minister Elazar Stern and Knesset Committee chairman Nir Orbach. The group decided to move forward with a plenum debate on the legislation but to table the vote for another two weeks.

Orbach, fellow Yamina MK Yomtob Kalfon and lawmakers from the Ra’am faction have reportedly decided against supporting the legislation, which would allow for conversions outside the auspices of the Chief Rabbinate by authorizing municipal rabbis to supervise the process.

63 COVID Outbreaks Hit Mississippi Nursing Homes, With Fifth Wave Expected

 https://www.newsweek.com/63-covid-outbreaks-hit-mississippi-nursing-homes-fifth-wave-expected-1664202

 A total of 8,344 cases were reported in the state last week, an 80 percent jump from the week prior, largely due to the spreading of the Omicron variant, according to state epidemiologist Dr. Paul Byers.

"We really are in the fifth wave now of COVID for Mississippi," Byers said during the news conference.

Jury finds Ghislaine Maxwell guilty of sex trafficking a minor for Jeffrey Epstein and four other charges

 https://edition.cnn.com/2021/12/29/us/ghislaine-maxwell-trial-wednesday/index.html

 A jury in a New York federal court has found Ghislaine Maxwell guilty on five of six counts related to her role in Jeffrey Epstein's sexual abuse of minor girls between 1994 and 2004.

Maxwell, 60, was found guilty of five federal charges: sex trafficking of a minor, transporting a minor with the intent to engage in criminal sexual activity and three related counts of conspiracy.

She was acquitted on the charge of enticing a minor to travel to engage in illegal sex acts.

Maxwell, who now faces up to 65 years in prison, showed no reaction when the verdicts were read. Judge Alison Nathan did not set a sentencing date.

Beis Din behaved properly?

 שמואל אליהו  quoted a שואל ומשיב but I saw someone wrote that he says בפירוש  the heter is only to stop damage not punish and not embarrass, which is the opposite of what they were doing

from what I understand, the fact Walder stepped down from all his jobs and his books were banned was enough to stop further cases until a פסק was given. and שמואל אליהו was basically blackmailing him to come to his בית דין and until then he would release recordings and information to embarrass him, and that caused the suicide not the accusations or the ban itself.

Chief rabbi freezes all conversions to Judaism in protest of planned reforms

 https://www.timesofisrael.com/chief-rabbi-freezes-all-conversions-to-judaism-in-protest-of-planned-reforms/

Chief Rabbi David Lau told the prime minister Tuesday that he will not approve any future conversions to Judaism as long as the government continues to advance a plan to ease the process and dilute the Chief Rabbinate’s control over it.

Lau’s move, which drew condemnation and demands that he be fired, came as Religious Affairs Minister Matan Kahana pushes reforms on some key religion and state issues, including conversion and kosher certification.

Kahana’s proposed legislation would allow for conversions outside the auspices of the Chief Rabbinate, authorizing municipal rabbis to supervise the process.

Chief rabbi responds to haredi author's suicide

 https://www.israelnationalnews.com/news/319483

The office of Ashkenazic Chief Rabbi David Lau responded Wednesday to the accusations against author Chaim Walder, and to his subsequent suicide.

The statement followed Rabbi Lau's condolence visit to Walder's relatives, who are currently in their week of mourning following his death.

"The Chief Rabbi's definitive stance was and remains that we must not ignore every harassment or injury," his office said. "These acts must be uprooted and eradicated completely. In any case when there is a hint of an indecent act or harassment, there is an obligation to complain to the authorities in charge of these issues, and not hide it."

"In addition, in his position as President of the Rabbinical High Court, the Rabbi is aware of these problems and is working to eradicate them. These things have been said at many conferences which deal with the issue, and the Rabbi will continue to repeat it at every opportunity. The Rabbi's heart is with all those who were hurt, and he will do everything in order to help them."