Tuesday, March 17, 2009
When is a forced act considered volitional?
Monday, March 16, 2009
Abuse - Parents protest plea bargain
Preschool teachers Sami and Leah Tubias confessed and were convicted of abuse on Sunday in the Jerusalem District Court as part of a plea bargain. However, parents of children they abused in Jerusalem's Gilo neighborhood were anything but satisfied with the conviction.
"To our great sorrow, despite the determined opposition of the parents and the Movement for the Safety of the Young Child, the plea bargain was signed and the clauses regarding assault were removed, even though there is video documentation of terrifying instances of assault by the couple," wrote Lilly Boxman in the name of the Movement for the Safety of the Young Child and a number of parents whose children were enrolled in the Gilo preschool.
"The plea bargain is absurd and wrong and mostly does a great injustice to the parents, the children, and anyone who plans on sending their children to preschool," she wrote.
According to the final indictment, "the accused psychologically abused the children, while hitting children in the preschool from time to time in front of their friends, yelling, threatening and creating terror among the children."
The abuse, first documented on camera by Rafi Ginat in his popular Kol Botek investigative television series, included multiple incidents of physical violence. The indictment included one instance in which Leah Tubias grabbed a four-year-old boy by the arm, waved him in the air and then forcefully sat him in a chair in front of the others.[...]
Friday, March 13, 2009
Conversion - Schism between Modern Orthodox Rabbis
Rabbi Avi Weiss and the left wing of Modern Orthodoxy versus the RCA on geirus reveals schism among American Modern Orthodox rabbis.
It's not just about Rabbi Bomzer.
This must result in two official American Modern Orthodox rabbinates which already exhists de facto, with Rabbis Avi Weiss, Saul Berman, (of Yeshiva Chovevei Torah), Marc Angel and Shlomo Riskin heading the left wing versus the Centrists headed by Rabbi Hershel Shechter and the YU and RCA establishment that has ties to the Israeli Chief Rabbinate.
"RCA Backtracks On Conversion Policy
by Rabbi Avi Weiss
A year ago, in a Jewish Week dialogue of Opinion pieces, I criticized the Rabbinical Council of America’s (RCA) new conversion standards [see "Agreement elevates the elite, weakens rabbis in the trenches" article below] as it “scrutinizes” conversions performed before their new system was put into place.
Writing in defense of the RCA, the chairman of its Geirus (Conversion), Policies and Standards (GPS) committee, strenuously objected to my position, stating that “it is important to emphasize that nothing in this system is designed to change anyone’s previous status as a convert” (The Chief Rabbinate - RCA Deal: Two Views,” March 7, 2008).
I know now firsthand that I was, unfortunately, correct, as the RCA has refused to affirm a conversion that I, together with two other rabbis, performed. To make matters worse, the RCA made its ruling without notifying or consulting me or any other member of the converting Beit Din (Rabbinic Tribunal).
The case involved a young woman who attended my synagogue’s supplementary Jewish Youth Encounter Program (JYEP). This is not an unusual case as, over the years, the JYEP has had a profound impact on the religious lives of hundreds of young men and women. Subsequent to the conversion, this woman fell in love with a man whose rabbi turned to the RCA to validate her conversion. The RCA refused to do so, insisting that for its validation, the young women needs to convert once again. This refusal to validate without reconversion is being interpreted by the community, in the current climate (created by the GPS), as an invalidation of this convert’s Jewish status. [... ]
Past 2008 article from Jweekly.com:
"Agreement elevates the elite, weakens rabbis in the trenches
Friday, March 7, 2008 | by rabbi marc angel & rabbi avraham weiss | opinions
The Chief Rabbinate of Israel and the Rabbinical Council of America have concluded an agreement related to conversion that will allow the two groups to work together. This solves a problem that reached its peak when Israel's Sephardic chief rabbi, Shlomo Amar, announced in April 2006 that he would no longer automatically recognize conversions performed by rabbis belonging to the RCA, the main union of Orthodox rabbis in America. [...]
Abuse - sex offender kills despite GPS monitor
Darrin Sanford, 30, was one of several homeless people living near the field in an abandoned home slated for demolition, police said.
He was convicted in 1998 of communicating with a minor for immoral purposes and luring minors with sexual motivation; he was sentenced to probation, said a Clark County sheriff's report. When he was released from jail in January, following a November probation violation, Sanford was fitted with a global positioning tracking unit on his ankle, according to the Washington Department of Corrections. Learn more about the device Sanford wore »
Sanford was wearing the device seven weeks later when he tried to rape Licy before beating and stabbing her in a field a couple of blocks from the street where she lived, according to police. [...]
Thursday, March 12, 2009
Obama gets low grades from Economists
U.S. President Barack Obama and Treasury Secretary Timothy Geithner received failing grades for their efforts to revive the economy from participants in the latest Wall Street Journal forecasting survey.
In striking contrast to President Obama's popularity with the public, a new Wall Street Journal survey of economists gives the president and his treasury secretary failing grades. WSJ's Phil Izzo and Kelly Evans discuss.
The economists' assessment stands in stark contrast with Mr. Obama's popularity with the public, with a recent Wall Street Journal/NBC poll giving him a 60% approval rating. A majority of the 49 economists polled said they were dissatisfied with the administration's economic policies.
On average, they gave the president a grade of 59 out of 100, and although there was a broad range of marks, 42% of respondents rated Mr. Obama below 60. Mr. Geithner received an average grade of 51. Federal Reserve Chairman Ben Bernanke scored better, with an average 71.
The economists, many of whom have been continually surprised by the depth of the downturn, also pushed back yet again their forecasts for when a recovery would begin. On average, they expect the downturn to end in October. Last month, they said the bottom would arrive in August. They estimate that U.S. gross domestic product will continue to contract in the first half of this year, with slow growth returning in the third quarter.
Economists were divided over whether the $787 billion economic-stimulus package passed last month is enough. Some 43% said the U.S. will need another stimulus package on the order of nearly $500 billion. Others were skeptical of the need for stimulus at all.
However, economists' main criticism of the Obama team centered on delays in enacting key parts of plans to rescue banks. "They overpromised and underdelivered," said Stephen Stanley of RBS Greenwich Capital. "Secretary Geithner scheduled a big speech and came out with just a vague blueprint. The uncertainty is hanging over everyone's head."
Mr. Geithner unveiled the Obama administration's plans Feb. 10, but he offered few details, and stocks sank on the news. The Dow Jones Industrial Average is down almost 20% since the announcement, as multiple issues have weighed on investors' confidence. The Treasury secretary has since appeared before Congress and offered more specifics but has said action on key parts of the plan still is weeks away.
About the Survey
The Wall Street Journal surveys a group of 54 economists throughout the year. Broad surveys on more than 10 major economic indicators are conducted every month. Once a year, economists are ranked on how well their forecasts have fared. For prior installments of the surveys, see: WSJ.com/Economist.
"We have taken an unprecedented level of action toward economic recovery, accomplishing in weeks what took other countries years to do," Treasury spokesman Isaac Baker said. "While Wall Street and investors were disappointed when they didn't get a sweeping bank bailout, we've laid out a plan to stabilize the financial system while protecting the taxpayer and ensuring government funds are spent wisely. This crisis was years in the making, and it will take time to solve." [...]
Abuse - extend statute of limitations?
Roman Catholic and Orthodox Jewish officials in New York are mounting an intense lobbying effort to block a bill before the State Legislature that would temporarily lift the statute of limitations for lawsuits alleging the sexual abuse of children.
A perennial proposal that has been quashed in past years by Republicans who controlled the State Senate, the bill is now widely supported by the new Democratic majority in that chamber, and for the first time is given a good chance of passing.
If signed by Gov. David A. Paterson, a longtime supporter, the bill would at minimum revive hundreds of claims filed in recent years against Catholic priests and dioceses in New York, but dismissed because they were made after the current time limit, which is five years after the accuser turns 18. Similar legislation has passed in Delaware and in California, where a 2003 law led to claims that have cost the church an estimated $800 million to $1 billion in damages and settlements.
The rekindled prospects of the New York bill, known as the Child Victims Act, come at a delicate juncture for the Archdiocese of New York, the nation’s flagship see, where Cardinal Edward M. Egan is scheduled to hand over the reins in April. His successor, Archbishop Timothy M. Dolan of Milwaukee, was so hard hit by settlements for past abuse by priests in that archdiocese that he was forced to put its headquarters up for sale.
“We believe this bill is designed to bankrupt the Catholic Church,” said Dennis Poust, spokesman for the New York State Catholic Conference, a group representing the bishops of the state’s eight dioceses. He said that Cardinal Egan and Bishop Nicholas A. DiMarzio of Brooklyn visited Albany this week to voice their opposition, and that a statewide network of Catholic parishioners had bombarded lawmakers via e-mail.
But while the Catholic Church is leading the opposition, in recent months a loose coalition of disparate groups has also joined the effort. They include leaders of the Hasidic and Sephardic Jewish institutions in Brooklyn, which could face equally costly abuse claims. The New York Civil Liberties Union and the criminal defense bar oppose lifting statutes of limitation as unfair to the accused, who must defend themselves against claims of transgressions decades old.[...]
Tuesday, March 10, 2009
R' Slifkin's defense of Gedolim
I have been having an exchange with Shlomo M [on this post] who asserts that gedolim are not aware that the majority view is that Chazal made mistakes in Science. I have asserted that they are fully aware of these views but have a different understanding of these critical views of Chazal by major rabbinic figures through the ages. Furthermore Shlomo M. assumes that only a "rationalistic" view is identical with truth - which it is not.
Shlomo M. said...
===============Rav Soloveitchik had no interest in these matters. Rav Kamenetzky was quite naive and probably thought that it was an aberrant (but legitimate) view. The Lubavitcher Rebbe was totally irrational in these things, he said that Rishonim who said that Chazal were mistaken in science, didn't really believe it and wrote it for kiruv! On the other hand, R. Hirsch and R. Herzog z"l, who had expertise in this area, considered that which you call "R. Avraham ben HaRambam's view" to be the normative view.Who do you mean by "contemporary Gedolim"? Charedim? Even those who are aware of this shittah, don't realize how widespread it was. They are quite unaware of the rationalist school of thought. (The same is probably true for the view that there is no such thing as gilgulim.)
Daas Torah responded:
In other words you are saying that most if not all contemporary gedolim were totally unaware of these mainstream sources or their ignorance of philosophy prevented them from noticing it. But that R' Slifkin was able to discern that this is in fact the majority view.Your understanding of gedolim is outrageous. Rav Soleveitchik didn't care?! He wasn't interested in truth!? Rav Yaakov was naive?! the Lubavitcher Rebbe was irrational?? Chas v'shalom. Do you think that Rav Lichenstein would say such a thing or even think it? Does R' Slifkin think that his powers of discernment are greater than all these gedolim?Thus we are faced with three possibilities. 1) Gedolim don't know how to learn as well as R' Slifkin 2) Gedolim are aware of this view but are afraid to say it because of fear of kanoim 3) there is an alternative way of understanding what these sources mean.
I assume your view is number 1 or 2.I'll stick with number 3. Obviously gedolim are familiar with these sources but their understanding of them is different than yours.
===============================
Of no less concern to my opponents is that the rationalist approach is not only wrong, but dangerous. In this, they are displaying sensitivity to a very real concern. The zealots who engineered the campaign against my books attained signatures by telling the Gedolim about how my books were causing harm, and about the angelic yeshivah student who read the books, dropped out of yeshivah and went off the derech. As it happens, I investigated the case and discovered that the student in question dropped out of the yeshivah and went to YU! I certainly don’t know of anyone who was harmed by my books, whereas I know of hundreds of people whose faith and Judaism was strengthened by them. But I definitely agree that there are potentially many people who could be harmed by my books. You don’t go into Mea She’arim and start teaching them about dinosaurs and evolution – it will rock the foundations of their world. And if someone has spent his entire life in an insular community, was taught to revere absolutely everything in the Talmud as the word of God, and has no knowledge of science that would lead him to doubt this, it would shake his faith terribly to learn of great Rishonim who said otherwise. Now, I don’t believe that such people ever read any of my books, at least not before they were banned. But I can certainly understand that books which are written by a graduate of mainstream yeshivos and published by a well-known Orthodox publisher, complete with prestigious rabbinic endorsements, can be perceived as targeting such an audience.
Furthermore, the rationalist approach innately involves dangers. It opens a Pandora’s Box; while issues such as evolution and Talmudic science can be resolved, other challenges, such as those from archeology and academic Biblical scholarship, are vastly more problematic. And in the long run, rationalism can have disastrous consequences. As Paul Johnson notes in A History of the Jews, Rambam “laid dangerous eggs which hatched later… he brought a confidence in the compatibility of faith and reason which fitted his own calm and majestic mind but which was in due course to carry Spinoza outside Judaism completely.” Of course, the anti-rationalist approach carries its own dangers – people who have their questions stifled, or who discover that they are being fed false information, will be resentful and rebel – but communities are entitled to choose which risks they wish to deal with.
But even if the Gedolim personally oppose the views of the rationalist Rishonim, don’t they have to respect their right to be taught? Absolutely not. Every community has the right to choose its own educational approach, and to select its own leaders who will make such decisions. The charedi community has the right to choose to submit to the directives of the rabbanim that they consider to be the Gedolim (albeit that there is no basis for asserting that the entire Jewish People is obligated to listen to them). And they have the right to say that they oppose the rationalist school of thought and that they wish to exclude it from the curriculum. When challenged with the question that Rambam’s Guide of the Perplexed contains the same unacceptable views as my books, Rav Elyashiv replied that if someone were to publish a contemporary edition of the Guide that was actually readable, he would equally oppose it. This is a perfectly legitimate and understandable position. In the same way as Rambam had the right to oppose the mystical and superstitious approach that he disapproved of and which was harmful for his community in Egypt, his opponents had the right to oppose his rationalist approach that was unsettling for their communities in France."
Abuser from Meah Shearim convicted
Ynet:
The Jerusalem District Court found Avraham Katz (40) an ultra-Orthodox man from the Meah Shearim neighborhood in the capital guilty of three counts of sodomy and indecent assault against minors.
Monday's somewhat unusual conviction was secured after members of the ultra-Orthodox community filed a police complaint against the man – a rare move by itself in a community which usually deals with such acts within itself.
The indictment against Katz details three cases, which took place in mid 2006, December of 2007 and May of 2008. According to all three accounts, he would approach teenaged boys, lure them to accompany him and once they were alone he would touch them in various ways for his own sexual gratification, sodomizing at least one of his victims as well.[...]
Homosexual Adoption
YNet:
Two years after petitioning court to allow them to adopt child they have been fostering since 1995, Prof. Uzi Even and Dr. Amit Kama can now officially call Yossi their so
The Ramat Gan Family Court set a precedent Tuesday after allowing a gay couple to finally adopt their foster son after 14 years.
Prof. Uzi Even and Dr. Amit Kama have been serving as foster parents to Yossi Even-Kama, 30, since 1995.
"The court finds that all of the stipulations noted in the adoption laws and pertaining to the foster child in question have been duly met," Justice Alisa Miller noted in her ruling. "I hereby grant the adoption decree and state that Yossi Even-Kama is now Uzi Even and Amit Kama's son."
Yossi first arrived at the Even-Kama home in 1995, after being disowned by his family for being a homosexual. Even and Kama soon petitioned the Israeli Social Services to become his foster parents, and when their request was granted they also became Israel's first-ever gay couple to be recognized as a foster family. [...]
Free-will & Compulsion
Rav Tzadok(Tzedkas HaTzadik 43): There are times when a person is presented with such a great test that it is impossible that he should not sin. This is described in Berachos (32a): “How could the son not sin?” This is considered an overwhelming force and the Torah says he is exempt. Also there are times when the yetzer harah seduces with such overwhelming force that it can’t be defeated. This is also described as beyond free‑will (onas). If G‑d twists a person’s heart so that he sins - that is not considered a sin at all since it was G‑d’s will. Look at what it says in Kesubos (51b) in reference to a woman being raped and she protests strongly but at the end she says that the experience was so pleasurable she would have even paid for it. Nonetheless the gemora says she is still permitted to her husband because her lust was aroused so strongly she had no free will. She is not punished even though it is prohibited – because she was forced. However a person cannot testify on himself that he didn’t have free‑will. That is because it is still possible that he did have the power to control his desires. I heard this in regard to Zimri who erred in this matter.
Monday, March 9, 2009
Declining influence of religion in America
Fifteen percent of respondents said they had no religion, an increase from 14.2 percent in 2001 and 8.2 percent in 1990, according to the American Religious Identification Survey.
Northern New England surpassed the Pacific Northwest as the least religious region, with Vermont reporting the highest share of those claiming no religion, at 34 percent. Still, the study found that the numbers of Americans with no religion rose in every state.
"No other religious bloc has kept such a pace in every state," the study's authors said. [...]
while the number of Jews who described themselves as religiously observant continued to drop, from 1.8 percent in 1990 to 1.2 percent, or 2.7 million people, last year. Researchers plan a broader survey on people who consider themselves culturally Jewish but aren't religious
Islam -Religion of Peace
Wall Street Journal reports:
by Tawfik Hamid (a former member of an Egyptian Islamist terroristgroup, is an Islamic reformer and senior fellow at the Potomac Institute for Policy Studies.)
The film "Fitna" by Dutch parliament member Geert Wilders has created an uproar around the world because it links violence committed by Islamists to Islam.
Many commentators and politicians -- including the British government, which denied him entry to the country last month -- reflexively accused Mr. Wilders of inciting hatred. The question, however, is whether the blame is with Mr. Wilders, who simply exposed Islamic radicalism, or with those who promote and engage in this religious extremism. In other words, shall we fault Mr. Wilders for raising issues like the stoning of women, or shall we fault those who actually promote and practice this crime?
Many Muslims seem to believe that it is acceptable to teach hatred and violence in the name of their religion -- while at the same time expecting the world to respect Islam as a religion of peace, love and harmony.
Scholars in the most prestigious Islamic institutes and universities continue to teach things like Jews are "pigs and monkeys," that women and men must be stoned to death for adultery, or that Muslims must fight the world to spread their religion. Isn't, then, Mr. Wilders's criticism appropriate? Instead of blaming him, we must blame the leading Islamic scholars for having failed to produce an authoritative book on Islamic jurisprudence that is accepted in the Islamic world and unambiguously rejects these violent teachings.[...[
So, Islamic scholars and clerics, it is up to you to produce a Shariah book that will be accepted in the Islamic world and that teaches that Jews are not pigs and monkeys, that declaring war to spread Islam is unacceptable, and that killing apostates is a crime. Such a book would prove that Islam is a religion of peace.
Sunday, March 8, 2009
Abuse - false accusations?
Four times the police brought M. from Be'er Sheva to court to extend his remand. The suspicion was grave: rape of a 7-year-old girl in the toilets at her school. Each time the court ordered a remand extension, M. loudly protested his innocence and demanded a polygraph test. He says that in response to his denials, the police would whisper in his ear "You raped her."
It was only in recent days, after 10 days under arrest and a moment before an indictment was filed, that the police and prosecution acceded to his lawyers' pleas and sent M. for a polygraph test. He was found to be telling the truth and was released. The case was then closed for a lack of evidence of sexual assault, save for what the girl had said.
Three days after he was released, M. still finds it hard to calm down. He chain-smokes; one moment he is sunk in thought, the next he gets up and paces around the room hundreds of times, his eyes fixed on the floor. From time to time he spreads his arms out to his sides. Then he leans on the wall, his face in his hands. "I know that I have to be strong and get through this," he says. "I am praying to God to give me strength to raise my children."
He is 38 years old, married and the father of three. He works in the maintenance department of the Be'er Sheva municipality, taking home NIS 4,000 per month. Only two months ago he moved with his family to a private house in Be'er Sheva.
One morning about a month ago a first-grader at the state religious school, a girl, went into the school's only bathroom, for both boys and girls. Three municipal maintenance workers, among them M., were working nearby, installing tables in the new computer room.
According to the girl, as her mother told Haaretz, "She went into the bathroom and she saw this man. He closed the bathroom's main door behind him and she was paralyzed with fear. He pushed her into one of the stalls and sexually assaulted her. Immediately after he satisfied himself, she escaped. She put her clothes on in the corridor. She was running so fast she bumped into the railing and was hit hard in the chest." [...]