Tuesday, June 23, 2020
Tamar Epstein's heter: A summary of the case
A guest post
בקש שלום ורדפהו
There is a fire[1] raging in the Jewish world. From Eretz Yisrael to the US, from the Edah Hachareidis to Yeshiva University, there has been wall-to-wall condemnation of a psak that was given to an eishes ish to remarry without a get, and her subsequent remarriage.
Here are the undisputed facts:
Dr. David Epstein was an active supporter of the Talmudical Academy of Philadelphia[2]. He was close to the roshei hayeshiva, especially Rav Shmuel Kamenetzky, and later Rav Sholom Kamenetzky.
When his daughter Tamar left her husband Aaron Friedman, it was the Kamenetzkies who rallied for her support. A seruv of the Aggudas Harabbanim against Mr. Friedman was uncharacteristically signed by Rav Shmuel, although he is not a member of that Bais Din, simply because he was active in the case.
The parties brought their case before the BD of Baltimore. At one point they left BD and ended up in court. The BD insists that the case is still pending and retains jurisdiction on it.
Later, after a protracted campaign - spanning over five years – to pressure the husband to give a get was unsuccessful, a new idea arose: to nullify the marriage based on mekach ta'us[3]. Subsequently, it was announced that "Tamar is Free", and about two months ago she married one Adam Fleischer. When it became known that the mesader kiddushin was Rav Nota Greenblatt of Memphis, he was questioned by Rav Aharon Feldman as to the basis for the heter.
Although many suspected that Rav Shmuel and Rav Sholom were somehow behind the heter, and at the very least supported the heter, they insisted all along that they had nothing to do with the heter. When approached by Rav Aharon Feldman and others, Rav Shmuel wrote a clear declaration "I was never matir…" All the blame was put on Rav Nota.
However, the documents speak for themselves. The paper trail of this saga is available on the internet. Although Rav Shmuel was indeed not matir her to marry without a get[4], he did advise her to go to Rav Nota Greenblatt to be matir.[5] Rav Sholom wrote letters to many rabbanim, detailing the grounds for annulling the marriage. As far as is publicly known, only one posek, Rav Nota Greenblatt, was matir and even officiated at the marriage ceremony.
Rav Nota Greenblatt has told a number of people, and penned a letter to assert that, never did he independently investigate the facts relating to the husband's condition that were the premise for the mekach ta'us, nor was he ever informed that a Bais Din had been involved, a factor that he says might have precluded him from getting involved. Even the psychiatric report, so crucial to the basis of the heter, was not properly read by Rav Nota. All fact-finding in this case was supplied by Rav Sholom Kamenetzky, upon whom Rav Nota relied blindly.
Rabbi Mordechai Willig tried numerous times to reach Rav Sholom unsuccessfully. Rav Chanoch Saltz spoke to Rav Sholom, who told him that he refuses to discuss the case with anyone who has negius, only with someone like Rav Dovid Feinstein.
According to Rav Sholom's family, Rav Dovid told Rav Sholom that Rav Nota is a bar-samcha. However, this only helps if the question is halachic. Rav Nota, however, is claiming that the facts were never determined by him, but by Rav Sholom. What does it help that Rav Nota is a bar-samcha if he was not the one who determined the facts?
It is clear from Rav Sholom's letters to Rav Nota that:
1. More than merely "sending the woman to Rav Nota", he actively pursued Rav Nota until he procured from him a heter in writing.
2. He writes clearly that his father saw all that he had written as a basis for the heter, and "approved him to sign his name", which clearly gave the impression to Rav Nota and others that Hagaon Rav Shmuel was already mattir.
3. Rav Nota in his first letter to Rav Sholom writes that he understood that Rav Sholom was relaying a message from Rav Shmuel to state his opinion on the matter. Rav Nota in his reply is clearly being "mitztareif" to other "baalei horaah" who are matter. This indicates that Rav Nota was under the impression that Rav Shmuel was mattir and was only approaching Rav Nota to be "mitztareif".
The obvious conclusion from this should be that Rav Nota was mattir only based on the facts provided him by Rav Sholom, and only because he understood that Rav Shmuel was mattir.
Another important point: Rav Sholom wrote specifically to Rav Nota that "it has already been paskened that he must give a get", an extremely controversial assertation, considering that the Baltimore Bais Din, the only BD accepted by the parties, refused and still refuses to pasken such. Rav Sholom is referring to a psak written by the Agudas Harabbanim, at the request of Rav Shmuel, against all standard halacha, to write such a psak without having met the husband.
The question now is:
Rav Shmuel is either mattir or not. If he is matter, let him come out and say so, and let him explain what he meant when he insisted all along, and even put it in writing that he was never mattir[6]. If he is not mattir, then he should say that clearly too, so that Rav Nota can then decide if he wants to retract from his heter or not.
The same is for Rav Sholom. He should either:(a) deny Rav Nota's claims that Rav Sholom, and only Rav Sholom, determined the facts upon which the psak is based,(b) acknowledge that he determined them and accept responsibility for the psak,(c) shift the blame for the fact-finding on someone else whom he relied on.
But hiding is not going to work.
Rav Nota has been forthcoming; Rav Shmuel and Rav Sholom is hiding. Whom do we believe?
Whoever can must ask the Kamenetzkys and anyone else who has an influence over Tamar:
1. Where is the maaseh bais din and gvias edus establishing that she is muteres?
2. Who met the husband and established his mental condition?
3. Who determined that this mental condition existed before the marriage?
4. Why did tamar never mention Aaron's mental health disorders in Bais Din, or in court, when she could have challenged his custody rights based on mental illness?
5. Where is the makom igun that warrants such an extreme and rare psak according to the Igros Moshe, when the sole bais din that was agreed upon by the parties never paskened that he is obligated to give a get?
6. Was she savra v'kibla?
7. Why did Rav Shmuel lead this poor woman to do such a foolish move which would predictably end in such controversy, making her problems even greater than before?
How can we remain silent, when the Torah is being undermined by those who are supposedly protecting her? Is the Torah any less an agunah than Tamar?
[1] See Mishlei 6:27-29
[2] Philly.com archives
[3] According to Rabbi Willig, the idea was the brainchild of her lawyer Goldfein.
[4] As he has insisted numerous times, and even wrote (see below).
[5] Heard from a Kamenetzky family member
[6] Bearing in mind that a talmid of Philadelphia who cheats on his Regents exam is expelled because a shakran is the worst.
As President Trump Rails Against Mail-In Voting, Many of His Senior Advisors Have Repeatedly Used It
https://time.com/5857524/trump-advisors-mail-in-voting/
While instances of voter fraud are rare, Trump’s campaign seized on
recent news stories detailing how a Philadelphia election judge recently
pleaded guilty to stuffing ballot boxes in exchange for bribes between
2014 and 2016.
Pollster Nate Silver says Trump can 'absolutely win' 2020 election despite dive in polls
https://www.foxnews.com/media/pollster-nate-silver-trump-can-win-2020-election
He stressed, though, "I want to be really clear, Trump can absolutely
win reelection. But he definitely has his work cut out for him.”
Ultra-Orthodox push for closure of synagogues for fear of 2nd virus wave
https://www.ynetnews.com/article/BkK113L0aU
In an interview with the Ynet studio, Rabbi Shimon Ragovi, chairman of the Mazor organization - which offers medical counseling, guidance, and information – voiced a plea to close down houses of prayer to minimize virus fatalities.
Trump signs order expanding immigration restrictions to include H-1B, other guest-worker programs
https://www.foxnews.com/politics/trump-order-expanding-immigration-restrictions
“There are an unprecedented number of Americans who are out of work,
but we are also expecting to see an unprecedented growth in our
economy,” a senior administration official told Fox News on Monday. “In
order to ensure that we are hiring Americans first, we are putting a
pause on certain non-immigrant visas into the United States, again for
the purpose of ensuring that Americans can get jobs here in the U.S.”
The order was criticized by big companies, like Twitter.
"This
proclamation undermines America’s greatest economic asset: its
diversity. People from all over the world come here to join our labor
force, pay taxes, and contribute to our global competitiveness on the
world stage,” Twitter said in a tweet.
Tech companies slam Trump's executive order restricting work visas
https://edition.cnn.com/2020/06/22/tech/executive-order-trump-immigration-tech/index.html
Silicon Valley is pushing back against President Donald Trump's latest immigration curbs, this time targeting visa programs that tech companies use to bring in thousands of skilled foreign workers.
Trump signed an executive order
on Monday expanding restrictions on several work visas until at least
the end of this year, including the L-1 visa that allows companies to
transfer employees from overseas offices and the H-1B program for
workers in specialty occupations.
Both visas are popular with the United States' tech giants, and many were quick to condemn the executive order.
Trump's pandemic failing is now directly impacting his campaign
https://edition.cnn.com/2020/06/23/politics/donald-trump-coronavirus-campaign-testing/index.html
The President's response to a miserable
48 hours was typical -- an all-out attack. His targeting of Biden and
the Democrats, demonstrating his ferocious tenacity in a way that also
hinted at concern in his inner circle.
Trump fired off a series of searing claims on Twitter -- that have no basis in fact
-- that mail-in voting being considered by many states will lead to
massive fraud and foreign interference in November's election.
Seattle to end police-free protest zone after shootings
https://www.bbc.com/news/world-us-canada-53146258
Seattle's mayor has said the city
plans to take back a district that is being occupied by armed
protesters, after three people were shot at the weekend.
Monday, June 22, 2020
John Bolton: Jared Kushner is the most powerful person in Trump's White House
https://www.salon.com/2020/06/22/john-bolton-jared-kushner-is-the-most-powerful-person-in-trumps-white-house/
Former Trump national security adviser John Bolton revealed in an interview with ABC News broadcast Sunday that the most powerful person in the White House was Jared Kushner, the president's son-in-law.
"Next to the president, who held the most power in the White House?" ABC News' Martha Raddatz asked Bolton.
"It varied from time to time," Bolton responded. "The sustained answer to that question . . . is Jared Kushner."
Top NYC Prosecutor, Who Led Investigation of Trump Allies, Steps Down After Feud With Justice Department
https://time.com/5856478/justice-department-berman-barr-trump-allies-refuses-resign/
An extraordinary standoff between the Justice Department and
Manhattan U.S. Attorney Geoffrey S. Berman ended Saturday when the
prosecutor agreed to leave his job with an assurance that his
investigations into allies of President Donald Trump would not be
disturbed.
The announcement capped two days of conflicting
statements, allegations of political interference in prosecutions, and
defiance from Berman. On Saturday, Attorney General William Barr said
Berman’s refusal to resign under pressure prompted Trump to fire him.
Trump tried to distance himself from the dispute, telling reporters the
decision “was all up to the attorney general.”
Florida’s Covid-19 surge shows the state's reopening plan is not working
https://www.theguardian.com/world/2020/jun/20/florida-covid19-surge-reopening-governor-desantis-coronavirus
As counties end the second week of Governor Ron DeSantis’ ‘safe,
smart, step-by-step’ policy, the state marks a record high in daily
cases
Florida closing in on 100,000 coronavirus infections after adding 3,494 cases Sunday
https://www.tampabay.com/news/health/2020/06/21/florida-closing-in-on-100000-coronavirus-infections-after-adding-3494-cases-sunday/
Florida’s coronavirus cases continued to climb Sunday, with the number of people infected nearing 100,000.
The
daily update, released by the state Department of Health, reported an
additional 3,494 new cases on Sunday. Combined with a surge of nearly
4,700 new cases reported Saturday, the number of positive coronavirus
infections in Florida now sits at 97,291.
Mismanaging the US Economy: How Trump Defeats Himself
https://www.theglobalist.com/united-states-donald-trump-coronavirus-pandemic-covid19-unemployment-2020-presidential-elections/
Whatever Donald Trump’s grievous failings on fact-based, empathetic leadership or his various failures on managing the coronavirus pandemic
and displaying compelling leadership by mitigating racial division, it
is another lost opportunity that is the only one that is truly
surprising.
Trump’s economic short-sightedness
Trump’s failure to craft an effective economic response to the COVID
19 pandemic is extremely short-sighted for a politician who is otherwise
so focused on the importance of a solid economic performance.
But Trump’s real challenge is the separate and far more consequential
erosion of public confidence in his skills as ship’s captain.
The odds that Mr. Trump can convince voters to book tickets on a
second voyage he would command yet again despite careening the previous
one onto the rocks are diminishing
Bolton, in interview, says Democrats 'almost as bad and somewhat equivalent to Trump'
https://www.foxnews.com/politics/john-bolton-interview-democrats-trump-abc
Former national security adviser John Bolton warned in an interview airing Sunday night that President Trump's White House poses a "danger for the republic" -- but cautioned that congressional Democrats were "almost as bad" in their efforts to unseat him from office, which Bolton called a "partisan catfight."
Trump's 'kidding' on testing exposes his negligence as virus spikes
https://edition.cnn.com/2020/06/22/politics/donald-trump-coronavirus-testing-tulsa-rally/index.html
Trump has meanwhile also helped to turn the wearing of masks, which is proven to slow transmission of the disease, into a culture war issue. And his rally in Oklahoma on Saturday night was a rebuke of the notion of social distancing -- even though, ironically, his smaller-than-expected
crowd would have made such practices possible. Health experts warn that
spikes in infections in states like Florida and Arizona -- both of
which recorded new highs in daily infection rates over the weekend --
are being driven by the public's waning willingness to avoid large
gatherings and a reticence to wear masks.
The
President's poor example represents a typical effort to divide
Americans and highlight divisions over specific issues for his own
political gain. But in the long run, apart from putting thousands of
lives at risk, it is counterproductive, since a more stringent effort to
avoid rises in infections as states open up would likely promote the
fast economic recovery on which Trump is banking a reelection campaign
that has slipped into trouble in recent weeks.
הגר"ח קנייבסקי: מי שעוטה מסכה מקיים את דברי המשנה ברורה
https://www.kikar.co.il/364651.html
מגיד המישרים הגר"ש לוינשטיין, הסביר בשיעורו השבוע, את דברי מרן הגר"ח קנייבסקי, מדוע יש חובה הלכתית לעטות מסכה ביציאה מהבית, על פי הפסק של החפץ חיים. צפו
מגיד המישרים הגר"ש לוינשטיין, הסביר בשיעורו השבוע, את דברי מרן הגר"ח קנייבסקי, מדוע יש חובה הלכתית לעטות מסכה ביציאה מהבית, על פי הפסק של החפץ חיים. צפו
Sick staff and empty seats: How Trump's triumphant return to the campaign trail went from bad to worse
https://edition.cnn.com/2020/06/21/politics/trump-campaign-trail-coronavirus/index.html
By the time he strode out to the strains
of Lee Greenwood on Saturday evening into a partially-full Bank of
Oklahoma Center, the event had devolved from a triumphant return to the
campaign trail after a 110-day pandemic-forced absence
into something else altogether. The launch of a new assault on former
Vice President Joe Biden fizzled, replaced by recycled grievances and
race-baiting. The sparse crowd was a reminder that many Americans, even
Trump's supporters, remain cautious of a pandemic that continues to rage
in places like Oklahoma, where cases are spiking, even if Trump is
ready to move on.
Sunday, June 21, 2020
Bolton: Dermer said Trump’s Syria withdrawal - ‘worst day’ of Trump admin
https://www.jpost.com/middle-east/bolton-dermer-said-trumps-syria-withdrawal-worst-day-of-trump-admin-632262
Ambassador to the United States Ron Dermer
told John Bolton that the sudden decision by US President Donald Trump
in December 2018 to withdraw from Syria was the “worst day he had
experienced thus far in the Trump administration.” Threatened and
enticed by Turkey’s President Recep Tayyip Erdogan into leaving Syria,
the Trump administration ignored concerns by allies in the Middle East
and Europe, according to the former National Security Advisor’s account.
The Trump decision to withdraw from Syria caught almost everyone by
surprise in December 2018. The war on ISIS was going well and US
partners in eastern Syria, the Syrian Democratic Forces, made up of
Kurdish, Arab and Christian fighters, were stabilizing the areas
liberated from ISIS. Turkey’s threats to invade would overturn
everything the US had accomplished. There were other concerns. The US
maintained a base at Al-Tanf in Syria near the Jordanian border. This
base helped keep the Syrian conflict from harming Jordan. Bolton wanted
to confront Iran and saw the US presence in Syria as part of the “big
picture” of stopping Iran. He writes that if the US abandoned the Kurds
in eastern Syria then former US partners would have to “ally with Assad
against Turkey” or be ethnically cleansed as Turkey had already done to
Kurds in Afrin after a January 2018 invasion. Bolton understood that
eastern Syria was a huge piece of leverage against the Assad regime,
where Turkey’s main interest in Syria wasn’t confronting Iran or ISIS,
but fighting Kurds.
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