Tuesday, March 24, 2009

Religious Jewish soldiers - condemned by secular

JERUSALEM — The publication late last week of eyewitness accounts by Israeli soldiers alleging acute mistreatment of Palestinian civilians in the recent Gaza fighting highlights a debate here about the rules of war. But it also exposes something else: the clash between secular liberals and religious nationalists for control over the army and society.

Several of the testimonies, published by an institute that runs a premilitary course and is affiliated with the left-leaning secular kibbutz movement, showed a distinct impatience with religious soldiers, portraying them as self-appointed holy warriors.

A soldier, identified by the pseudonym Ram, is quoted as saying that in Gaza, “the rabbinate brought in a lot of booklets and articles and their message was very clear: We are the Jewish people, we came to this land by a miracle, God brought us back to this land and now we need to fight to expel the non-Jews who are interfering with our conquest of this holy land. This was the main message, and the whole sense many soldiers had in this operation was of a religious war.”

Dany Zamir, the director of the one-year premilitary course who solicited the testimonies and then leaked them, leading to a promise by the military to investigate, is quoted in the transcripts as expressing anguish over the growing religious nationalist elements of the military.

“If clerics are anointing us with oil and sticking holy books in our hands, and if the soldiers in these units aren’t representative of the whole spectrum of the Jewish people, but rather of certain segments of the population, what can we expect?” he said. “To whom do we complain?”

For the first four decades of Israel’s existence, the army — like many of the country’s institutions — was dominated by kibbutz members who saw themselves as secular, Western and educated. In the past decade or two, religious nationalists, including many from the settler movement in the West Bank, have moved into more and more positions of military responsibility. (In Israeli society, they are a growing force, distinct from, and more modern than, the black-garbed ultra-Orthodox, who are excused from military service.)

In many cases, the religious nationalists have ascended to command positions from precisely the kind of premilitary college course that Mr. Zamir runs — but theirs are run by the religious movements rather than his secular one, meaning that the competition between him and them is both ideological and careerist.

“The officer corps of the elite Golani Brigade is now heavily populated by religious right-wing graduates of the preparatory academies,” noted Moshe Halbertal, a Jewish philosophy professor who co-wrote the military code of ethics and who is himself religiously observant but politically liberal. “The religious right is trying to have an impact on Israeli society through the army.”

For Mr. Halbertal, like for the vast majority of Israelis, the army is an especially sensitive institution because it has always functioned as a social cauldron, throwing together people from all walks of life and scores of ethnic and national backgrounds, and helping form them into a cohesive society with social networks that carry on throughout their lives.

Those who oppose the religious right have been especially concerned about the influence of the military’s chief rabbi, Brig. Gen. Avichai Rontzki, who is himself a West Bank settler and who was very active during the war, spending most of it in the company of the troops in the field.

He took a quotation from a classical Hebrew text and turned it into a slogan during the war: “He who is merciful to the cruel will end up being cruel to the merciful.”

A controversy then arose when a booklet handed out to soldiers was found to contain a rabbinical edict against showing the enemy mercy. The Defense Ministry reprimanded the rabbi.

At the time, in January, Avshalom Vilan, then a leftist member of Parliament, accused the rabbi of having “turned the Israeli military’s activity from fighting out of necessity into a holy war.”[...]

Abuse - Perpetrator as practicing doctor?


A year ago, Sweden’s most prestigious medical school found itself in an international uproar after it unknowingly admitted a student who was a Nazi sympathizer and a convicted murderer, then scrambled to find a way to expel him.

It is hard to imagine how the case could get any more bizarre. But it has.

The 33-year-old student, Karl Helge Hampus Svensson, having been banished from the medical school of the Karolinska Institute in Stockholm on the ground that he falsified his high school records, has now been admitted to a second well-known medical school — Uppsala, Sweden’s oldest university.

New twists in his and another case highlight the difficulties that three of the country’s six medical schools have had in admitting and dismissing students with serious criminal offenses in just the past two years. The cases resonate far beyond Sweden, raising fundamental questions about who is fit to become a doctor.

The circumstances of Mr. Svensson’s admission to Uppsala’s first-year class — reported in January by Swedish news organizations — are unknown, because none of the officials involved will publicly discuss his case. He apparently uses an assumed name — a customary practice for Swedes seeking to remain anonymous because of a personal threat. Last week, Uppsala officials, responding to concerns about Mr. Svensson’s admission, said he had not participated in class work, but did not say why.

In another embarrassing twist, a Swedish newspaper reported last month that much of the verdict and court files regarding Bjorn Soderberg, Mr. Svensson’s murder victim, had been cut out or replaced with blank pages. The police said they had been unable to find a culprit.

And in still another case, a 24-year-old medical student at Lund University was convicted last April of raping a 14-year-old boy while he slept. A district court sentenced the student to two years in prison, but a higher court reduced the sentence to two years’ probation and medical therapy. [...]

Monday, March 23, 2009

Snake Oil vs. Scientific Medicine

Our conference was being held over lunch, but Pat, a middle-aged health-care consultant, did not touch a bite of her food. When I asked if something was wrong, she revealed her lifelong battle with Crohn's disease, an inflammation of the bowels that causes diarrhea and abdominal pain.

I asked what her doctor advised. With some hesitation, she told me she was chiefly being treated by someone she called her "teacher," who helped her use her use qi gong, a Chinese system of breathing and energy exercise, to manage her illness.

She also sees a conventional doctor. But I was struck that this woman, whose job involves ensuring that hospital practices are supported by scientific evidence, had chosen to consult a provider of alternative medicine.

"My teacher looks at me as a whole person," she explained. "He looks at my emotional state, not just my diseased state. . . . He empowers me on how to care for myself. . . . My doctor looks at me just as a disease."

As an MD with two decades of experience, I felt a sense of rebuke. Personally, I am not averse to alternative medicine. Though I was raised and educated in America, I was born in India, where treatments such as ayurveda and yoga originated and where they are perceived as an equivalent method of healing many illnesses. And I use meditation and massage as aids to relaxation.[...]

Convert on beis din for conversion? - Rabbi Broyde


Rabbi Broyde has a typically excellect summary of the subject on the Hirhurim blog. Subject discussed on this blog I II III

Some Final Observations Now That the Summary is Over

It seems to me [and to preempt any questions, I am speaking just for myself and for no organization that I am involved in: neither Emory University nor its law school, nor its law and religion program, nor the Beth Din of America nor the Young Israel where I am the Founding Rabbi necessarily agree with my thoughts] that given since this dispute is without clear precedent, one can say for certain that as a matter of halachic policy it is a bad idea to allow a convert to serve on a bet din.

The rationale for this seems clear. Given the fact that there are many, many eminent poskim who think such a conversion is invalid even bedieved, it would be a terrible disservice to any convert to intentionally staff their conversion panel with such a rabbi. It makes such a conversion invalid according to many poskim for no good reason. An indisputably valid panel is a wise idea in every case and for every convert lechatchila. (This is even more so true in this matter where a hachra’ah based on logical rules seems so hard.)

The intentional decision to place a rabbi who is a convert on a conversion panel is nearly a form of rabbinic malpractice in my view; since so many competent and qualified rabbis are present in our times, why staff a rabbinical court with one whose qualifications are to be questioned as a matter of halacha?

Evil which is turned to good is greater good


Arvei Nachal(#23):
G‑d created man for His honor and in order that there be reward and punishment in this world. This is the result of man having free‑will to do good or evil. However it is impossible to have free‑will unless man himself is a combination of good and evil. It is because of this man has the ability to turn from evil. Therefore when the good overcomes the evil – the evil turns to good and the reward is very great. The Zohar (2:184a) states that good exists only in turning from evil. In other words, even thought the good is inherently good, however the evil which is turned to good has a much higher quality. This is stated in Bereishis Rabbah (9:5): “very good” is referring to death. In other words that evil that is turned to good is very good and it is called “very good”. Consequently this is what G‑d wanted in the creation of man. It is impossible to accomplish this unless man is a combination of good and evil.

R' Yochanon & Raish Lakish - Rabbi Derovan

Rabbi Yochanan and Raish Lakish

Michael Freund of Shavei Israel responds to criticism


Michael Freund, Chairman, Shavei Israel responds to "RaP's criticism of proselytizing in Poland":

I would like to respond to the spurious criticism and outright lashon hara contained in the March 19 post entitled, "RaP's criticism of proselytizing in Poland".

I find it simply incomprehensible that my organization, Shavei Israel, is being labeled as "missionary" and criticized for helping people in Poland to return to their Jewish roots. Had the person who posted this tirade bothered to read the article in Mishpacha magazine in question, they would have seen quite clearly that I am quoted as saying the following: "For those interested in halachic conversion, we send them to the proper rabbinic authorities. For those who just want to learn more, we try to provide them with positive Jewish experiences.” Shavei Israel leaves the halachic aspect of each case to Israel’s Chief rabbinate. “Each case has its own set of evidence, its own level of proof or reliability,” Freund explains. “Is the Jewish line from the mother or the father? What kind of proof is there? These are things for a beis din to decide.”

There it is - in black and white - we leave these matters for a beis din to decide, because as Torah-observant Jews our fidelity is to Halacha and nothing else. We simply refer the people in question to rabbonim, and it is up to them to make the determination. Since when is referring people to a beis din considered "missionary" activity? Since when is respecting Torah law and following it cause for being the target of lashon hara?

Michael Freund
Chairman, Shavei Israel

Sunday, March 22, 2009

Spirtual love vs material love


Meshech Chochma(Vayikra 19:18):
Bereishis Rabba (41:1): A tzadik flourishes like a date palm… Just as a date palm and cedar tree have desires also tzadikim have desires. What are their desires – it is for G‑d…. Rav Tanchum said that there was a date palm in Chamaso which did not give forth fruit. A palm tree gardener passed by and commented that this date tree is longing for palm tree in Jericho. Once the two were grafted it bore fruit. The key to understanding this medrash is from the tradition that the yetzer harah does not have an influence except on which the eyes see (Sotah 8a). Lust for material things only is aroused by what the eye sees and then the heart desires(Bamidbar Rabbah 10:2). Similarly Megila (15a) says that the mere mention of the name of Rachab (who was very beautiful) caused a person to be sexual aroused. But that was only if the person knew what she looked like. However what the eye hasn’t seen the heart doesn’t desire.

In contrast the lust of tzadikim is not that way but comes from the power of the mind… Their desire is solely for spirituality and getting close to G‑d and not for material things. This is stated in Shemos (33:20): No man can see me and be alive. Thus we can understand the lust of the date palm and the cedar tree to which tzadikim are compared. It is not based on material desires. Therefore we see that the date palm had desire for that which it couldn’t see. The tzadik has gained control over his material nature and now has desire for that which can’t be seen – which is G‑d. This is also the proper understanding of “You shall love your fellow man as yourself I am G‑d.” Just as you have been commanded to love G‑d even though He hasn’t appeared before you – similarly you shall love and value every single Jew – even though he is so far away from you that you have never seen him.

Abuse - Jewish Board of Advocates for Children


The Jewish Board of Advocates for Children, Inc. (JBAC) is a new non-profit corporation founded in New York State in 2008.

The founders recognize a need for a new voice to address the pressing issues of the day in yeshiva and nonpublic school education. Those issues include the health, safety and welfare of all children, the spiraling cost of religious and nonpublic school education, and the quality of education.


We are both a think tank and activist organization. Among our initial accomplishments, when we were known as the N.Y.S. Yeshiva Parents Association, was our successful advocacy for a new law authorizing all nonpublic schools to fingerprint and background check their prospective employees. Our schools can now avoid hiring convicted sex offenders and other dangerous persons who should not be working near children. This law became effective July 1, 2007.

Our activities include multi-disciplinary conferences, attended by professionals, community leaders, and all interested persons who possess a fervent wish to make a better world for our children. We seek practical solutions to contemporary challenges.

Our Officers and Executive Committee members are comprised of individuals with strong backgrounds in law, medicine, mental health, education, parenting and mentoring, and the Jewish religion.

Saturday, March 21, 2009

Abuse - Be careful with doctors


Dr. Melvin D. Levine, the North Carolina pediatrician who faces a lawsuit accusing him of molesting young boys during physical examinations, has signed a consent order agreeing that he will never again practice medicine in North Carolina or anywhere else.

In the consent order, approved by the state medical board on Friday, the board said it had been prepared to present testimony that the genital examinations Dr. Levine conducted on five unnamed patients were done outside the presence of a parent or chaperone, were not medically indicated and were either not documented in the medical record or not documented according to prevailing standards.

Until the accusations of sexual molesting surfaced last year, Dr. Levine was a prominent voice in the field of learning disabilities. His books and lectures were acclaimed by teachers and parents.

Dr. Levine, 69, has denied any wrongdoing. He voluntarily suspended his license last April and faces no criminal charges. Although the consent order did not address his guilt or innocence, Thomas Mansfield, the medical board’s legal director, said the order was unusually broad.

“The result of this consent order is that this physician will never examine another patient anywhere in the world,” Mr. Mansfield said. “Rarely do you see one that says never again, in any jurisdiction.”

The order, whose language was negotiated with Dr. Levine’s lawyer, said Dr. Levine had been prepared to present testimony that his examinations were medically indicated and consistent with standard medical practice.

The order also said the board had received many letters in support of Dr. Levine from doctors, educators, former patients and their parents, saying he had been instrumental both in helping students who struggle in school and in “helping teachers and clinicians understand the differences in learning and better manage students whose problems were misunderstood and poorly managed in the past.”

Dr. Levine’s lawyer, Alan Schneider, said, “He continues to adamantly deny the allegations.”[...]

Abuse - Incest - immoral but legal


Associated Press

Surprising as it may seem, incest is not always a crime in Europe.

Three European Union nations — France, Spain and Portugal — do not prosecute consenting adults for incest, and Romania is considering following suit.

The shocking case of Austrian Josef Fritzl, found guilty this week of holding his daughter captive for 24 years and fathering her seven children, has focused new attention on incest — which is a crime in itself in Austria even if the acts are consensual. But in the Fritzl case it was in connection with rape, homicide and other charges that led to a sentence of life in a secure psychiatric ward.

Laws exempting parents, grandparents, brothers and sisters from prosecution for incestuous acts if they are not forced upon adult family members are decades old in France, Spain and Portugal.

In Romania, decriminalizing incest among consenting adults is being considered as part of a wide range of reforms to the country's criminal code. No date has been set yet for a parliament vote on the bill, and opposition to the proposal is fervent even among some lawmakers in the ruling coalition.

Currently all forms of incest in Romania are punishable by up to seven years in prison. But Romania's Justice Ministry suggests the new legislation would move the country — which joined the European Union two years ago — closer legally to some other EU members.

"Not everything that is immoral has to be illegal," said Justice Ministry legal expert Valerian Cioclei. "We cannot help these people by turning them into criminals and punishing them."[...]

Friday, March 20, 2009

Rambam - Faith & Doubt & the study of Science


Daas Torah: "Why don't we try another dichotomy. If you think his [Rambam] belief that studying of science leads to a greater appreciation of G-d is applicable to all times and all places - than you would conclude that he made a major mistake. On the other hand if you view that he only wrote that for his generation then you would assume that he would have abandoned it in our age when we see being a scientist does not produce a better understanding of G-d than studying Torah."


רפאל I do not think that the Rambam would abandon his view. True, he would be shocked by Chilonim studying Science and not finding G-d. But his directives were for Torah Jews. I submit he would be appalled by the intellectual corruption in today's Yeshiva world, in no small part caused by the ignorance of Science, davka after it gave birth to insights into Creation that are without precedent.

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

I think the above exchange demonstrates the gap between the two sides. The Rambam is pictured by my opponents as the Enlightened Man - fearlessly search for truth without regard for the consequence. Urging all men to drop their blinders and no longer fear the Truth which is contained in Science and Philosophy.

This stereotype is simply not supported by the Rambam's own writings. For example the Rambam says that the Morech Nevuchim was not written for everyone. It was specifically written for those who involved in science and philosophy and were bothered by how to integrate the material. Even so he wrote this work with great care - concealing much of his true views as he writes in his introduction. In fact the Rambam was so successfull in concealing what his views were - as manifest by the apparent contradictions between the Moreh Nevuchim and Mishneh Torah - there is no agreement even amongst academics as to the Rambam's true positions on many issues.

Then we have his letters - one of which describes his abandoment of the study of Torah for science and philosophy. Rav Kapach simply says it is a forgery because it is inconsistent with eveything else we know about the Rambam. Then we have the view that the Rambam says that there is no need to study anything besides the Mishneh Torah. Yet he writes in one of his letters that in his yeshiva there was a traditional study of Talmud.

The false fantasy of the Rambam's espousal of fearless search for truth becomes unraveled with his statement that one is not allowed to study works which leads to questions and possible heresy. He says that even a sincere person who is trying to understand Torah - but concludes a view which is heresy - is in fact a heretic.

The Rambam would not walk into Lakewood and knock the shtenders over with the cry - "Go to college and seek the truth - you have nothing to fear!"

One always has to keep in mind the audience for a particular program

A number of years ago Rabbi Dr. Norman Lamm wrote a book "Faith and Doubt" which argued for the positive view of having doubt and having searching questions. However tucked away in a footnote 52 he presents a similar position to the above noting Hilchos Avoda Zara (2:3) which proscribes the study of that which may lead to heresy and hence into doubt. "If one reads the passage in Avoda Zara carefully he will note the author's explanation of and qualifications on his prohibition: the inablity of all kinds of mentality to understand philosophic truth...the emphasis on the fact that this is a general decision to be applied to the masses of people... and to casual unsystematic suty... and the fear that such speculation will be undertaken by those who do not know its fundamental principles and methods... Obviously Maimonides was dealing with two principles which had come into conflict - the duty to know G-d rationally, and the obligation to protect the unsophisticated from spiritual confusion...What, however, if the state of society and culture are such that to follow these rules without deviation would result in wholesale abandonment of faith? Would we be justificed in applying these rules regardless of the effects that were to follow? Obviously not.... In Maimondies' days, most peole were covered by his decision in Hilchos Avoda Zara and the minority of accomplished scholars and sophisticated intellects by the law in Hilchos Yesodei HaTorah. That was how the halacha protected the integrity of the faith. Today there may be pockets here and there of those who will live in self-contained communities without any access to the great sources of Western Civilization; for them the same decision holds true without change. But most of us, despite our lack of halakhic expertise and our doubtful philosophic sophistication, are such that doubt is ubiquitous with us and if we do not entertain it yet we surely will be exposed to it before long..."

Thus we must acknowledge and be concerned about the consequence of a particular program of study. If a person comes from a culture where Science is the standard of truth - then it might be important to address the issues as R' Slikin is doing. Then again it might be better to simply teach him that the only truth that matters is Torah. However a person who is in the Chareidi society immersed in learning Torah day and night. It is highly unlikely his yiras Shamayim will benefit from a diet of contradictions of Science and Torah and proposed solutions. There are, however, a minority of Charedi Jews that can benefit and therefore should study these issues. It is simply not for everyone.

Rav Sternbuch - Final battles before Moshiach

Thursday, March 19, 2009

Abuse - Press charges or help victim?


In Abuse Case, Press Charges Or Help The Victim?


Temima Shulman Special to The Jewish Week | Mar 18, 2009

A rabbinic expert on abuse in the Jewish community told a conference in Teaneck, N.J., dealing with child sexual abuse last week that “working outside of law enforcement is irresponsible,” and was highly critical of the efforts of Borough Park Assemblyman Dov Hikind.

Rabbi Mark Dratch, who heads JSafe, a not-for-profit organization that addresses issues of abuse in the Jewish community, depicted Hikind, who has been outspoken in recent months in calling attention to the problem of abuse in the Orthodox community, as trying to be an advocate for the abused while refusing to give over the names of alleged perpetrators he says he has amassed to the police. - Read More -

Conservative Judaisim - 3 generation movement


Jpost - Sherwin Pomerantz The writer is president of Atid EDI Ltd., a Jerusalem-based economic development consulting firm,

Rabbi Jerome Epstein's op-ed regarding bringing back the Conservative Movement's most committed young people to Conservative synagogues (March 17) reminds me of the farmer who closed the barn door after the horses left.

His statement that "many of the more committed people who were inspired by our movement have chosen to identify with Orthodox congregations, not because of the ideology but because they seek others who share their commitment to the very ideals that we say we hold dear. They bought into what we said we stand for - but they do not find it in our synagogues. So they seek elsewhere" describes exactly my situation as well as that of so many of my friends and associates who grew up in the Conservative Movement in the US and who now live traditional life styles within the framework of Orthodox synagogues, albeit for the most part in what is know as "modern" Orthodox.

I am a product of the movement. I was president of one of its Chicago area synagogues, Midwest regional president, chairman of the United Synagogue's Council of Regional Presidents, national vice president and, upon making aliya in 1984, founder and officer of Kehilat Ya'ar Ramot, the Conservative congregation in that Jerusalem neighborhood. Yet today, I am the head of the board of the Ohel Nehama synagogue in Katamon and very much involved in the life of that community. What happened?

Rabbi Epstein, whom I have known for the more than 35 years that he has been a professional with the United Synagogue, hits the nail on the head when he says: "They perceive that there is no place for them and their Judaism in the Conservative synagogue." It was not as if those of us who were in the ranks of the traditionalists of the movement left the movement, rather the movement left us by failing to support, in practice, what the movement purported to support in theory.[...]

Rebbtzn Sternbuch A"H - Brother's Hesped

RaP's criticism of proselytizing in Poland


Recipients and Publicity
comment {rest of post is in comments to "Subbotnik Jews of Ilyinka are Jews": ]

Mishpacha magazine for hire continues to promote agenda of Michael Freund and Shavei Israel proselytizing organization.

Mishpacha magazine for hire poses danger to Torah true hashkofas by not teaching about Kiddush Hashem when Jews are obligated to sacrifice their lives for Yiddishkeit and not become Christians, Catholics or Communists.

Shavei Israel digs for converts in Poland and elsewhere in the guise of "hidden Jews" who will in any case require GIUR KEHALACHA LECHUMRA.

As in the case of the Russian Subbotniks, the status of gentiles seeking to become Jews in Poland, as many as 150,000+, poses a threat to Israel as long as the Israeli Chief rabbinate does not affirm its position and leaves it up to Michael Freund to set the agenda.

Read the latest article first, with later comments and analysis starting with "RaP": [...]

Yemenites - Satmar vs. Jewish Agency


Fearing a possible spate of killings following threats to the Yemenite Jewish community, the umbrella body of American Jewish federations will be evacuating almost half of the remaining Jewish community in Yemen to the United States over the next two weeks, The Jerusalem Post has learned.

The UJC is working with the US State Department, local federations and the Hebrew Immigrant Aid Society to implement the evacuation and help finance the $800,000 expense of absorbing 110 Yemenite Jews in the United States, over one-third of the roughly 280-strong community.

"The funding would go toward such resettlement costs as housing, food and social-service programs," said a statement by the UJC on Tuesday.

Jewish Agency officials blasted the move. A senior agency official told the Post that Jews "should not immigrate to the United States. The place of Jews is in their homeland, the land of Israel, and like all the Jews of the world, the Jews of Yemen have to make aliya to Israel. That is their destiny."

The agency is particularly upset because the extraction of the Yemenite Jews comes at the behest of the New York Satmar community, a hassidic Jewish sect that is opposed to modern political Zionism and funds Jewish education institutions in Yemen.[...]

Wednesday, March 18, 2009

First all-encompassing Israeli center for child abuse

Israel's first all-encompassing center for child and teen victims of sexual and physical abuse will open Tuesday as a separate department at Sheba Medical Center at Tel Hashomer.

Based on the successful US model, where currently 600 such centers are in operation, Beit Lynn will provide abuse victims between the ages of three and 18 with a wide range of services and therapy, including social welfare and legal services.

Its creation is based on a law passed last year, which calls for six more such centers to be set up.

"This is the first center of its kind to be established in Israel, and bringing together medical staff with other responders will provide the capacity to give treatment quickly and effectively in the most traumatic of cases," said Prof. Ze'ev Rotstein, Sheba Medical Center's director-general.

Funded by the Charles and Lynn Schusterman Family Foundation, together with the Ministry of Welfare and Social Services, Sheba Medical Center, NGO Ashalim, the Israel Police Force and contributions from the ministries of health, justice and education, the new center aims to streamline the initial process rape victims must undergo, whether their attacker is a family member or a stranger.

In the past, victims were forced to visit each office independently, usually being carted around by their parents from the hospital to the police station and on to social workers and lawyers.

The new center will bring all these elements together under one roof, with all first responders sharing information and easing the trauma for the victim.[...]

Abuse - Can you ever trust a predator?


Associated Press:

A pastor in this quiet, picturesque New England town opened his doors to a convicted child killer who had served his time but had nowhere to go.

But some neighbors of the Rev. David Pinckney vehemently disagree with the pastor's decision — one even threatening to burn his house down after officials could find no one else willing to take 60-year-old Raymond Guay.

"Politicians think they can dump their trash in our small town," said one neighbor, Jon Morales, whose girlfriend and two children live across an unpaved road from Pinckney's home.

Chichester, a town of about 2,200 residents in south-central New Hampshire, has been in an uproar since the weekend, when police announced that Guay would spend two months with Pinckney's family.

About 40 angry residents protested outside the home Saturday, Merrimack County Sheriff Scott Hilliard said. One protester blustered that he wanted to set it on fire, he said.

Town leaders were expected Tuesday night to ask state and federal officials to remove Guay from town.

Guay already had a criminal record when he was charged in 1973, at age 25, with abducting and murdering a 12-year-old boy in Nashua.[...]

Daas Torah vs Academic Analysis


Rabbi Isaac Hutner's "Daat Torah Perspective" on the Holocaust: A Critical Analysis
Tradition, 18(3), Fall 1980 235

Introduction Three years ago The Jewish Observer, a magazine published by the Agudat Israel of America, printed a discourse by Rabbi Yitzhak Hutner Shlita, Dean of Yeshivas Rabbenu Hayyim Berlin and a member of the Moetzes Gedola Ha Torah, the rabbinical council of the Agudah, on the subject of teaching the Holocaust in religious schools (" 'Holocaust'—A Study of the Term and the Epoch It's Meant to Describe," October 1977). This discourse aroused a good deal of discussion and controversy within the Orthodox Jewish community, both inside and outside the pages of The Jewish Observer. Nevertheless, despite the variety of comments, criticism, and clarifications—in particular Rabbi Yaakov Feitman's chazarah clarification essay, "Reviewing a Shiur" (The Jewish Observer, January 1978)—the discourse has not as yet elicited the thorough, rigorous, and dispassionate scrutiny that, in light of its importance and controversial nature, it so evidently deserves. Rabbi Hutner's discourse is important for several reasons. First, Rabbi Hutner is perhaps the leading thinker in the traditional yeshivah world, and a discourse of his on the delicate and important subject of teaching thc holocaust in religious schools is bound to carry great weight. Second, as will become clear in the second part of this article, Rabbi Hutner's discourse indicates that the yeshivah world and the Agudah, of which Rabbi Hutner is an outstanding representative, despite their pragmatic accommodation with the State [...]

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Prohibition of Water - an appeal to reason


JPress - an article by Dr. David Berger

Date: Wednesday, November 17 2004

A halachic ruling prohibiting New York City water was recently formulated by Rav Dovid Feinstein shlita and signed by Rav Yosef Shalom Elyashiv shlita and Rav Pinchas Sheinberg shlita. It affirms that once copepods can be seen as moving entities in the city's reservoirs, they remain prohibited even when they are not discernible in tap water.

Since water is so basic a substance, it is hardly necessary to point out the seriousness of this ruling. Even in an urban setting, it is easy to envision realistic scenarios involving jeopardy to the health of especially vulnerable observant Jews, not to speak of lesser but nonetheless deeply troubling consequences.

There are rabbinic decisors of stature who disagree with this stringent stance, relying on an attested and respected opinion recorded by earlier authorities that the water is permissible if the organisms in question are not discernible. (This is apart from the ruling by at least one distinguished rabbi that the copepods are permissible because of the halachic status of reservoirs.)

I make no pretenses to any standing in a debate among poskim on such a question, but I believe it is important to underscore certain considerations with the hope they will help encourage the latter authorities - while maintaining the highest reverence for the great rabbis who hold a stringent view - to keep the halachic discourse on this matter alive.

There is strong reason to believe that the presence of these crustaceans in the city water supply is not a new phenomenon - and that the almost universal, instinctive reaction that water imbibed over the years by a host of tzaddikim and talmidei chachamim must be permissible does not deserve to be dismissed as irrelevant.[...]

Internet use by jurors causes mistrials


NYTimes reports: [internet bypasses traditional blocks to information]

Last week, a juror in a big federal drug trial in Florida admitted to the judge that he had been doing research on the case on the Internet, directly violating the judge’s instructions and centuries of legal rules. But when the judge questioned the rest of the jury, he got an even bigger shock.

Eight other jurors had been doing the same thing. The federal judge, William J. Zloch, had no choice but to declare a mistrial, a waste of eight weeks of work by federal prosecutors and defense lawyers.

“We were stunned,” said a defense lawyer, Peter Raben, who was told by the jury that he had been on the verge of winning the case. “It’s the first time modern technology struck us in that fashion, and it hit us right over the head.”

It might be called a Google mistrial. The use of BlackBerrys and iPhones by jurors gathering and sending out information about cases is wreaking havoc on trials around the country, upending deliberations and infuriating judges.[...]

R' Yakov Horowitz - Modesty Squad conviction


On Sunday, Elhanan Buzaglo was sentenced to four years imprisonment for the vicious beating of a woman nine months ago in Jerusalem's Ma'alot Dafna neighborhood. Buzaglo, a member of a haredi mishmar hazniyut, a self-appointed modesty squad, pleaded guilty as part of a plea bargain struck with the State Attorney's Office.

Buzaglo, who broke into the 31-year-old divorcé's apartment along with four other men, was convicted of receiving $2,000 from the mishmar hazniyut for his role in the attack, which was intended to intimidate her into leaving the predominantly haredi neighborhood. Judge Noam Solberg wrote in his decision that "the punishment must reflect the abhorrence of his acts... and deter him and others like him."

Even though the Jerusalem District Court described the assailants as an "armed militia," Buzaglo, 29, was the only defendant to be convicted in this barbaric attack. According to newspaper reports last October, a series of flaws in the investigation, including a problem with the recording device, enabled Buzaglo's dispatchers - the modesty patrol members - to evade indictments.

From my vantage point, it is unfortunate that all those who participated in the vicious beating of a defenseless woman are not facing long prison sentences. But it is a great step forward and hopefully will mark a turning point in the attitude of law enforcement officials to these thugs.

AS AN EDUCATOR and a proud member of the haredi community, I appeal to all haredi Knesset members to display moxie and genuine leadership by calling a joint press conference where they repudiate all forms of violence and vow to bring to justice all those who perpetrate these types of attacks from this day forward. They should bring all law enforcement resources to bear to bring law and order to the streets of Jerusalem, Beit Shemesh, Bnei Brak and other areas where these people operate. If elected officials cannot commit themselves to protecting innocent women from vicious beatings, they should all resign and be replaced by people who will.

There is no question in my mind that the vast, overwhelming majority of haredi Jews worldwide feel as I do: disgraced and shamed when these events occur, and frustrated that there seems to be little that we can do to remove this stain from our shirts. Many members of our community are reluctant to speak out publicly, fearing that doing so will cause a hillul Hashem, a desecration of God's name. However, I propose that remaining silent in the face of violent and lawless acts perpetrated by individuals purporting to represent Torah values is the greatest hillul Hashem of all.

The time has come for us to speak out, telling our children and students in unequivocal terms, "These people are criminals and sinners - and do not represent us!" Our publications should begin reporting these incidents in the news sections of our papers, condemn them in our editorials and call upon the police to arrest and prosecute the perpetrators to the fullest extent of the law.

We should stop using politically correct terms like "misguided youths" to describe cowards who beat women for sitting in the "wrong" sections of buses and physically assault peaceful citizens who do not dress according to their standards - observant or otherwise. "Misguided youth" implies that they engaged in a prank like a water fight or that they went overboard in pursuit on a noble goal. There is nothing noble about these acts - or the terrorist mentality that glorifies them.

THE VIOLENT MEMBERS of these self-appointed modesty patrols are, in fact, a modern-day version of the Sadducee sect - having long ago veered off the path of our Torah and formed their own cult. They kneel to the idol of intolerance and bring the blood and bruised bodies of their victims on the altar of hatred. They only lack the intellectual honestly to declare themselves a new, nonreligious movement divorced of any rabbinic teaching and tradition.[...]

Tuesday, March 17, 2009

Reading the texts - Academics vs. Gedolim


In regards to the continuing debate in this post - about what Judaism is and whether an academic can read the texts more accurately than the gedolim - I would like to cite the following view of the Chasam Sofer. Clearly not an academic. I would also like to know whether they are saying that the readings of Dr. Marc Shapiro or some other distinguished academic carries or should carry more weight than a traditional gadol such as Rav Moshe Feinstein or the Chazon Ish?


Chasam Sofer(O.C. 1:56): I saw in a sefer that in previous times it was not the practice to say the beracha on the sun… Nevertheless now that the world has adopted the practice according to the rulings of the Gaonim. And also the Rif cites it as well as the Rambam, Rosh and Tur and in addition it was established by the Beis Yosef in Shulchan Aruch – we should not deviate from this practice. In truth I don’t know what the reason is that women are not accustomed to say this beracha also. It is obviously not based on the reason that the Magen Avraham cites in regards to the beracha on the moon - that women don’t say it because they caused the diminution of the moon which is not relevant here. Nevertheless what the practice is that is what it is and therefore what is not normal practice we don’t add it. Nevertheless this bears further study.


חתם סופר (אורח חיים א:נו): וראיתי בס' שכה"ג שמקדם לא נהגו כלל בברכה זו כן משמע בתשו' משאת בנימין, אולי הוא מטעם הנ"ל, ומ"מ אחרי דנהיגי בה עלמא עפ"י הגאונים הנ"ל וגם הרי"ף מייתי להא דאביי בפשיטות ורמב"ם ורא"ש וטור וקבעו הרב"י בש"ע ממנו אין לזוז. ובאמת לא ידעתי מ"ט לא נהגו נשים לברך ברכה זו ג"כ ולא שייך הכא הטעם שכ' [מג"א רסי' תכ"ו] בברכת הירח שהנשים גורמים מיעוט הירח וזה לא שייך הכא, ומ"מ מה דנהיג נהיג ומה דלא נהיג הבו דלא לוסיף עלה, ועדיין צ"ע

When is a forced act considered volitional?


Meshech Chochma(Shemos 19:17): And they camped under the mountain – this teaches us that the mountain was held over their head to force them to accept the Torah (Shabbos 88a). The mountain is a metaphor meaning that G‑d showed them His glory so clearly and forcefully that their natural free‑will was actually nullified and their souls departed from them as a result of the experience. They were forced to do the right thing - exactly as the angels. They saw without any doubt that the existence of all creation is dependent on the acceptance of Torah. (Rava even notes (Shabbos 88a) that because they had no free‑will when they accepted the Torah this provides a justification to not keep the Torah.) Similarly if a person is pressured to bring a sacrifice until he says, “I want to” (Rosh HaShanna 6a) it is considered a voluntary act. The explanation of why a forced act is considered volitional is given by the Rambam (Hilchos Geirushin 2:20): “We don’t consider an act forced except when a person is forced to do something which is not required by the Torah. But if a person is overcome by his yetzer harah to nullify a mitzva or to do a sin – and then he is beaten until he does the mitzva or avoids the sin – this is not considered that he has been forced to act. But rather he is viewed as originally having been forced by his yetzer harah to do evil… But since he really wants to be a Jew and really wants to do all the mitzvos but is prevented from his evil inclination – by beating him it weakens his yetzer harah so that he can do the right thing…” This is a wonderful analysis and is consistent with what he says in Hilchos Sanhedrin that if a person is forced to have sexual relations where the law requires him to die and not transgress and nevertheless he transgresses – he is liable to the death penalty since he can not get aroused without being interested. In contrast the Rambam notes in Hilchos Yesodei HaTorah that in a situation where he is required to die rather than transgress and yet he transgresses - he is not liable for that sin. Nevertheless he has transgressed the mitzva of sanctifying G‑d name. The explanation for this apparent inconsistency is that all the sins - such as profaning Shabbos or idolatry - if a person does them because he was forced this is not considered to be a voluntary act but rather it was only because of the force and there was not inner desire to sin. However in contrast concerning sexual prohibitions, the man does not get aroused because of the fear of punishment but only because of his lust for sexual intercourse. Therefore he has the ability to restrain his lusts and not get aroused. Thus if he does get aroused it is because he wants to get aroused. Consequently the Rambam asserts that a man’s involvement in sexual sins can only be a willful act and because of this he is liable – even though he was pressured to do it. So even though he only gets aroused because the fear of punishment cancels his fear of G‑d and is now left with his natural lust for sexual intercourse, which is like his lust for his wife – nonetheless this is still called a willful act. The natural desire of a Jew is the inherent desire to fulfill G‑d’s mitzvos. It is only the advice of the yetzer harah (evil inclination) that prevents him from observing the mitzvos. However when he is severely beaten this removes his physical lusts, which had prevented him acting, and he now does the right thing e.g., divorcing his wife or bringing the sacrifice or accepting the Torah. Since he is acting in according with his true inner desires it is considered a fully willful act. However the Ramban (Yevamos 53b) disagrees with this idea that when force removes an impediment to a natural desire it is called a volitional act. The case he discusses involves a man being forced to have intercourse. The Ramban says that when the man is threatened by force to have intercourse - it is not a volitional act. The force causes him to focus exclusively on the lust and not the fact that he is sinning. By removing his awareness of sin it takes away his free‑will so he is exempt from punishment. So too in the case of the forced divorce or forced giving of a sacrifice or the forced acceptance of the Torah at Sinai - they would also not be considered a volitional act. Therefore it is clear according to the Ramban that when a man is forced into intimate contact with a woman – but not threatened – he still has the free‑will not to get aroused. This is different than a raped woman who we say is forced by her aroused lust even to say she wanted the intercourse (Kesubos 51b)… [However we are left with a problem. If the force at Sinai did not result in a volitional act of acceptance, why should the Jews have been punished for sin such as with the destruction of the First Temple which resulted from idolatry, murder and sexual prohibitions?] According to view of the Rambam a child who converts is able to protest against the conversion when he grows up. However even if he stops being a Jew he still remains a ger toshav. The Ohr Someach (Hilchos Issurei Bi’ah 12:6) explains that in the case of Sinari - as the gemora points out – they had a valid excuse not to keep the Torah because they had been forced. Nevertheless they would still be considered as ger toshav. That is the reason that in the First Temple they were punished for idolatry, murder and violating sexual prohibitions. Even though they were not technical obligated to keep the Torah as Jews, nevertheless they had the status of ger toshav. It wasn’t until the time of Mordechai and Esther - which was after the destruction of the First Temple - when they fully accepted the Torah of their own volition.

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

Rav Sternbuch - All about Amalek


Conversion - Schism between Modern Orthodox Rabbis


Recipients and Publicity - see "Attention Please! New challenger to the establishe...": for additional comments

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.

Economists Give Obama an "F"

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.

Charts and Full Results

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.

===============================
I think that additional support for my understanding is contained in an essay of R' Slifkin entitled " In Defense of My Opponents".

"People are certainly entitled to strongly oppose the views of Rambam and any other Torah scholar. This need not be at all at odds with having great respect for Rambam himself. Ramban (Nachmanides) was full of admiration for Rambam, but this did not prevent him from condemning some of Rambam’s ideas in the strongest terms. If a person is entitled to follow Maimonides in adopting his views, why is someone else not entitled to follow Nachmanides in rejecting them? The actual burning of Rambam’s books was a tragedy, but it was not wrong for them to be opposed. It is certainly legitimate for today’s luminaries of the yeshivah world to reject the view of Rambam and others that the Talmud contains errant scientific statements, and to insist upon the absolute infallibility of the Talmud. They may be mistaken in believing in the existence of spontaneously-generating creatures, but they are fully entitled to hold this belief.

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


Fox News reports:

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?

Haaretz

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." [...]