Questioning the validty of a convert or Jew

This post was originally about Reform rabbis who were intermarried. The comment was made that there are also intermarried Orthodox Rabbis. This resulted in the following question: While it is true that if someone converts for the sake of marriage but they promise to keep mitzvos - the conversion is valid. However if someone questions the sincerity of a conversion for marriage - are they to be cursed? Have they committed an aveira? Rav Sherman said that Rabbi Druckman's converts were questionable. Did he have the right or ability to make such a statement? In our case - in which the future wives of Orthodox rabbis converted and the mikve ladies refused to supervise the tevila - it was reported that Rav O. Yosef and Rav Shmueli both cursed the mikve ladies. What prohibitions were these women accused of violating?

In sum, to what degree do people have the right or ability to question the validity of converts or even Jews? What manifestations of this doubt are legitimate. For example do you have the right to refuse to eat the food the converts prepare? Do you have to count them for a minyan?

You might remember a while back there was a Lakewood avreich whose Judaism was questioned - and it turned out he wasn't Jewish. Apparently those who raised the question committed no sin. I recently heard of a case where a woman was married as a Jew - not a convert and she lived for a number of years in the community had several kids and then her Jewish status was questioned by members of the community including a rabbi. Latest I heard the beis din asked to certify her as Jewish - has not found sufficient evidence that she is a Jew. None of the rabbis that I talked with have said that it was prohibited to question her status as a Jew.

Because these are current concerns - I am making this a separate post

Pikuach nefesh - is depression?/R' Moshe Feinstein

In my comments to a previous post, I made the assertion that Rav Moshe Feinstein is cited incorrectly by Rav Zilberstein. While it is true that both say that depression can endanger life - it seems that they do not agree as to how. The following seems to suggest that Rav Moshe labels pikuach nefesh as something which leads to suicide or clearly diminishes ones life while Rav Zilberstein seems to feel that any major psychological pressure itself decreases life.


Igros Moshe(O.H. 5:18): Shulchan Aruch (O.C. 306:9): “It is prohibited to ask a non‑Jew to travel outside of the techum on Shabbos to notify the relatives of the deceased to come and to eulogize him. However concerning a terminally ill person who asks that his relatives be notified it is definitely permitted.” The Levushei Serad says that it is permitted to pay a non‑Jew to travel so that the sick person won’t become severely agitated (tiruf daas) since this is included in the category of pikuach nefesh which permits violation of Shabbos. However I have not found any basis to permit this for the sake of a terminally ill person to prevent him from getting severely agitated (tiruf daas) – except for a rabbinic prohibition. I am astounded that the Levushei Serad said that it is permitted because of pikuach nefesh. His explanation that tiruf daas (severe agitation) is a sickness which endangers the person. That is only so for a healthy person who might come to commit suicide because of his agitation. However for a terminally ill person (shechiv m’rah) there is no basis to be concerned for this and therefore this is not considered pikuach nefesh. However more thought is needed as to what the actual halacha is in this case.

Turkey and abused wives

CNN

In a landmark case, the European Court of Human Rights ruled Tuesday that Turkish authorities failed to protect a woman from her abusive ex-husband, effectively allowing his pattern of domestic violence to lead to the killing of her mother at gunpoint.

Judges unanimously ruled that the Turkish state violated three articles prohibiting torture and discrimination, and ensuring the right to life of the victim.

Legal experts said the ruling sets a precedent throughout Turkey and Europe for governments to protect women from domestic abuse. [...]

According to a Turkish government study released in February, four out of 10 Turkish women are beaten by their husbands. The European Union-funded poll concluded that "one out of 10 women has reported to have been beaten during her pregnancy."[...]

Tuskan cited polls that indicate up to 40 percent of Turkish women believe they deserve to be beaten by their husbands.[...]

R' Broyde - Informing & other articles

Informing on others - mesira

Enabling a Jew to sin

Child custody

Adoption

Marriage, models of sexuality and reproduction

Pikauch nefesh - reading tshuvos accurately

I just came across a discusion of a teshuva in the Igros Moshe by Rav Zilberstein - and he seems to cite it inaccurately First I'll quote his discussion of the issue - and then the relevant excerpt from the Igros Moshe. This is a caution that even such a great talmid chachom occacionly makes errors. It doesn't necessary invalidate the halachic conclusion but it does show that his conclusion can not be learned from the statement of Rav Moshe that he cites. He says that it deals with a married couple that would need to divorce. Rav Moshe in fact is dealing with two people who want to marry and he says that it is significant whether they are married or only contemplating marriage. Secondly the issue involves whether there is a heter for birth control - when there are lenient and stringent view among the rabbis for this situation. Because of danger to the woman Rav Moshe allows the use of the lenient in their case. Thus it would seem that even if it were a condition of pikuach nefesh - if there weren't lenient views - Rav Moshe would not permit birth control. But in his conclusion he prohibits the use of birth control because with total bed rest pregnancy is not dangerous for her condition. The fact that total bedrest for nine months is a very stressful thing does not enter into the evaluation. Thus Rav Zilberstein's statement that pikuach nefesh overrules the entire Torah - is not the view expressed in the Igros Moshe where he doesn't even use the word pikuach nefesh and he gives leniencies only on a very circumscribed basis.

Rav Zilberstein( Assia Nissan 5747): In the Igros Moshe (1:67) concerning a young couple who are so much in love that if their marriage would be ended the woman would be in danger because of her severe upset which is equivalent to a condition of pikuach nefesh. It is also know that a woman who doesn’t have children for 10 years that according to the law of the Torah it is permitted for the husband to divorce her so that he can marry another woman and fulfill the obligation to have children. Nevetheless if there is a real concern that because of being divorced the woman will go into severe depression and danger – then this is pikuach nefesh which overrules the entire Torah.

Igros Moshe(E.H. 1:67):This concerns a 40 year old man who has never had children and he wants to marry a young woman whom he finds attractive and she is Torah observant. This is something which is difficult for him to find. However unfortunately she has kidney disease and therefore according to the doctors it would be dangerous for her to become pregnant at the present time. However at a later time when her condition has improved it would not be dangerous to become pregnant. The question is whether they can get married and have permission to use birth control methods to prevent pregnancy?… However nevertheless if you see that they are so much in love until it would possibly be a danger to one of them if they didn’t get married. In particular the concern is for the sick and weak young lady - who besides that she would not be able to marry him but also there is concern because of her condition that she would be prohibited to marry everyone and thus be in an very unfortunate situation – there is a basis to permit them to marry with birth control. But this is only on the condition that they are modest and reliable with many warnings not to publicize that they received permission [to follow the lenient opinions]. But on the other hand I have heard that if there is total bedrest during the entire pregnancy – there is no danger to a woman who is sick with kidney disease. Therefore in fact there is no permission to use birth control. Rather they should be advised that if she becomes pregnant that she should have total bedrest.

Obama's reversal on gay soldiers

Time magazine

[...] The endorsement of "Don't ask, don't tell" by the Administration marks the latest rightward tack by Obama. The President denounced many of George W. Bush's national-security policies during the campaign, but in office has adopted more conservative positions, including endorsing military commissions to try purported terrorists, and declining to release a second batch of photographs depicting alleged U.S. maltreatment of Iraqi detainees. His stance on "Don't ask, don't tell" may be more surprising, because Obama aides have made clear the President wants the ban lifted eventually.[...]

Pikuach nefesh from being labeled as abused

The following story illustrates the complexity of abuse. If you want to used the heter of rodef to call the police because the abuser is endangering the victims life - you also need to understand that it is an issue of pikuach nefesh in being labeled as a victim of abuse and having your family labeled as containing an abuse victim. That stigma is also pikuach nefesh.


Brisker Rav (Rav Zilberstein Assia Nissan 5747): There was a case of a sick person who requested that the doctor allow him to fast on Yom Kippur. This was because his condition had significantly improved and his life was no longer in danger. The Brisker Rav told the doctor that pikuach nefesh doesn’t mean that right now there is a danger that might cause death. Rather even if fasting influences him so that when he has a recurrence of the illness - that he will die before his time – that is also considered pikuach nefesh. Therefore the sick person is obligated to eat rather than fast on Yom Kippur. The doctor replied that the aggravation that is caused to the sick person by his awareness that he is categorized as being in a fragile condition is liable to endanger his life. The Brisker Rav accepted the doctor’s words and replied, “If so we have to think very carefully how to act.”

Eternal Jewish Family - denies proselytizing

http://www.hidabroot.org/tozamir/NMY.htm

Abuse - "teshuva" & cover-ups

Guest post:

I will share with you how I think about cover-ups. Every single society has had sexual abuse of children since the dawn of Civilization, and covering up sexual abuse has been the norm and not the exception for most of history. When rabbonim distort halakhic categories (teshuva, Chillul HaShem), I take this to be evidence that they are having a hard time coping, themselves, with the horrors that there are adults in our midst who have a ta'avah to do these things to children. Sexual abuse provokes this more than physical abuse by the way, probably because of the great shame that sexual deviancy stirs up in all of us.

So, it is significant to identify when Batei Dinim or posekim deviate from their usually correct stance in halakhic matters--they become more "lenient" in accepting someone's statement as a sign of "teshuva" and more strict in protecting against loshon hora or chillul HaShem than the would, for example, in a case involving theft, damage to property, or fraud.

Maybe just identifying cases where proper halahkic procedures are not followed - and trying to adopt a sympathetic understanding of why accomplished and knowledgeable poskim might find these situations to be very difficult - would be an approach you could take on this in your book.

I know that the concept of teshuva implies the person won't do this again, but I am pointing out that it is implausible to assert that the perpetrator has done teshuva when there has been

1. no apology to the victim
2. no payment for damages or attempt to pay for damages.
3. a "confession" which was not in the presence of the victim or victim's family but rather in front of the rabbonim, which allows the perpetrator to minimize or change the facts

In nezikin, a person cannot stam do teshuva with mere words. I know of a case where the rabbonim protected someone because he did teshuva. However, that perpetrator never even admitted wrongdoing in several of the cases--he continued to deny it! You will not be surprised to hear that he continued to molest sodomize boys despite the Rosh Kollel claiming he would keep an eye on him.

So, yes, we can all be appalled at this bad judgment. However, on technical halakhic grounds I am challenging the notion that such a person can be said to have done "teshuva" when there is no confession, no restitution, no attempt at restitution--not even a din Torah where the victim is heard! I should think that these are power halaklhic arguments against the "teshuva" concept.

Since the rabbonim who are claiming that "teshuva" is a reason for them not to worry about further episodes are in general much more knowledgeable about the halakha than I do, I assume that they know very well that there is no halakhic basis to claim that "teshuva" has been done, that it is fact just a ploy to help with a cover-up.

Abuse - calling police

Hillary Clinton's double talk

JPost

When Hillary Clinton was New York's junior US senator from 2001 to 2009, she was a vocal supporter of Israel. She was especially strong on Jerusalem, stating in a September 2007 position paper that she believed "Israel's right to exist in safety as a Jewish state, with defensible borders and an undivided Jerusalem as its capital, must never be questioned." Her spokesman even said "this paper is a reflection of her consistent policy... that hasn't changed." In June 2004, Clinton voted for the Senate resolution endorsing president George W. Bush's letter to prime minister Ariel Sharon that envisaged Israel retaining "major Israeli population centers" in Judea and Samaria and "defensible borders" in any final peace agreement.

Clinton also repeatedly warned of the monumental dangers of Palestinian incitement to hatred and murder of Jews in their schools, media and mosques as having "dire consequences for peace for generations to come." Clinton even said, "It is clear that the Palestinian Authority, as we see on PA TV, is complicit" in terrorist attacks and that we should condition US aid to the PA on a "cessation of Palestinian propaganda and hateful rhetoric." It has taken only a matter of months to confirm that Secretary of State Clinton bears little resemblance to Senator Clinton on Israel issues.

NOW, SHE enthusiastically supports an unconditional increase in US aid to the PA and Gaza, of $900 million annually, a significant increase. She also demands a total freeze on all Jewish building in Judea and Samaria and eastern Jerusalem. Interviewed on Al-Jazeera TV on May 19, Clinton said, "We want to see a stop to settlement construction, additions, natural growth - any kind of settlement activity. We made that very clear. I reinforced that last night at a dinner with Prime Minister Netanyahu." She reiterated this even more strongly on May 27 in Egypt: "not some settlements, not outposts, not natural growth exceptions... And we intend to press that point."

She also states publicly that the Obama administration will condition at least some of its efforts to prevent Iran becoming a nuclear power on Israel's willingness to bow to pressure to make concessions to the same PA she once described as "complicit" in terrorism and incitement. Speaking in April before the House Appropriations Committee, Clinton said that "for Israel to get the kind of strong support it's looking for vis-a-vis Iran it can't stay on the sideline with respect to the Palestinian and the peace efforts, that they go hand-in-hand.

Also, already in March, Clinton demanded Israel allow illegally built Palestinian Arab homes in eastern Jerusalem and prohibit legal building of Israeli/Jewish homes in eastern Jerusalem. Such Jewish construction, she said, was "unhelpful." Suddenly, parts of an "undivided Jerusalem" are places where Jews may not move or build, even though Jews were a majority in eastern Jerusalem from the mid-1800s until 1948, when Jordan forced Jewish residents to flee, and are now a majority once again.[...]

Dr. N. Klafter - Impact of Sexual Abuse

Posted with permission
Klafter AB, Impact of Sexual Abuse (Jewish Version)-1

EJF - proselytizing intermarried couples /RaP

RaP: For quite a long time now, the Agudist politically correct American YATED NEEMAN has avoided any mention of EJF and Tropper and has not published any infomercials obviously designed by paid EJF publicists.

"Eternal Jewish Family Addresses Conversion Crisis" "The Jewish Press Friday, June 5, 2009 Page 61

RaP: Only EJF is addressing this crisis? Every last Orthodox rabbi in Israel, Europe and America is grappling with it! The articles reads as a paternalistic and infantilizing event for those who were paid to show up. Who they were and the numbers are not given in the article.

[Continued at this link]

Conversion of intermarried couples/ R' Eliashiv's view?

JPost Jonathan Rosenblum

[...] But conversion is a commitment to mitzvah observance. That little detail rendered the Ne'eman Commission proposals inherently incoherent. How could those trained by teachers who themselves might have no commitment to mitzvah observance be expected to make such a commitment themselves?

THE UNHAPPY TRUTH IS that there is no solution for the current situation, within the ambit of halacha. And that has nothing to do with the recalcitrance of the rabbinic establishment to accept converts. Rabbi Yosef Shalom Elyashiv, widely viewed as the preeminent living posek (halachic decisor), has ruled that the traditional rule that we push away would-be converts does not apply in the case of intermarried couples or children of Jewish fathers. Following Rabbi Elyashiv's directives, Eternal Jewish Family is currently spending millions of dollars in Israel working with intermarried couples.

But not pushing away certain converts does not mean that the ultimate standard for conversion - a full acceptance of the yoke of mitzvot - can be waived. That standard is not a haredi invention, as some have alleged. Rabbi Yosef Ber Soloveitchik, leading decisor of the World Mizrachi movement, described it as axiomatic in his famous article Kol Dodi Dofek. Rabbi Shlomo Daichovsky, one of the most respected dayanim in the national religious world, declared at a Mossad HaRav Kook symposium last year that there is unanimous agreement on the requirement of a full acceptance of mitzvot. Rabbi Yisrael Rozen, former head of the Conversion Authority, recently reiterated that requirement.

Acceptance of mitzvot is not just a pro forma declaration by the would-be convert. The beit din has a duty to ascertain that he or she is sincere in that acceptance. Perhaps 350 years ago, when mitzva observance was the norm, it could be assumed that the prospective convert understood that joining the Jewish people entailed mitzva observance. And given the circumstances of the Jewish people then, it could also be assumed that the convert was not motivated by ulterior motives. But in modern times, Ashkenazi Chief Rabbi Yitzchak Isaac Herzog pointed out, neither assumption obtains, and a beit din must assure itself of the sincerity of the convert.

And therein lies the rub. The overwhelming majority of non-Jewish immigrants from the FSU do not wish to commit to mitzva observance. And the longer they remain in Israel and integrate into Israeli society without becoming Jewish, the less inclined they are to do so. That - not bottlenecks in the process or overly stringent demands by the rabbis - is the reason that there were less than 1,000 conversions, outside the IDF, last year.[...]

Obama's dream vs. reality

JPost Gerald M. Steinberg

President Barack Obama's Cairo speech was first and foremost an affirmation of the American dream, both in terms of his own story, and also of the broader national ethos.

History, he told his Arab and Muslim audience, was an obstacle to be overcome, and no differences were too great to prevent understanding and cooperation to achieve common objectives. Obama preached the virtues of freedom, religious tolerance, including for persecuted Copts in Egypt, and equal educational opportunities for women - all major problems in Arab societies.

This optimism was also an integral part of his framework for ending the long and violent Arab-Israeli conflict, based on the "land for peace" formula. Here, Obama is on shaky ground. After the lofty words that accompanied the Oslo process ended in mass terror, Israelis are less willing to assume that the gap between rhetoric and reality can be overcome in a few years.

The American president may believe that he has articulated the principles of mutual acceptance that "everyone knows to be true," but this is a stretch. His "everyone" ignores the army of propagandists who promote the anti-Israel narrative, label every act of self-defense a "war crime" and a "human rights violation," and reject the right of Jewish self-determination.

The call for Hamas - the Palestinian branch of the Muslim Brotherhood - to act responsibly to "put an end to violence" and "recognize Israel's right to exist" is extremely far fetched, even for Obama. Hamas belongs in the first part of the speech, which focused on confronting "violent extremism in all of its forms," including al-Qaida and the Taliban.

In promoting his peace plan, including the demand for a freeze in Israeli settlements, Obama has imagined a false and highly dangerous symmetry. Israelis are far more vulnerable to American pressure than the Palestinian leaders (Hamas and Fatah) or the dictatorships that control Egypt or Syria. No Israeli leader can afford to ignore or reject American coercion, particularly as Iran continues efforts to acquire nuclear weapons. But if Netanyahu accepts Obama's demands, and there is little or no change in the hatred, violence and rejectionism on the Arab side, the "land for peace" exchange will fail, and Israel will have neither.[...]

Rav Eliashiv - Abused child vs. suicidal parent

Rav Yitzchok Silberstein (Zohar #11 2003 pps 221-222): Removing an abused girl from her mother’s custody. Question: A nine-year-old girl is being severely beaten and her mother is suspected. Her mother is a widow who has psychological problems who sometimes gives her daughter sleeping pills because she works until midnight cleaning houses. There are also days where she doesn’t give her hot meals…. The question is whether to take the daughter from her mother’s custody and to put her in a foster home to improve the daughters life in that she will eat properly and have a warm and secure family and she will learn what normal behavior is – or perhaps not since the mother has threatened suicide if her daughter is taken away… It is important to note that the mother is opposed to all alternatives such as a boarding school or receiving help of any type and she threatens suicide. Answer: This is a very difficult question and I asked one of the gedolim who replied, That it was very difficult to avoid the tears of the mother and her threat to commit suicide. He said that it was beyond our ability to properly evaluate and weigh these issues. Thus we can do nothing.”

Let me clarify this psak. On the one hand, the daughter is not actually in mortal danger that we need to be worried that perhaps she will die from lack of food or from the beatings or difficult work. It also seems that the mother is not forcing her to swallow life-threatening pills. On the other hand, the mother has threatened to commit suicide if her daughter is taken from her. While it is true that people sometimes make threats that they don’t carry out (Shavuos 46), but the Chofetz Chaim (Be’er Mayim Chaim Rechilus 9:12) has ruled that concerning life and death issues we need to be concerned about threats. This is seen from the incident with Gedaliya who was told someone threatened to kill him. When it comes to life and death, we need to take seriously even an unlikely danger. Furthermore in our case the doctors have agreed that it is possible that the mother will commit suicide…. In this case where we want to remove her daughter from her custody when the daughter’s life is not actually being threatened – who says that the daughter’s life is more important than the mother’s? Perhaps the life of the mother is more in endangered than that of the daughter? This my explanation of the gadol’s ruling of not removing the daughter from the mother’s custody.

I presented the facts before Rav Eliashiv and he said the following. “Do not take the child from the custody of the mother who threatens to commit suicide – based entirely on circumstantial evidence of beatings that seem to done by the mother. As long as there are not actual witnesses that testify before us that they saw the mother cruelly beating her – it is impossible to remove the daughter from her custody. That is because it is a case of pikuach nefesh also for the mother – in particular since the daughter has not requested to be removed from her mother’s custody. Similarly it is impossible to remove money from another person based on circumstantial evidence as is explained in Bava Basra (93a)… It would be different if the circumstantial evidence is absolutely clear that the mother is beating her such as if we find that the daughter has bite marks on her back which obviously can not be self-inflicted. The fact that the mother gives her daughter sleeping pills is also not a reason to take the daughter from her custody – since it is not clear that it is dangerous. Therefore we must do everything possible through the neighbors and friends who can speak persuasively with the mother or threaten her. But it is difficult to remove the daughter from the mother.

However if witnesses comes and testify before us that the mother is viciously beating her daughter then we are obligated to remove her from her mother’s custody. This is so even though there is a small possibility that she might commit suicide. That is because it is not the daughter’s fault so why should she have her life endangered because of the concern that her mother might commit suicide. Therefore when there are witnesses the daughter should be removed from her mother’s custody.”

Summary: 1) If it is clear that the mother is viciously beating her daughter, the daughter should be removed from her custody and we are not concerned with the mother’s threat to commit suicide. 2) If no one has actually witnessed the mother beating her daughter but we deduce it from circumstantial evidence – there is no basis of removing the daughter from the mother. That is because the mother’s life is also possibly endangered. Thus we are forced to do nothing (shev v’al taaseh). All we can do is make efforts through talking and deeds to try to stop the mother from beating her daughter. Heaven should be merciful.

Conservative rabbi crusades for Anusim

Forward

Of all the rabbis ordained at the Jewish Theological Seminary on May 21, few have journeys to the rabbinate quite as unlikely as Juan Mejia.

Raised as a Catholic in Colombia and educated at Christian schools, Mejia was on his way to becoming a monk when he discovered as a teenager that his family had Jewish roots. His grandfather would recall men gathering in darkened corners to place towels on their head and pray from a strange book.

After a torturous journey, which involved his rejection by the tiny Jewish community in Bogota and several years of study in Jerusalem, Mejia converted and began training for the rabbinate. Now Mejia is dedicating his rabbinate to helping Jewish descendants like himself who want to reconnect with their roots.

The plight of descendants of Conversos, those Jews forced to publicly recant their religion under threat of execution by the Inquisition but who continued to practice their religion in secret, has received more attention in recent years. Articles describing stories of Latino immigrants who discover their family’s strange rituals are Jewish in origin have appeared in both the Jewish and mainstream press.

Rabbi Rigoberto Emanuel Vinas, a Cuban-born rabbi who teaches classes in the Bronx for Anusim — as forced converts are known in Hebrew — has been featured in The New York Times.

Mejia promises to take the type of outreach Vinas has pioneered to a new level. With many Conversos shunned when they turn for help to Jewish communities in Latin America — those communities are beset by a “colonial mind-set,” Mejia said, and have contempt for the claims to Jewish ancestry by the locals — Mejia hopes to reach them over the Internet.

“I fight the Inquisatorial frame of mind,” he said. Mejia already runs a Web site that offers online instruction in Jewish topics. And with his rabbinical training now complete, he hopes to relocate with his wife, also ordained in late May at JTS, to the Southwest, where many Conversos are located.

Mejia believes that only in the United States, with its large, secure and welcoming Jewish community, can the Anusim be educated and brought back to their roots.

“The Anusim revolution,” he said, “starts here.” [...]

abuse - 2 pedophiles arrested

Haaretz [this item is in references to Har Nof]

Police remanded two men Wednesday suspected of more than 20 sexual attacks on young boys in an ultra-Orthodox Jerusalem neighborhood. One of the two, a 17-year-old, is suspected of attacking an 11-year-old boy who lives in the neighborhood

The case came to light after the head of the yeshiva where the alleged victim studies told the boy's father six months ago that boy had told him an older boy had accosted him on the bus. The boy said the 17-year-old persuaded him the get off the bus with him, took him to the yeshiva where the older boy studies and molested him in the bathroom.

On the basis of the principal's allegations, the father filed a complaint with the police. On Tuesday, after the boy told his father he saw his alleged attacker on the street, the father called the police, who arrested the suspect. He confessed to nine other attacks on neighborhood boys.

Meanwhile, in the same neighborhood, a 43-year-old man was arrested and remanded Wednesday for molesting boys in recent years. Two teenage boys who complained that the man had molested them said he had attacked at least 10 boys, some of them allegedly friends of his children. [...]

Rav Sternbuch - Finding one's greatness

Rav Sternbuch Shavuos II

Rav Sternbuch & Theory of Evolution

Intermarried Rabbis (revised)

Jewish Week forwarded by RaP

[...]A few weeks ago New Voices, a Jewish student magazine, published “The Coming of the Intermarried Rabbi,” which leads with the story of a Berkeley, Calif., man denied admission to Hebrew College’s rabbinical school because his wife is Christian. Earlier this year InterfaithFamily.com raised the issue as well, with “Why I Am Not a Rabbi,” an essay about being rejected from the Reform movement’s Hebrew Union College because the author’s non-Jewish husband was deemed a “problem” to be “fixed.” Both articles have been magnets for online comments, listserv discussions and blog postings, and in a few weeks the VeAhavta Collaborative, a new group of rabbis, rabbinical students and prospective rabbinical students dedicated to discussing this issue, is holding its first meeting.[...]

R' Klein - Abusers don't threaten society

Regarding my recent posting of Rav Menashe Klein's teshuva regarding child abuse, he accurately notes that the Torah requires two valid witnesses and other restrictions which make it obvious that the Torah can not deal with the plague of child abuse. He is in essence saying since we are halachic Jews - we can not violate the halacha just because we have a problem that can't be dealt with by halacha.

On the other hand Rav Eliashiv (click the link) and many other gedolim note that we are not allowed to let our society be destroyed by following the law of the Torah. There is a second mode of judicial operation called ais la'asos or migder milsa which must be invoked. This approach is clearly stated in the gemora and openly discussed by many rishonim and achronim and is codified in the Shulchan Aruch Choshen Mishpat 2. The Tzitz Eliezer has a long and learned discussion of this in 19:51.

Thus the issue is: 1) is our society threatened by child abuse? 2) who is authorized to prescribe extra legal procedures? Rav Klein clearly doesn't feel that our society is seriously threatened by abuse and he seems to feel that the rabbis who permitted extra legal procedures are a greater danger to Judaism.

Abuse - Ramat Beit Shemesh/ The System

JPost

For Zehava (not her real name), the decision to break with the stringent cultural norms of her tight-knit haredi community in Ramat Beit Shemesh and report the suspected sexual abuse of her three-year-old child to the secular authorities came quickly.

"I grew up in the community, but I have always been open and accepting of the world around me," begins the haredi-raised Zehava, as she shares the story of her battle against the town's religious leaders, who in her view turn a blind eye to the ongoing problem of sexual abuse in the semi-private haredi school system.

"We have an epidemic on our hands, and there is complete denial here that there is anything wrong," she continues. "I spoke to the rabbis and other community leaders here, but they all called me a liar and said that this kind of thing does not happen here... but it does."

Sadly, Zehava, a recent immigrant from the US, has proof of such abuse and is one of a growing number parents from Ramat Beit Shemesh becoming increasingly frustrated with their leaders' continual denial of the problem.

"Families of the victims are made to feel stupid," she says, adding that they are very often ostracized for speaking out about the problem on any level. "But I will not keep quiet; I want to do all I can to make sure that this does not happen to another child," she insists.

"I still feel guilty that I did not pay attention and continued to send my child to [kindergarten] every day," continues Zehava, describing how her child stopped talking, would not sleep at night and was often inconsolable after being continually abused by the teacher.

Only after two years of medical checks and, eventually, speech therapy did the whole story come out. Zehava took her child to the Jerusalem Center for Child Abuse, where her suspicions were confirmed.

"I know this has happened in other schools, too, because I have since met several parents who tell similar stories about their children," says Zehava, who met with other haredi parents earlier this week under the auspices of the Beit Shemesh-based community organization Lema'an Achai to brainstorm ways to tackle the issue.

"We are a lightning rod for all sorts of problems in the community here," says David Morris, founder and chairman of Lema'an Achai, which provides among its services support and guidance for haredi parents who believe their children might have been sexually abused.

Last summer, the organization set up the "Safe-Kids" hot line in conjunction with the Beit Shemesh social welfare services to provide a lifeline to local families whose children have been abused. While the service has not been inundated with calls, Morris says there have been between five and 10 concrete reports of sexual abuse in the community - and that is just the tip of the iceberg.

"If only one in 10 children actually reports what has happened to them, and then only one in 10 parents goes on to officially report what has happened to their child, and the police or social welfare services only get around to investigating one in 10 complaints, that means there are many more cases out there that we don't get to hear about," he says.[...]

Obama's vision for Middle East peace

NYTimes

During a telephone interview Tuesday with President Obama about his speech to Arabs and Muslims in Cairo on Thursday, I got to tell the president my favorite Middle East joke. It gave him a good laugh. It goes like this:

There is this very pious Jew named Goldberg who always dreamed of winning the lottery. Every Sabbath, he’d go to synagogue and pray: “God, I have been such a pious Jew all my life. What would be so bad if I won the lottery?” But the lottery would come and Goldberg wouldn’t win. Week after week, Goldberg would pray to win the lottery, but the lottery would come and Goldberg wouldn’t win. Finally, one Sabbath, Goldberg wails to the heavens and says: “God, I have been so pious for so long, what do I have to do to win the lottery?”

And the heavens parted and the voice of God came down: “Goldberg, give me a chance! Buy a ticket!”

I told the president that joke because in reading the Arab and Israeli press this week, everyone seemed to be telling him what he needed to do and say in Cairo, but nobody was indicating how they were going to step up and do something different. Everyone wants peace, but nobody wants to buy a ticket.

“We have a joke around the White House,” the president said. “We’re just going to keep on telling the truth until it stops working — and nowhere is truth-telling more important than the Middle East.”

A key part of his message, he said, will be: “Stop saying one thing behind closed doors and saying something else publicly.” He then explained: “There are a lot of Arab countries more concerned about Iran developing a nuclear weapon than the ‘threat’ from Israel, but won’t admit it.” There are a lot of Israelis, “who recognize that their current path is unsustainable, and they need to make some tough choices on settlements to achieve a two-state solution — that is in their long-term interest — but not enough folks are willing to recognize that publicly.”[...]

Draft-dodging and Tal Law

Arutz7

(IsraelNN.com) Retired IDF Major-General Elazar Stern spoke at an event rallying for the end of the Tal Law, which allows full-time yeshiva students to postpone their IDF service. Prior to his retirement earlier this week, Stern served as head of IDF manpower. The event was held in advance of a Supreme Court hearing next week regarding the law.

The issues of hareidi-religious IDF exemptions, and of draft dodging in other Israeli Jewish communities, threaten more than just IDF manpower, Stern said. Israeli society is “rotting from within,” he said."If we are no longer socially involved, that will be one of the biggest existential threats we face,” he warned. He rejected calls to make IDF service optional, saying, “Mandatory enlistment is about much more than the number of recruits.” Israel cannot afford to pay soldiers a much higher wage in order to lure young men and women to volunteer for service, he added.[...]

Conversion - Court ordered funding to Reform

JPost:

The Knesset Immigration, Absorption and Diaspora Affairs Committee held a stormy debate on Monday afternoon over whether or not the state is implementing the recent High Court of Justice ruling requiring it to fund non-Orthodox conversion programs.

The urgent hearing was held at the request of MK Shlomo Molla (Kadima).

"The court was called in to address this matter because the state gave the Orthodox institutions a monopoly on conversion. There is room in Israel for religious pluralism," said Molla. "That is why the courts passed the reins on to us."

Molla, in his opening remarks, emphasized that he did not intend to hold a halachic debate on the nature of Reform conversion, but rather to discuss the division of funds for such private conversion centers.

"It cannot be that the Israeli taxpayer is funding only one type of conversion," he said. "Religious pluralism is a foundation stone of any democratic state. The state must therefore view all of the streams of Judaism as equals and the Immigrant Absorption Ministry must carry out the High Court ruling to the letter of the law."

But it was exactly the halachic debate to which lawmakers were drawn, with MK Moshe Gafni (United Torah Judaism) infuriating representatives of the Reform Movement by terming them "haters of Israel."

"There are rules set for joining the Jewish people," said Gafni. "It is not just being here and being a citizen. Mixing these fields could bring about a national tragedy."

Shas faction chairman MK Avraham Michaeli argued that "the High Court ruling is causing waste of the government's money, because the Reform converts are not achieving the goals of conversion. Their conversions do not allow them anything in terms of marriage and divorce, and they cause confusion and divisiveness among the nation." [...]

Abuse - Female teachers as predators

Time Magazine

[...] "This isn't an 'affair,' it's abuse, and we have to shift that paradigm," says Terri Miller, president of Stop Educator Sexual Abuse, Misconduct and Exploitation (SESAME) in Nevada. "We say, 'Bully for the boy and his conquest of the geometry teacher,' but that makes it harder for boys to vocalize their victimization." Indeed, studies by psychologists like Julie Hislop, author of the 2001 book Female Sex Offenders: What Therapists, Law Enforcement and Child Protective Services Need to Know, note that boys who are sexually abused by women often develop alcoholism, depression and their own sexual dysfunctions, including rape, as men. [...]

Divorce & Chareidi women

Haaretz

She left an encouraging meeting with the matchmaker and waited patiently for her daughters, aged 7 and 6, to finish their art therapy workshop. Aliza (not her real name) is a 27, ultra-Orthodox, and she is sharp, self-confident, with a ready smile. She received her get, or Jewish bill of divorce, a year ago, but she separated years before from the man she had married young and is raising their daughters alone. Like all the women interviewed for this article, she brings her children to the Em Habanim center several times a week, mostly in the afternoon. She recently participated in a series of psychodrama sessions "to increase consciousness in preparation for remarriage," and will soon complete real estate agent training, in preparation for a second, more lucrative career.

On one recent morning her daughter cried all the way to preschool. Aliza overheard the teachers telling each other that there is nothing to be done, that's how it is with girls whose parents are divorced. "Sometimes I feel as fragile as an egg, and yet I must soldier on, be strong, be the mom and the dad," says Aliza. "Shabbat is the hardest. Even though I have a warm family and friends and today there is much more openness toward divorce in Haredi society, nothing can make you get used to the feeling of loneliness on Shabbat."

For Aliza and more than 300 other Haredi women who belong to Em Habanim, the nonprofit organization is more than a recreational center. Some of the families here spend Shabbatot and holidays together under its auspices, and the women operate a social group that continues long past the center's hours and includes Internet forums for divorced Haredi women.

"Coming here is a joy. It doesn't solve my problems, and doesn't increase my child support payments. The main thing here is dealing with things together, and the fact that the staff put their hearts and souls into it. It's a heavy load; it grows much lighter together," Aliza says. During a hallway chat, one of the staffers unthinkingly uttered the phrase "broken home," and it was clear he was referring to family, any family, post-divorce. In Haredi society, and also outside it, this term is still part of learned explanations as to why a boy from a "broken home" will not be admitted to a sought-after educational institution, or why another boy is not excelling in school, and why both are likely, in a few years, to marry women who likewise came from "broken homes." [...]

Eiruv Tavshilin - Don't Forget!

Aish HaTorah

1. Which activities does the eiruv permit?
All activities that are permitted on Yom Tov -- e.g. cooking, grinding and sorting, as well as washing dishes and lighting candles. Activities that are forbidden on Yom Tov do not become permitted due to the eiruv, such as turning on lights.

2. Who has to make an eiruv tavshilin?
Usually, every individual is obligated in this mitzvah. In practice, when the head of the household makes an eiruv, all the family members are included.

3. Who does not require an eiruv tavshilin?
A person who does not intend making any preparations on Friday for Shabbat, and does not need to kindle Shabbat lights. A person who needs only to kindle Shabbat lights, should make an eiruv without a blessing. This may be relevant for a person who is staying in a hotel or is invited out for all the Shabbat meals.

4. Is a visitor included in the host's eiruv?
No. Therefore, he must make his own eiruv if he intends to do some Shabbat preparations on Friday. Alternatively, he can become a partner in the family's eiruv by acquiring a share in the food.

DESIGNATING THE EIRUV

5. Which blessing is recited upon making the eiruv tavshilin?
While standing, and holding the food in the right hand, say:

Baruch ata Ado-noi Elo-heinu melech ha-olam, Asher kid-shanu bi-mitzvo-tav, Vi-tzee-vanu al mitzvat eiruv. Blessed are You, the Lord our God, King of the universe, Who sanctified us with His commandments, and commanded us in the mitzvah of eiruv.

6. Is anything else said?
Yes. Following the blessing, a declaration must be made describing the purpose of the eiruv foods. This declaration is traditionally said in Aramaic, but it must be said in a language that one understands. So if one does not understand the Aramaic words, he should say the following translation:

By means of these eiruv foods, we will be permitted to bake, cook, keep foods warm, light candles, carry, and do all that we need on Yom Tov for Shabbat.

7. Should the eiruv foods be held when reciting the blessing and eiruv declaration?
Yes. If you forgot to hold the foods, you should pick up the foods and repeat the declaration, but not the blessing.

Hello is now a hug

NYTimes

There is so much hugging at Pascack Hills High School in Montvale, N.J., that students have broken down the hugs by type:

There is the basic friend hug, probably the most popular, and the bear hug, of course. But now there is also the bear claw, when a boy embraces a girl awkwardly with his elbows poking out.

There is the hug that starts with a high-five, then moves into a fist bump, followed by a slap on the back and an embrace.

There’s the shake and lean; the hug from behind; and, the newest addition, the triple — any combination of three girls and boys hugging at once.

“We’re not afraid, we just get in and hug,” said Danny Schneider, a junior at the school, where hallway hugging began shortly after 7 a.m. on a recent morning as students arrived. “The guy friends, we don’t care. You just get right in there and jump in.”

There are romantic hugs, too, but that is not what these teenagers are talking about. [...]

HaRav Moshe Sternbuch, shlita - Shavuos

My Sefer on Abuse - Chapter Outline

Outline- Abuse - Final Version

Israel jails American to give Get

JPost

In a groundbreaking ruling, the Tel Aviv Rabbinical Court had the final say this week in the divorce case of a Jewish American couple that has dragged on for six years, as the husband has refused to grant his wife a get (Jewish divorce).

After three nights in jail and a ban preventing him from leaving the country, however, the wanton husband - who is not an Israeli citizen - finally succumbed to the demands of the Rabbinic Court Administration (RCA) and agreed to free his wife from their marriage. It was the first time that Israel's religious court system has ever flexed its muscles in a case involving Jews from abroad.

"This is the first time that the Rabbinic Court Administration has imposed such sanctions on a person who is not a citizen of Israel," said a spokeswoman for the RCA, adding that the husband had "never really believed that the religious courts had this power, because he is not a citizen of this country."

She explained that a change in legislation three years ago gave the RCA jurisdiction over cases involving Jews residing here who are not citizens.

According to the information published Wednesday by the RCA, the man had been traveling back and forth between Israel and the US for the past two years, and therefore, under Israeli law, had established Israel as the center of his life.

Just over a year ago, the wife petitioned the Tel Aviv Rabbinical Court, asking the administration to impose sanctions on her husband to obtain a get. The RCA then began the standard process of demands on husbands who refuse to agree to a divorce.[...]

Gay marriage ban upheld in California

NYTimes

The California Supreme Court upheld a ban on same-sex marriage today, ratifying a decision made by voters last year at a time when several state governments have moved in an opposite direction.

The decision, however, preserves the 18,000 marriages performed between the court’s decision last May that same-sex marriage was lawful and the passage by voters in November of Proposition 8, which banned it. Supporters of the proposition argued that the marriages should no longer be recognized.[...]

Chareidi surrogate motherhood - kosher!

YNET reports:

For the first time in Israel an ultra-Orthodox woman will serve as a surrogate mother, after receiving authorization to do so from a rabbi.

The woman, a widowed mother from southern Israel, started making inquiries about the possibility of becoming a surrogate mother several years ago, seeking to help a childless couple bring a baby into the world. But the woman was concerned of her neighbors' reactions should she become pregnant, and asked the Institute of Fertility and Medicine According to Halacha to arrange a halachic approval from a rabbi explaining her condition and guaranteeing she was not "promiscuous." Rabbi Menachem Borshtein, head of the institute, said that such an approval was given by Rabbi Zalman Nehamia Goldberg, and this gave the woman the green light to continue with the procedure. [,,,]

Danger from internet predators - factors

CNN reports

Study identifies risk factors from Internet predators

Childhood abuse, use of sexy images puts girls at increased risk

These factors more crucial than Internet naivete or sexual innocence,

Authors urge caregivers to carefully monitor how girls present themselves online

(CNN) -- A history of childhood abuse and use of a provocative online identity increase the risk that girls will be victimized by someone they meet on the Internet, according to a study appearing in the June issue of
Pediatrics.

While highlighting the dangers that exist for adolescent girls, the study's authors also offer a word to parents: You can lessen the risks to your children by monitoring their Internet use.The authors sought to identify risk factors connected to increased rates of Internet-initiated victimization of girls. They also wanted to find out whether abuse victims showed increased vulnerability to online victimization.

They found that girls are more likely to experience online sexual advances or have offline encounters if they have previously been abused or have a provocative avatar, which is a digital image meant to represent the user online. Those two factors pose a greater risk to adolescents than perhaps more traditionally considered risks, such as Internet naivete and sexual innocence, the study says.

The authors say many Internet-initiated sex crimes originate on social networking sites, which require users to create online identities.[...]

Shas - Reform conversions will attract Palestinians

Haaretz

The religious parties in the Knesset are demanding that the government amend the law to make the Chief Rabbinate the only body authorized to deal with matters of conversion in Israel.

Interior Minister Eli Yishai, chairman of the ultra-Orthodox Shas party, warned that if non-Orthodox conversion is recognized in Israel, "there are hundreds of foreign workers and Palestinians who will take advantage of the Reform conversion in order to gain Israeli citizenship."

Chief Rabbi Shlomo Amar, who heads conversions in Israel, along with Ashkenazi Chief Rabbi Yona Metzger, held an emergency meeting at their office on Sunday, attended by the religious ministers and MKs, in order to formulate a response to last week's Supreme Court ruling affecting conversion.

In its decision, the Supreme Court ordered the state to fund conversion centers that are being run by the Reform movement in Israel.

Amar warned that the Supreme Court ruling is part of a broader effort by the court to undermine the power of the Chief Rabbinate and of Jewish orthodoxy in Israel.

"The next step of the Supreme Court will be to recognize Reform conversions," Amar said.

Currently the state does not recognize reform or conservative conversions, unless these are started with studies in recognized Reform and Conservative centers out of the country and given a final test and seal of approval from the Orthodox Rabbinate here.

Rav Sternbuch - Protesting against gay marriage

TRANSLATED FROM HEBREW

In reply to your query if we are obliged to protest against the new law of legalizing the marriage of Sodom which apparently seems that it does not affect us, the Raavad HoRav Sternbuch said this is an egregious law.

Don’t mistakenly think that this doesn’t affect us. Because if this is accepted as law, it will spread the influence of impurity to other places in America and cause great damage even in our homes. Our commentators explained that in the Generation of the Flood – that even the animals coupled unnaturally with different species - because of the influence of the spiritual impurity that abounded then. Isolating ourselves from the rest of society does not stop the spread of the influence of this impurity.

In addition, there is the tremendous chillul HaShem of our standing by silently. They are pushing the acceptance of the idea that lowly animalistic relationships should have the same legitimacy and status of marriage, as the bond of marriage between man and woman. The Jewish People have the duty to serve as “Light to the World” – how can we be silent in the face of this abomination?

We turn to our Father in Heaven that He should at least hear the voice of great protest from the community - and the decree should be nullified.

We should soon merit the mercy of Heaven and the complete Redemption.

Gay marriage - legal consequences

NYTimes

The movement toward legalizing same-sex marriage in New Hampshire has hit a bump. Gov. John Lynch, a Democrat, said last week that he would sign a same-sex marriage bill only if it included new language expanding protection for religious institutions that might object to same-sex marriage. On Wednesday, the state’s House of Representatives rejected that amendment. So for the moment, the matter is stalled in New Hampshire.

But whatever the outcome, Mr. Lynch may have moved the debate over same-sex marriage forward, at least by isolating it from the question of how it affects religious groups.

For some time, scholars have debated this issue, and some are now urging states considering same-sex marriage laws to include strong protections for religious organizations. Some are even suggesting protections for individuals and small businesses who offer services for weddings — like photographers, florists, caterers, bakers, wedding planners and musicians. The argument is that these individuals and businesses might have religious objections to gay couples’ marrying and could be exposed to sizable fines or strong penalties under nondiscrimination statutes.

The deliberations in New Hampshire could have implications for New York, where the legalization of same-sex marriage hovers on the brink without the kind of protection for religious groups that Mr. Lynch demanded. New Hampshire’s experience may also affect current debates in the District of Columbia and Rhode Island, or even in California, if the State Supreme Court there rules next week either to overturn Proposition 8, the constitutional amendment banning same-sex marriage that passed last November or to uphold the marriages performed for 18,000 same-sex couples before November.

Opponents of same-sex marriage have frequently said it threatens to penalize members of the clergy who refuse to solemnize such unions or who preach against them. Legal experts almost unanimously dismiss such alarms. Refusals to officiate or to mute a religious doctrine, they say, are solidly protected by the First Amendment.

But that is not where the real issue lies. What would be the impact of legalizing same-sex marriage on a broader range of religious institutions?

Would Catholic universities now providing housing for married couples be required to accommodate same-sex couples? Would church or synagogue facilities used for wedding receptions have to be equally available for same-sex celebrations? How would provisions forbidding discrimination on the grounds of marital status affect employment and benefits policies or adoption services like the specialized adoption services that Catholic Charities in Massachusetts suspended after the state legalized same-sex marriage and ordered the church group to place children with gay couples? [...]

Religious observance vs. campus temptations

JPost wrote:

They're young, intelligent, good-looking and single - and their libidos are at a peak. They meet others like themselves on campus, in class, in the cafeteria and during activities held by the students' unions. Sometimes the result is just flirtation, but sometimes it goes farther.

Life on the campuses of the nation's colleges and universities is not just about scholarship and book-knowledge. For some secular-minded students, free sex is a rite of passage, a phase in one's development. But for an increasing number of religious youths, the encounter with the secular world results in culture shock that can totally undermine a religious world-view still in its formative stages.

"My rabbis warned me before I went to learn in university," said one religious female student. "They told me that the lecturers and professor there teach apostasy and ideas that contradict religious faith.

"I've been at university for two years and have never been taught ideas subversive to my faith. Nevertheless, my [level of observance] has plummeted. The danger is not in the classroom; it is during the breaks, around campus, on the lawn, in the coffee shop. The atmosphere here is very secular. And it is very tempting."

This religious student's testimony is one of several quoted by Yona Goodman, a veteran religious Zionist educator, in a controversial article entitled "Culture Shock." The article, which appeared in the recent edition of Tzohar, an influential periodical written by and for religious Zionist rabbis, has aroused a flurry of interest and controversy in modern Orthodox circles.[...]

R' Tendler & Temple Mount

Lashon HaRah - saves life /Tzitz Eliezer

Tzitz Eliezer(15:13.1): Question: A doctor discovered that his patient has defective vision which can cause him to have auto accidents when driving under certain circumstances – such as under the conditions of his job or at night….The patient doesn’t want to stop driving or to change his job. Is the doctor obligated to keep this confidential or is he obligated to notify the appropriate agency (whether governmental or his employer) concerning this matter? It is likely that this information will cause his patient economic damage or his interaction with society. What if the patient asks him to keep this confidential and he promises to stop from driving under the dangerous circumstances – but the doctor is not convinced that he can be believed to stop driving? Answer: There is no question that the doctor is obligated to notify the appropriate governmental agency or employer so that they can have the patient drive within his limitation. Even if the patient requests the doctor to keep his illness a secret and promises to stop driving… As long as the doctor is not convinced that he will do so – he is obligated to notify the agencies. It is also not only obvious that if the doctor is summoned to testify concerning this that he must go and testify. [Furthermore his oath as a doctor to keep medical information secret does not apply to these cases nor does a private oath to the patient. That is because it would mean that he is taking an oath to nullify a mitzva and thus it is simply invalid. His oath as a doctor shouldn’t apply to information which if it is withheld would constitute a crime. (All this is discussed in greater detail in Tzitz Eliezer 3:81 part 2 and 3.)]. But even if he was not summoned he is still obligated to take the initiative to inform the appropriate agencies because otherwise the patient might be a danger to the lives of others. If the doctor refrains from notifying the agencies than he has transgressed the Torah command of “not standing by the blood of your fellow.” Therefore the doctor should not take into consideration that his act of informing might cause economic or social damage. That is because nothing stands in the way of saving life (pikuach nefesh). I want to add to this what I found in the Pischei Teshuva (O.C. 156): “And I want to comment on the issue that all the mussar books make a big deal about speaking lashon harah, but I want to make a big deal about the opposite. That is the greater and more common sin of refraining from speaking lashon harah when it is needed to save a person from harm …” These words express much clearer and forcefully what I have been saying. The Pischei Teshuva notes that a person’s intent should not be to harm the person he is speaking about but rather for the benefit of the person he is telling and others that he is saving from harm. Because by focusing on helping he fulfills a great inestimable mitzva. I also found a similar case in the Chelkas Yaakov (3:136) concerning a young man who the doctor found had cancer. The young man and his family didn’t know about it at all. The man was engaged to marry a young woman. His question was whether the doctor was obligated to reveal the sickness to his fiancée as well as well as the fact that he only had at most one or two years to live. It was obvious that if she found out this information she would not marry him. The Chelkas Yaakov replied that the doctor was obligated to inform the fiancée because the main halacha issue is that the doctor should not violate the mitzva of “not standing by the blood of your fellow.” He based his psak on the Rambam (Hilchos Rotzeach 1:14) and Shulchan Aruch (C.M. 426)…. So surely this is true in our case where the matter might cause actual danger to the lives of others. So there is absolutely no question that if the doctor does not reveal the information to the appropriate agencies now, he will be transgressing by this withholding - of the prohibition of “not standing by the blood of your fellow.” Therefore it is absolutely permitted for the doctor and also is clearly obligatory for him to notify the appropriate government agency or employer concerning the limitation of his patients vision.

Abuse - Molesters and jail time

David Mandel (Director of Ohel) in the September 2007 Jewish Observer

That most perpetrators do not go to jail is not a Jewish phenomenon. Former Westchester District Attorney Jeanine Pirro was noted for her aggressive pursuit of pedophiles. In six years of sting operations, 1999-2005, she succeeded in the arrests of 111 men with a 100% conviction rate. The overwhelming majority received probation with only eight perpetrators sentenced to jail (New York Times, 10.13.06).

However that New York Times article noted that Pirro's conviction rate was inflated by plea bargaining which minimizes the likelihood of going to jail. Other district attorneys had a higher rate of prison sentences

While Ms. Pirro’s press releases repeatedly pointed out that the crimes were felonies punishable by up to four years in state prison for each count, a review of the cases shows that the overwhelming majority of people received sentences that let them avoid extensive jail time.

In most nearby counties, prosecutors have had a higher rate of felony convictions in similar cases, because Ms. Pirro allowed nearly one in five defendants to plead down from felonies to misdemeanors, according to prosecutors’ statistics.

Only eight of the men prosecuted by Ms. Pirro were given outright prison sentences by judges, according to records from the district attorney’s office. The rest, 93 percent, received some form of probation. “In many cases, we asked for jail time and didn’t get it,” Ms. Pirro said.

According to Lucian Chalfen, a spokesman for the current Westchester district attorney, Janet DiFiore, who has continued the sting program, 54 people indicted in the operation under Ms. Pirro received only probation, generally of five years. Mr. Chalfen said 46 others received so-called shock probation, which called for weekends behind bars.

Two cases went to trial. Both defendants were convicted, but one conviction was overturned on appeal, and the other will be appealed on similar grounds.[...]

Other district attorneys’ offices in counties of comparable size, like Nassau, as well as in larger ones, like Manhattan and Brooklyn, that have prosecuted Internet sex crimes involving the same statute that Ms. Pirro’s office used — attempting to disseminate indecent material to a minor — seem more resistant to bargaining with defendants.

The Nassau County district attorney, Kathleen Rice, said that of the 40 individuals charged by her office since 2001 for trying to sexually entice minors over the Internet, 34 pleaded guilty to the initial felony charge and only one pleaded to a lesser count, harassment. Of the others, one was found guilty, one died and three cases are pending.

“When we have someone arrested on the top count, my general position is, absolutely no pleas,” Ms. Rice said.

Of the 49 people indicted on the felony charge of attempting to disseminate indecent material to a minor in Manhattan between July 1999 and the end of 2005, all but three were convicted on that charge, said Barbara Thompson, a spokeswoman for the Manhattan district attorney, Robert M. Morgenthau. [...]

Rav Moshe Sternbuch, Economic crisis

Published in Yated Ne'eman

No greater happiness than resolving uncertainty

NYTimes

Seventy-six years ago, Franklin Delano Roosevelt took to the inaugural dais and reminded a nation that its recent troubles “concern, thank God, only material things.” In the midst of the Depression, he urged Americans to remember that “happiness lies not in the mere possession of money” and to recognize “the falsity of material wealth as the standard of success.”

“The only thing we have to fear,” he claimed, “is fear itself.”

As it turned out, Americans had a great deal more to fear than that, and their innocent belief that money buys happiness was entirely correct. Psychologists and economists now know that although the very rich are no happier than the merely rich, for the other 99 percent of us, happiness is greatly enhanced by a few quaint assets, like shelter, sustenance and security. Those who think the material is immaterial have probably never stood in a breadline. [...]

Our national gloom is real enough, but it isn’t a matter of insufficient funds. It’s a matter of insufficient certainty. Americans have been perfectly happy with far less wealth than most of us have now, and we could quickly become those Americans again — if only we knew we had to.

Deprogramming terrorists

Haaretz

Professor Arie Kruglanski, co-director of the National Center for the Study of Terrorism and the Response to Terrorism at the University of Maryland, has interviewed Islamic fundamentalist terrorists in jails in the Philippines and Singapore, among them prisoners who had planned attacks on Israeli embassies. "It's not enough to lock them up in order to punish them," he says. "One should, and can, persuade them to rehabilitate."

Kruglanski, a cognitive social psychologist, has been working with several other researchers from the University of Maryland on a new study financed by the U.S. Department of Homeland Security. The research is aimed to help the administration cope with Muslim detainees who have adhered to the global Jihad ideology; Homeland Security has earmarked $12 million for the project.

The researchers interviewed terrorists of the Abu Sayyaf group and the Moro Liberation Front, both based in the Philippines, as well as the Southeast Asian group Jamaa Islamiya, but have not been allowed to meet the Al-Qaida and Afghani detainees held in Guantanamo - the prison the new U.S. administration is seeking to shut down.

"We are trying to understand," says Kruglanski, "what would persuade detained terrorists to desist from returning to violence." He says initial results indicate at least two primary motives that might cause what is called 'de-radicalization.' One group of motives is intellectual-cognitive and the other is emotional. "On the intellectual-cognitive level, we try to present theological arguments that they might accept. We try to convince them Islam is a religion that forbids harming innocent people. This approach is more effective when you speak with terrorist leaders who possess religious authority. However, in order to persuade them, you have to bring in senior religious personalities whose authority they will accept. You can call it a theological battle of the minds."

This method proved itself, especially in Egypt. Over the past decade, the Egyptian authorities succeeded in convincing Muslim militant groups such as Jamaa Islamiya and the Jihadists to abandon the armed struggle. Those authorities managed to do so with the help of distinguished religious leaders from the Al-Azhar University, who held long meetings with senior leaders from those two terror organizations. After the terrorist leaders were convinced - through the help of theological arguments - they published articles, books and manifests, calling upon their followers to cease terror and violence, and concentrate on political activity and religious studies only.

The second method used to rehabilitate terrorists has been appealing to their emotions. "Terrorists tire in jails," says Kruglanski, "and this opens the door to offer them an alternative. For that you need, of course, to treat their families fairly, and teach them [the reformed terrorists] a profession with which they could make a living and be absorbed into society once they are released from jail."  [...]

Lashon harah & fear of reporting abuse

Chofetz Chaim(Lashon HaRah - Introduction): What is the reason that the prohibition of lashon harah is so widely ignored - by many people? This apparently is the result of a number of reasons – that are different for the masses and the Torah scholars. The masses simply don’t know that the prohibition of lashon harah applies even if the statement is true. There are many talmidei chachomim – even those who have studied the laws thoroughly and are fully aware that it applies even for true statement – who are misled by their yetzer harah in other aspects. First, the yetzer harah immediately convinces him that the person that he is speaking lashon harah about is a phony and it is a mitzva to publicize when a person is phony or evil. Sometimes the yetzer harah tells him that the person being talked about causes disputes, and therefore it is permitted to say lashon harah about him. Sometimes it seduces him by telling him that there is a leniency since it was said before three people. Sometimes the yetzer harah says that there is a leniency if it said in the presence of the person being talked about – and since he would be willing to say it in the presence of the that person - it is permitted. The yetzer harah reveals to the talmid chachom the relevant sources that seem to support his action [see Principles 2,3 and 8). Sometimes the talmid chachom is seduced by the rationale that this matter isn’t included in the prohibition of lashon harah. For example, what many people commonly do because of our many sins - that they publicize that someone isn’t really a sage. [This is discussed in Principle 5]. In sum, the yetzer harah works in one of two ways. Either it seduces by saying that what is being said is not really lashon harah or that the Torah did not prohibit speaking lashon harah about this particular person. And if the yetzer harah sees that it can’t win by minimizing the prohibition - then it goes in the opposite direction. It convinces the person to take a very strict approach and thus all speech is prohibited as lashon harah. Therefore the person concludes that it is simply impossible to participate in society while observing the prohibition of lashon harah . This is like the advice of the cunning Serpent (Bereishis 3:1); You should eat the fruit of the tree – even though G‑d said that it is forbidden.

Abuse by school officials

CBS News

A new federal study, released exclusively to CBS News, reveals hundreds of cases of abuse of students at the hands of school officials -- and even deaths

The report, done by the Government Accountability Office, finds incidents of abuse of restraints and seclusion, among other forms of mistreatment, in public and private schools alike, all across the country, says CBS News correspondent Nancy Cordes.

A congressional panel has scheduled a hearing about the findings for Tuesday, and child advocates are calling for better laws to protect students. [...] The GAO probe finds hundreds of cases of alleged abuse and death in schools over the past 20 years, Cordes says -- everything from carpet burns from being dragged to a seclusion room, to bruises from being pinned to the ground. Many of the victims were, like Cedric, children with disabilities.

"Seclusion and restraint should only be used in an emergency situation," says Deborah Ziegler of the Council for Exceptional Children.

And the tactics are used more often than parents might think, Cordes points out. In the 2007-2008 school year alone, the Texas public school system reported 18,741 cases of children being restrained.

Laws vary from state-to-state, Cordes, says, and about half the states have no laws at all. [...]

Internet trained converts

JPost

Rabbinic Conversion Court judges are more likely to reject prospective converts who were partially trained via the Internet, a senior source in the Conversion Authority said Sunday.

According to the source, about 70% of prospective converts who are interviewed by the conversion court are accepted. However, among prospective converts who were trained in part via the Internet, only about half are accepted, said the source.

An interview by a panel of three rabbinical judges is the final stage of the conversion process before the convert is circumcised, immersed in a ritual bath and accepted as a full member of the Jewish people.

In preparation for their meeting with the judges, prospective converts must gain extensive theoretical and practical knowledge about Orthodox Judaism through book learning and participation.

Use of the Internet has been found to be beneficial for some prospective converts, said Prof. Binyamin Ish-Shalom, chairman of the Joint Institute for Jewish Studies, the largest institute for the training of converts.

"We use it primarily with university students who have good learning skills and can make better headway studying independently," said Ish-Shalom.

"Young, bright people do not need to spend as much time in the classroom. So there is no reason for them to be physically present throughout all of the learning process," added Ish-Shalom, who said the Internet was not a substitute for in-person meetings with educators but was used as a supplement.

"Internet is a tool that helps us logistically and educationally," said Ish-Shalom.

However, rabbinical judges strongly oppose the use of Internet training for converts.

"Conversion is not just about collecting a bunch of information," said a conversion court source. "It is about forming significant relationships with rabbis, educators, religious families and members of Orthodox communities. [...]