Supreme Court:Sex offenders can be confined beyond sentence

FoxNews

In a 7-2 ruling penned by Justice Stephen Breyer, the Supreme Court says a federal law passed by Congress to keep convicted sex offenders confined beyond the term of their prison sentences is Constitutional. The decision, however, does not foreclose the opportunity for the offenders from continuing to challenge their detention under other legal grounds.

Justice Breyer says there are sound reasons for the law adding that "The Federal Government, as custodian of its prisoners, has the constitutional power to act in order to protect nearby (and other) communities from the danger such prisoners may pose."

Monday's ruling falls under the Constitution's "Necessary and Proper" Clause which Breyer offers five points of justification for upholding the law. "Taken together, these considerations lead us to conclude that the statute is a 'necessary and proper' means of exercising the federal authority that permits Congress to create federal criminal laws, to punish their violation, to imprison violators, to provide appropriately for those imprisoned, and to maintain the security of those who are not imprisoned but who may be affected by the federal imprisonment of others."[...]

Importance of finding kosher fish worms

The following quotes are from my sefer Daas Torah. The essence of the problem is that we need to find kosher worms. There is no problem if in addition to kosher worms we found unkosher ones - that is not a contradiction of 2000 years of tradition from Chazal , Rishonin and Achronim and Shulchan Aruch. It is a problem if we now say that science has determined that there is no such thing as a kosher worm and there never was.

Rivash(487): We are not to decide any of the laws of our Torah and its commandments based on the opinions of scientists and doctors. Because if we were to believe their words, then Torah is not from Heaven—Heaven forbid! They accept this mistaken view because of their false proofs. If you were to determine whether an animal is treyfa based on medical knowledge you would conclude that the majority of the defective animals to be kosher while some that were declared kosher would be declared defective… However, we in fact do not rely on the judgment of medicine but rather on the words of our Sages even if they tell us that right is left. That is because our Sages have received the truth and the interpretations of the mitzvos by tradition generation after generation from Moshe. We do not believe the Greek or Arab scholars whose only source of validation is from their own theory and experimentation which is open to many possible errors—as opposed to our Sages…


Klaussenberger Rebbe:Halacha fromTradition not Science" (Shefa Chaim 6:456): Concerning the assertion of chemists, it is clear that they have absolutely no relevance in matters which are part of our tradition from our sages. The many halachos which don’t have a clear rational basis are not left to the decisions of the scientists. For example, whether a piece of meat which was salted before washing whether it helps to wash it and resalt it? Similarly whether salting requires waiting the amount of time of traveling a mil… Whatever we do concerning these halachos of kashrus are determined solely by the traditions, we have received from our Sages—and not according to the understanding of the scientists…. Even though the Aruch HaShulchan (Yoreh Deah 92:11) expresses surprise that the Halacha seems not in accord to physical reality, all the rest of the poskim view that only the Torah view determines Halacha for us. This is true even when our understanding of nature contradicts the tradition. Therefore whenever the scientists establish something which contradicts our tradition, their views are totally irrelevant against what the view of the sages of our holy true Torah have said… Think careful about this because there are many halachos that our Sages established based on their understanding of nature such as the laws of nidah. If one constantly evaluates these halachos on the basis of the views of the scientists—the Torah would be nullified… Due to our many sins this is the degeneration of our times that the views of the scientists are viewed as more correct than the views of our holy Torah and they desert the springs of living water for dry wells. It is as clear as the sun that the scientists have no part or relevance determining the nature of G‑d’s Torah and they are not to be relied upon concerning matters of Halacha and kashrus. Their investigations do not lead to discovering the truth of Torah and that which they imagine should not determined what we do. It is enough if we rely on them in medical matters which the poskim approve.


Michtav M'Eliyahu(4:355): When Rav Dessler was asked concerning certain halachos that the reason that had been given for them is not in accord with modern science... [for example] (3) This that it is permitted to kill lice because they don't reproduce sexually (Shabbos 107b. Rav Dessler stated that concerning these and those like them—the Halacha never changes even though the reason doesn't make sense to us. We are to hold on to the Halacha with two hands whether to be strict or lenient [not like the Pachad Yitzchok]. The reason for this is that the Halacha was known to Chazal by tradition through the generations and they also knew things through experience.... The important point is that the reasoning they gave did not create the Halacha but rather the reverse was true—the Halacha created the reasoning. The reasoning given in the gemora is not the only possible explanation. If they happened to give explanations on occasion which were only true according to the science of their day—we have an obligation to search out alternative explanations that will justify the Halacha according to modern science.... Even if one cannot find a convincing explanation—we must still believe with perfect faith that the Halacha is still true and we hope that G‑d will enlighten us with an appropriate explanation.


Igros Moshe(Y.D. 2:70): That which is not visible to the naked eye it is not possible that previous generations after the completion of the gemora would know about it. Only the Sages of the Talmud (Chazal), with their kabbala and their sevara, could possibly know about it. We are obligated to believe that everything that they say is true. In contrast, after the completion of the Talmud even the Gaonim...

Kiddush HaShem: Rewarding the oppressor R' Yaakov Kaminetsky

update: The current edition of Emes L'Yaakov says that the source of this idea is from the Alter of Kelm Chachma and Mussar Vol 2 page 345. It is there almost word for word. The interesting thing is that this was part of a long letter the Alter of Kelm wrote to Baron Rothschild thanking him for his efforts on behave of  frumJews. He was in essence using this as a means of praise. If you see that even wicked people who intended only to kill Jews but nevertheless received reward for the resulting kiddush Hashem then surely you who have intent only for good will receive reward for the kiddush hashem that results from your generosity. I haven't found this idea anywhere else.


Rav Yaakov Kaminetsky discusses the mitzva of kiddush hashem in Parshas Emor. (Vayikra 22:32) He notes that it is not a mitzva to sancitfy G-d's name but rather that it is a mitzva that G-d's name be sanctified. From this he learns that children are also obligated in the mitzva of kiddush Hashem and this is justification for the view of some rishonim that children are to be killed rather than allow them to be converted to Christianity.

He adds [Bereishis 27:40] an additional consequence of the mitzva being that G-d's name be sanctified. He claims that the non-Jew who kills the Jew gets reward also for bringing about kiddush haShem. He uses this to explain the gemora in Sanhedrin 96b which describes a number of people such as Haman and Sancheriv whose descendants became Jewish. He says that was the reward for bringing about a kiddush HaShem - even though this was not their intent. He also claims that Yitzchok encouraged Esav to attack Yaacov so that Esav would be rewarded by the resulting kiddush Hashem.

Call the police if other ways to stop abuse?

One of the critical issues regarding child abuse is whether to call the police.

There are a number of questions but perhaps the most relevant is - "If I can stop the abuse without calling the police, am I permitted to call the police?" [This is assuming that the abuser is viewed as a rodef - rather than concern with punishing the abuser. In such a framework the only legitimate motivation for action is preventing future harm. This is also not a problem where the government mandates reporting.]

 In an analogous case, many years ago as I was on my way to shul on Shabbos, I noticed that a power line had falled and was lying on a car - and was sparking. I had two choices, to  stand guard over that wire until after Shabbos or calling the power company. Another case is where there is a medical emergency on Shabbos which is life threatening. The doctor lives a block away. Do I have to walk over to his house or can I call him on Shabbos? This in fact is a dispute amongst the poskim whether the prohibitions of Shabbos are pushed aside or nullified in these cases.

Rav Moshe Halberstam (Yeschurun vol 15) writes:... To summarize the matter, in our case where it is not possible for the children to be on guard day and night to stop their father’s sins [of incest], there is only one solution and that is to report him to the police. Even though I cited before Gittin (7a) where Genieva harassed Mar Ukva who was not permitted to report him to the government. But here it is different where the father is sinning physically there is no other solution. … Therefore if you know of a particular person that he is currently sinning and doing evil with his own children, you are obligated to save them and report the matter to the police immediately. That is so that they lock him up in jail and they leave there for an extended period of time until his lusts subside and it is certain that there is no possibility there he will be able to repeat his disgusting deeds a second time. But if he is not involved now in sin but it is known that he does such things – then it would be proper to give him a warning that if it becomes known or it is heard that that he even touches a part of the finger nail of one of these children then he will go to jail for a long time.

Criticisms of plea bargain in 'Starving Mother' abuse case

YNET

The explanations provided Thursday by the State Prosecution regarding its decision to sign off on the "starving mother's" plea bargain didn't manage to convince many people in the legal system. In a conversation with Ynet, a senior prosecutor leveled scathing criticism on the process and pointed an accusatory figure on the softened approach taken by enforcement bodies towards women when there is fear of renewed haredi riots in the capital.

"This woman is fit to stand trial. However, despite this, it is clear that there is a certain disturbance here that makes it clear that if the court were to convict her, she would be sent to prison for a few months to a year," explained the senior prosecutor, who is unrelated to the case. [...]

R Tzvi Gartner: Ideal halachic approach to abuse

The following excerpt was written as part of an introduction to the pioneering series of teshuvos by gedolim dealing with the issue of child abuse. I translated it from the original Hebrew.

Yeschurun (Volume 15): Concerning the question which is in the spotlight now in America. As is known it has been revealed in recent years amongst the non‑Jews, many incidents of teachers and educators who have sexually or physically abused their students.This matter has been well publicized amongst them because of the great damage physically and obviously psychologically to the children that fall victim to this abuse. (In many of these cases their lives and that of their family are destroyed). Consequently the secular government has become very strict in these matters not only for the perpetrators but also for all educators and those who are involved in professional roles with children. The government now requires that all incidents of suspicion and concern be reported to them. Those who delay or refuse to report problematic incidence within a very short time are liable to monetary punishment and imprisonment. They are also exposed to the possibility of civil lawsuits by the parent’s of the child who have been abused as a consequence of their failure to report. To our great sorrow and our sins, the Orthodox community has not been spared by this plague and unfortunately there have been various incidents amongst us also. The question arises then what should a teacher or educator or others do if they become aware of such an incident as these? Some people claim that everyone is to be presumed to be innocent (chezkas kashrus) and therefore it would be prohibited to report anyone to the secular government. This is especially true if the complaint is not first made in beis din and the beis din agrees that the charges are valid – something which is almost impossible to happen. This is particularly true today when beis din has no authority or mechanism of forcing anyone one to appear before them. Furthermore even if they come to beis din then in general all the evidence will be disqualified because it is based on the testimony of children or other invalid witnesses or it is based on circumstantial evidence which is also not admissible. Even confessions are not valid. In fact the only basis of changing a person’s status from innocent to guilty is by means of the testimony of two male observant adult Jews and not that of children and other invalid witnesses or circumstantial evidence and surely not be means of confessions. That is because a person is not allowed by the Torah to cause himself to labeled as wicked. However others say dealing with abuse cases is equivalent to life saving and stopping people from sin (according to what the rabbi’s and professionals in work in this area have said that someone who is a pedophile might abuse ten’s and sometimes even hundreds of children. And it is almost certain that there is no correction of this problem by repentance alone but he needs to receive professional treatment for an extended time.)

Furthermore while as we noted the government requires reporting, but in most cases the government is not interested in punishing the perpetrator but instead forces him to undergo rehabilitation. Therefore there is no doubt that in such circumstances it is not only permitted but it is obligatory to report. But this is conditional on a proper examination by leading rabbis and professionals as to what the facts are. For example in a number of cities in America, communities courts have been established specifically to deal with these matters. After examination and verifying matters, according to the available evidence, when needed they will permit turning to the secular government. In Elul 5764 the protocols of Torah U’Mesorah for schools was published concerning the issue of abuse. They said that in the case when a teacher is suspicious that someone molested a student, the teacher was to report his suspicions to the principal of the school to clarify the matter. The principal was to consult with a posek or a rabbi who was experienced in these matters as well as professionals. If it seemed that there was a basis to the suspicions then the principal was to report the teacher to the secular authorities as is required by the law [...]

Targeted killings of terrorists by U.S. questioned

NYTIMES

WASHINGTON — The Obama administration’s decision to authorize the killing by the Central Intelligence Agency of a terrorism suspect who is an American citizen has set off a debate over the legal and political limits of drone missile strikes, a mainstay of the campaign against terrorism.

The notion that the government can, in effect, execute one of its own citizens far from a combat zone, with no judicial process and based on secret intelligence, makes some legal authorities deeply uneasy. [...]

Darwin's Theory of Evolution: Weapon against slavery?

BBC

What drove Charles Darwin to his extraordinary ideas on evolution and human origins? Adrian Desmond, with co-author James Moore, argue in a new book that the great scientist had a "sacred cause": the abolition of slavery.

"It makes one's blood boil," said Charles Darwin.

Not much outraged the gentle recluse, but the horrors of slavery could cost him a night's sleep.

He was thinking of the whipped house boy and the thumbscrews used by old ladies in South America, atrocities he had witnessed on the Beagle voyage

The screams stayed with him for life, but how much did they influence his life's work? [...]

Abuse - 'Starving mother' accepts plea bargain

YNET

Plea bargain reached even after the last moment – in the corridors of the court. A woman accused of starving her son accepted a plea bargain on Thursday after evidence was presented at Jerusalem's Magistrate's Court, including testimony from the doctor who cared for the child.

Dr. Michael Weintraub described the terrible state to which the child had deteriorated, and it seems this may have prompted the renewed efforts to agree to a plea bargain she had previously rejected on advice from her rabbis.

According to the agreement, the mother will be under house arrest for three years, and kept away from the children for five years except under conditions to be determined for visiting. She is also expected to undergo medical treatment. After two years, if she meets the conditions of the plea bargain, she will be able to see her children in their house under observation for a few hours each day.

Worm in fish Psak

Rav Sternbuch: Shavuos - A day of Elevation

Rav Sternbuch: Living with Bitachon

Bad Charity: Destroying with kindness

Time Magazine

In the history of foreign aid, it looked pretty harmless: a young Florida businessman decided to collect a million shirts and send them to poor people in Africa. Jason Sadler just wanted to help. He thought he'd start with all the leftover T-shirts from his advertising company, I Wear Your Shirt. But judging from the response Sadler got from a group of foreign-aid bloggers, you'd think he wanted to toss squirrels into wood chippers or steal lunchboxes from fourth-graders.

"I have thick skin, I don't mind, but it's just the way they responded — it was just, 'You're an idiot, here's another stupid idea, I hope this fails,'" Sadler, 27, tells TIME. "It really was offensive because all I'm trying to do is trying to make something good happen and motivate people to get off their butts, get off the couch and do something to help."[...]

Kaifeng undergoing unusual Jewish revival

Jewish Tribune

TORONTO – The ancient Jewish community of Kaifeng, China, is experiencing an unusual revival, with many people interested in learning about their heritage. Shi Lei, a descendant of one of the original Jewish families of Kaifeng and a Chinese national tour guide, will speak in Toronto this month to raise awareness of his community.

The event, co-sponsored by Congregation Darchei Noam and the Canadian Jewish Asian Association, will be held on May 13, 7:30 p.m. (doors open at 7), 864 Sheppard Ave. West.

Shi Lei, 32, a graduate of Henan University, studied Jewish history and religion at Bar-Ilan University, near Tel Aviv, followed by studies at Machon Meir Yeshiva in Jerusalem.

The Kaifeng Jewish community hails from Persia and observes Sephardic tradition, he told the Jewish Tribune in an interview. For instance, the Torah case they use looks like a cylinder.  [...] 

Halachic parameters of sexual behavior

I was asked to give a presentation to a group of Jewish therapists regarding the halachos of sexual activity - in two weeks.

The request was motivated by the fact that child or wife abusers will claim that behavior "X" is permitted or that behavior "Y" is prohibited according to the halacha. Obviously a rav needs to be consulted in a particular case - but therapists also have to have an idea of basic issues as well as areas where there are legitimate alternatives.

However this is not limited to child abuse but includes even the general attitude of the halacha towards sex and marriage - needs to be explicated.

I would appreciate suggestions for issues or problems that you might think might need elucidation. I already have a section in my book about abuse which includes some of this material - but it needs some fine tuning.

4 Elior Chen followers guilty of abuse

YNET

Four members of the cult led by Elior Chen were convicted on Wednesday by the Jerusalem District Court of a line of serious offenses for their involvement in the children's abuse affair. One of the children who was abused is still in hospital in a vegetative state. [...]

Betrayal and Revictimization: Preliminary Findings

Psychological Trauma: Theory, Research, Practice, and Policy
© 2009 American Psychological Association 2009, Vol. 1, No. 3, 242–257

by Robyn L. Gobin and Jennifer J. Freyd University of Oregon

The link between childhood sexual abuse and subsequent sexual, emotional, and physical revictimization has been widely reported. The literature is limited, however, in its exploration of the extent to which the level of betrayal inherent in a given childhood traumatic experience affects the likelihood of experiencing similar revictimization in adolescence and adulthood. This study assessed revictimization within a betrayal trauma framework among a sample of 271 college students. As predicted, individuals who reported experiencing high-betrayal trauma at any time point (childhood, adolescence, or adulthood) were more likely to report experiences of trauma high in betrayal during adolescence and adulthood. Relative risk ratios suggest that those who experience childhood trauma high in betrayal are 4.31 times more likely to be victimized in adolescence and 5.44 times more likely to be victimized in adulthood. Logistic regression analyses identified rate of childhood high-betrayal traumas and high levels of traumatic symptoms as significant predictors of high-betrayal trauma victimization in adolescence. Finally, participants’ responses to an exploratory self-report measure examining the relationship among revictimization, awareness for interpersonal betrayals, and response to betrayals in interpersonal contexts were analyzed. Preliminary findings indicate that revictimization risk may be linked to inaccurate identification of specific intimate partner betrayals and the inability to engage in proper self-protection. Suggestions for future research and clinical implications are discussed.

The formation of healthy intimate relationships involves a willingness to trust others, a secure sense of self in relation to others, a good balance of reliance on and independence from the other, and the ability to appropriately regulate emotions in the face of conflict (Cole & Putnam, 1992). Adaptive social functioning in interpersonal relationships is based on a good conceptualization of appropriate and inappropriate behaviors as well as the ability to feel comfortable communicating personal boundaries and, when necessary, avoid or withdraw from relationships that may be emotionally, physically, or sexually harmful (Cole & Putnam, 1992; DePrince, 2005). The collection of harmful long-term consequences associated with childhood sexual abuse may render survivors vulnerable to involvement in unhealthy interpersonal relationships and, thus, vulnerable to later revictimization.

Frumkeit - self-centered religious instinct

Rav Wolbe (Alei Shur vol 2):On the narrow path to Truth in serving G‑d there is a major impediment which is called “frumkeit” (religiosity) – a term which has no clear and exact translation. “Frumkeit is the natural urge and instinct to become attached to the Creator. This instinct is also found amongst animals. Dovid said, “The lion cubs roar for their prey and ask G‑d for their food” (Tehilim 104:21). “He gives to the beast his food and to the young ravens who call to Him” (Tehilim 247:9). There is no necessity why these verses should be understood as metaphors [and therefore they will be read according to their literal meaning]. Animals have an instinctive feeling that there is someone who is concerned that they have food and this is the same instinct that works in man – but obviously at a higher level. This natural frumkeit helps us in serving G‑d. Without this natural assistance, serving G‑d would be much more difficult.

However this frumkeit, as in all instinctive urges that occur in man, is inherently egoistic and self-centered. Therefore frumkeit pushes man to do only that which is good for himself. Activities between people and actions which are done without ulterior motivations are not derived from frumkeit. One who bases his service of G-d entirely on frumkeit remains self-centered. Even if a person places many pious restrictions on himself – he will never become a kind person and he will never reach the level of being pure motivated. This is why it is necessary that we base our service of G-d on commonsense (da’as). (Study Sotah 22b lists 7 types of activities which it labels as foolish piety. Each one of them is a manifestation of frumkeit without commonsense). Commonsense has to direct our service of G-d. From the moment we desert commonsense and act only according to frumkeit, our Divine service becomes corrupted. This is true even for a person on the level of a Torah scholar. [...]

Afghanistan's last Jew vows to stay put

CNN

Kabul, Afghanistan (CNN) -- Zablon Simintov is always guaranteed the best seat in his local synagogue here, but the privilege comes with a downside: he's the last Jew in Afghanistan.

The country's 800-year-old Jewish community -- an estimated 40,000 strong at its peak -- is now a party of one. [...]

British Anti-Semitism: Review of "Trials of the Diaspora"

NYTimes

Anthony Julius has written a strong, somber book on an appalling subject: the long squalor of Jew-hatred in a supposedly enlightened, humane, liberal society. My first, personal, reflection is to give thanks that my own father, who migrated from Odessa, Russia, to London, had the sense, after sojourning there, to continue on to New York City.

With a training both literary and legal, Julius is well prepared for the immensity of his task. He is a truth-teller, and authentic enough to stand against the English literary and academic establishment, which essentially opposes the right of the state of Israel to exist, while indulging in the humbuggery that its anti-Zionism is not anti-Semitism. Endless boycotts of Israel are urged by this establishment, and might yet have produced a counter­boycott of British universities by many American academics, whether Jewish or not. However, under British law the projected boycotts may be illegal. The fierce relevance of Julius’s book is provoked by this currently prevalent anti-Semitism. [...]

Gay father,surrogate mother & Jewish identity

Haaretz

A homosexual father of twins who were born to a surrogate mother in India is being denied permission to enter the country with his infant sons. The move stems from a family court's refusal to issue a standard legal order that would pave the way for the children to obtain Israeli citizenship.

For the past two months Dan Goldberg and his twin sons, Itai and Liron, have been staying at a Mumbai hotel, awaiting permission from the Jerusalem Family Court to proceed with a paternity test that would determine whether he is indeed their biological father. [...]

Lag BOmer at kever of Rema - 70 years ago

BHol

תיעוד היסטורי: כך חגגו בקרקוב לפני 70 שנה

סדרת תמונות נדירות מתעדת את עליית יהודי פולין לפני השואה, אל קברו של הרמ"א בקראקא, ביום ההילולא - ל"ג בעומר • התמונות, המדהימות בחדותן, מנציחות את התפילות, האווירה, והקבצנים

Rav Sternbuch: Jewish Education

Arabs who saved Jews during Holocaust

Middle East Channel




PBS

Did any Arabs save Jews during the Holocaust? That's the question author Robert Satloff had in mind when he set out to discover the lost, true stories of survival, courage and betrayal in Arab lands during World War II. The history of the Holocaust in Europe is well-documented, but the history of what happened to the Jewish people of North Africa has been mostly forgotten, even in the very towns and cities where it occurred. The truth is remarkable: not only did Jews in Arab lands suffer many of same elements of persecution as Jews in Europe -- arrests, deportations, confiscations and forced labor -- but there were also hopeful stories of "righteous" Arabs reaching out to protect them. [...]

Teacher vs curricula: Determining what works

Newsweek

Since holding teachers responsible for student performance is now all the rage, from the White House to the political right, let us do a simple thought experiment. Imagine an amateur baseball league in which team owners dictate which bats players use. The owners try to choose the best, but the research on bats is so poor, they have to rely on anecdotes—"Barry Bonds hit 73 home runs with maple!"—and on manufacturers' claims. As a result, some teams wind up using bats that are too heavy, too fragile, or no better than a broomstick. Does it make sense to cut players who were forced to use ineffective equipment? [...]

Grandmother goes to jail for slapping foul mouthed granddaughter

Visit msnbc.com for breaking news, world news, and news about the economy

Israel: Jews often disagree with leaders

NYTIMES

Criticizing Israel has long been the equivalent of touching a third rail in many Jewish families and friendships, relegating disagreements to a conversational demilitarized zone where only the innocent and foolhardy go.

“You cannot really engage in that conversation,” said Phillip Moore, a teacher in this Detroit suburb who has embraced strong opinions on many topics in his life — on politics, education, even religion — but avoids the subject of Israel at gatherings of his Jewish relatives.[...]

Incidence of child abuse skyrocketed during recession

Children's Hosptial of Pittsburgh

Pittsburgh, PA - May 1, 2010 -

The number of cases of abusive head trauma in children has increased dramatically since the beginning of the recession in December 2007, according to a multi-center study led by Children's Hospital of Pittsburgh of UPMC.

Results of the study are being presented by lead researcher Rachel Berger, MD, MPH, on Saturday, May 1, at the Pediatric Academic Societies (PAS) annual meeting in Vancouver, British Columbia. Dr. Berger is a child abuse specialist and researcher at Children's Hospital's Child Advocacy Center.[...]

IDF reports serious abuse of soldiers by officers

Haaretz

The annual report of the IDF Ombudsman, which was served to the Knesset Foreign Affairs and Defense Committee on Monday, has revealed serious cases of mistreatment of soldiers inside the Israel Defense Forces.

The report included cases of abuse and humiliation of IDF soldiers by their commanders and inadequate medical treatment in IDF medical clinics.

The Ombudsman report revealed that 6,100 complaints were lodged by soldiers against their commanders in 2009, a decrease of 400 complaints from 2008. Of the 6,100 complaints lodged, 60 percent of the complaints were found to have merit by the IDF Ombudsman. [...]

Interview with HaRav Ruderman, zt"l

Neil Harris wrote to anther list

I recently found a great website, closetotorah.com that is hosting a recording of R Ruderman zt'l, a talmid of Slabodka, being asked questions about the Alter.
The link is:
http://www.closetotorah.com/archives/627
 
I found it to be quite revealing and blogged about it, as well, here.

 

Abuse - Israeli PTSD expert on Time's list

YNET

Prof. Edna Foa, clinical psychologist who developed treatment methodology for post-traumatic stress disorder following second intifada, named one of world's 100 most influential people. 'There were people who hadn't functioned 30 years and were able to function within two months,' she tells Ynet [...]

Historic Conference about Abuse in Summer Camps

VINS

Brooklyn, NY - At an unprecedented meeting in Flatbush last night, directors of thirty six summer camps met to discuss the issue of child molestation in summer camps, bringing to the forefront an issue which, unfortunately, does occur in Jewish summer camps, but more often than not is quietly ignored. This marks, perhaps, the first time the issue of sexual abuse in summer camps has been openly addressed on such a large scale. The meeting was spearheaded by Beth Kaplan, director of Sacred Lives, a small and relatively unknown that deals with child molestation in the frum community. Dozens of camps catering to the yeshivish and Chassidic communities signed on for this initiative.[...]

Sometimes G-d answers with a "no"

s
Hat tip to Rav Y.G. Bechhoffer. Who found a response to the following post. The original post can be read in full following the link. The response is by an anonymous author who is obviously well versed not only in hashkofa but in reality

Original post.

The Great Miracle of the Volcano Shutdown

A universal crisis, millions of people stranded, billions of dollars lost, and one volcanic eruption in Iceland causes chaos across the European continent. Within all this tumult, one Jew merits a smile from the Creator of the World, as if G-d was whispering to him - My son, the whole world was not created except for you כל העולם לא נברא אלא בשבילי.

The story begins with a young Yeshiva student, an 18 year old Yerushalmi,who was mortally ill with fulminate hepatic failure. With little hope of receiving a liver transplant in Israel, Rav Firer sought to send the boy on an emergency flight to Brussels, the world center of liver transplants. The only problem however, is that Brussels under no circumstances transplants non-EU patients, in order to save the scanty supply of livers for Europeans. Nevertheless, it was decided to send him to Brussels despite this knowledge....
==========================
My response: [unknown author]

I have a real problem with these stories in general, and I guess this case really underscores why. Just imagine the other stories that are not being circulated on the internet. Young mother/child/groom/ whoever on waiting list, desperate for transplant, the right liver finally available and s/he finally on top of the list - but could not fly to Belgium due to the volcano and, r"l, passed away. I don't know what happened to whom regarding this liver, but neither do those circulating this story know whose heart could be breaking as they read it. Hashem's ways are indeed mysterious and above our logical comprehension systems. But let's not pretend that the hashgacha always works out for the apparent good of everyone affected.

I happen to think we in our generation, and especially from an educational standpoint our young people, are more in need of examples of tziduk hadin and moving forward in life despite disappointment, loss and suffering, than we are in need of further gushes of chicken soup for our already entitlement-ridden souls. Because this genre has become so ubiquitous, and we are encouraging people to identify (as if they could!) `hashgacha pratis' in their lives, I fear we are weakening rather than strengthening the kind of emuna needed to make it through the real lives most of us lead, the ones in which people die, illness hurts, and hopes are dashed, at least sometimes. I find these kinds of stories dangerous, not only because they promote magical thinking and reinforce theological beliefs of dubious basis in authoritative Jewish sources, but because they reinforce some sort of fantasy that we can ignore the gemara about kesheim shemevarchin al hatov etc. When young people raised on this intellectual diet of gruel actually encounter challenges in life, will they have the keilim, and the examples, to integrate them into their mindset and avodas Hashem? Will they conclude, consciously or unconsciously, that they are unworthy because miracles didn't happen for them? Will they feel cheated out of the hashgacha protis they have been guaranteed and end up angry at their religion r"l?

I don't know, I just feel sometimes we in the frum community live in a haze of wishful thinking we have allowed and sometimes even encouraged. I don't mean to be a downer but to say, let's recognize and fix our problems rather than distracting ourselves from them. For every heartwarming story circulated I'd like to see at least one story that calls us to action, and I mean action to take responsibility for our dysfunctionalities. If only the energy put into the campaign to save Shalom Rubashkin from being overly punished for his crimes could be equally put into a campaign to rid ourselves of corruption and fraud and teach the importance of transparency, integrity, and accountability.  I am seriously considering contacting the guy who started the Chofetz Chaim Heritage Foundation and encouraging him to start a new prong of the movement aimed towards Emes and Yashrus.

Sefer HaNer

Seforim Blog

Not every important work written by a Rishon is blessed with popularity.[1] While many texts were available throughout the generations and utilized to their utmost; others were relegated to obscurity, being published as recently as this century, or even this year. Nearly a month doesn't pass without a "new" Rishon being made available to the public, and often enough in a critical edition. While each work must be evaluated on its own merit, as a whole, every commentary, every volume of Halachic rulings adds to our knowledge and Torah study.[2] [...]

Abuse - Mayo Clinic: Profile of Pedophilia

Mayo Clinic

A Profile of Pedophilia:
Definition, Characteristics of Offenders, Recidivism,
Treatment Outcomes, and Forensic Issues

Pedophilia has become a topic of increased interest, awareness, and concern for both the medical community and the public at large. Increased media exposure, new sexual offender disclosure laws, Web sites that list the names and addresses of convicted sexual offenders, politicians taking a “get tough” stance on sexual offenders, and increased investigations of sexual acts with children have increased public awareness about pedophilia. Because of this increased awareness, it is important for physicians to understand pedophilia, its rate of occurrence, and the characteristics of pedophiles and sexually abused children. In this article, we address research that defines the various types and categories of pedophilia, review available federal data on child molestation and pornography, and briefly discuss the theories on what makes an individual develop a sexual orientation toward children. This article also examines how researchers determine if someone is a pedophile, potential treatments for pedophiles and  sexually abused children, the risk of additional sexual offenses, the effect of mandatory reporting laws on both physicians and

Rav Sternbuch: Natural disasters

Discrimination in dismissal of Druze officer?

YNET

Druze officers on Wednesday protested a military appeals court's decision not to demote former Gaza Division Commander Brigadier-General Moshe Tamir, who allowed his 14-year-old son to drive an army ATV and attempted to cover up the incident after the boy collided with a civilian vehicle.

 
The officers demanded that Brigadier-General Imad Fares, who retired from the Israel Defense Forces following a similar incident, would also be allowed to return to the army's top brass. They said the court's decision to accept Tamir's appeal was a case of harsh discrimination and racism.[...]

Bedatz bans public digital ad displays

Abuse - failure to screen workers

Haaretz

A 70-year-old man with past convictions for murder and rape was arrested on Thursday for allegedly molesting a suicidal 14-year-old girl at the Meir Hospital in Kfar Saba.

Yoseph Nino, a Herzliya resident, had been hired by the hospital through a manpower agency to supervise the teen during nighttime hours to prevent her from hurting herself. The teen had been hospitalized in the hospital's children's wing after attempting to kill herself [...]

Haaretz spy scandal - Caroline Glick

JPost

Over the past two weeks Israel has been rocked by a major espionage scandal in which the Haaretz newspaper plays a central role. To understand the significance of the scandal, it is worthwhile to preface a discussion of it with a look at a smaller story Haaretz developed this week.

On Sunday, Haaretz’s Amira Hass reported that in January, the IDF published a new military order that paves the way for the mass expulsion of illegal aliens from Judea and Samaria. The story sported the disturbing headline, “IDF order will enable mass deportation from West Bank.”

In a follow-up on Monday, Hass reported that 10 self-described human rights organizations (all funded by the New Israel Fund) sent a joint letter to Defense Minister Ehud Barak asking him to rescind the order. She noted, too, that, “the international media also has taken great interest in the story.”[...]

Goodists - those who view themselves as Moral Beings

JPost

Psychologists Nina Mazar and Chen-Bo Zhong of Toronto University recently reported a startling discovery in the journal Psychological Science: those who purchased a “morally virtuous” product, like organic baby food, were less likely to be charitable and more likely to lie and steal than those who purchased conventional products.

The Guardian summarized the findings: “[T]hose . . . who bought green products appeared less willing to share with others a set amount of money than those who bought conventional products. When the green consumers were given the chance to boost their money by cheating on a computer game and then given the opportunity to lie about it – in other words, steal – they did, while the conventional consumers did not.”  Those findings confirmed previous observations of patterns of “moral balancing,” whereby people who have proven their credentials as moral people in one area allow themselves to stray in other areas. Apparently, relatively minor acts that confer some sort of “moral halo” have the effect of licensing subsequent asocial and unethical behavior.[...]

Ramat Beit Shemesh mikve - Chareidim v. Modern Orthodox

JPost

Friction between two religious communities in Ramat Beit Shemesh has surfaced once again, this time over who should take responsibility for the mikve (ritual bath) in a neighborhood that is equally inhabited by both haredi and  national religious communities, The Jerusalem Post has learned.

The tension is focusing on a mikve that opened roughly two years ago on Nahal Dolev and was divided in two last summer by the city’s Religious Council so each community could follow its own interpretation of Jewish law.[...]

Concern about abuse - only from 1970's

Dr. Christine A. Courtois and Dr. Steven N. Gold (Psychological Trauma 2009 1:1 page 3).For several decades now, the knowledge base about psychological trauma has been continually expanding in the professional literature (Friedman, Keane, & Resick, 2007). In the earliest days of the practice of psychotherapy in Europe in the late 19th century, trauma was recognized as playing an important role in the genesis and exacerbation of many psychological difficulties; however, for various reasons, appreciation of the relevance of the experience of trauma to many psychological problems waned through much of the 20th century (Friedman, Resick, & Keane, 2007; Herman, 1992b; van der Kolk, 2007; Monson, Friedman, & LaBash, 2007). It was only in the 1970s that the focused attention on psychological trauma resumed. This trend was catalyzed largely by the difficulties exhibited by Vietnam War veterans and emerging awareness, via the feminist movement, of the alarming prevalence of rape, domestic violence, and all forms of childhood abuse. Renewed awareness of trauma in the 1970s culminated in the inclusion of the diagnosis of posttraumatic stress disorder (PTSD) and the dissociative disorders (DDs) in the in 1980 (American Psychiatric Association [APA], 1980). Since that time empirical and clinical exploration of psychological trauma has sustained and flourished. The extensive literature that has accumulated since the 1970s has simultaneously been accompanied by burgeoning awareness on a societal level of the broad reach, financial costs, and lasting adverse impact of traumatic events. In the final two decades of the 20th century, increasing sensitivity arose about the widespread and emotionally damaging nature of domestic violence, childhood abuse, and sexual assault. More recently, acts of terrorism such as the attacks in the United States on September 11, 2001, and much more recently those in Mumbai, India, the return of thousands of veterans of the wars in Afghanistan and Iraq, and widespread natural disasters such as the tsunami in Southeast Asia in 2004 and Hurricane Katrina have been increasingly framed through the lens of trauma by both professionals and the news media.

Abuse lawsuit: Boy Scouts ordered to pay $18.5 M

Fox News

An Oregon jury's decision to award a man $18.5 million in punitive damages in his case against the Boy Scouts of America will likely be the first of many financial hits the Scouts will take as it prepares to defend itself against a series of sex abuse lawsuits.

The jury on Friday ordered the Scouts to make the payment to Kerry Lewis, the victim of sex abuse by a former assistant Scoutmaster in Portland in the early 1980s.

The case was the first of six filed against the Boy Scouts in the same court in Oregon, with at least one other separate case pending. If mediation fails to settle the other cases, they also could go to trial.[...]

World's first full face transplant

Telegraph

Dr Joan Pere Barret said the patient, who is in his 30s, received a new beard from a donor as part of his new face.

In an operation at Barcelona’s Vall d’Hebron University Hospital lasting 24 hours, the patient now has a new nose, lips, tear ducts, cheekbones and jaw.[...]

R' Shafran: Community's learned elders are wisest arbiters of what is Jewish

Five Towns Jewish Times

As a Jewish teenager, I absorbed a vital truth—arguably the essence of Orthodoxy: The community’s learned elders are the wisest arbiters of what is and is not Jewishly proper.

Over the many years since, I have come to see that truth vindicated time and again. Had I not perceived it in my youth, I sometimes reflect, I might have become enamored of the Conservative movement, which declared fealty to halachah while expressing sensitivity to American realities. I could have chosen to see it as the most promising standard-bearer for Jewish observance in America. And I would have been devastated to see its claim to halachic integrity crash and burn. But I trusted the elders. And, it turned out, they saw more than I did, and predicted precisely what came to be.

What brings the thought to mind are reactions to a recent pronouncement of our contemporary gedolim and z’keinim. When a congregational rabbi tried to create a new institution in Orthodoxy—women serving as rabbis—the Council of Torah Sages felt compelled to declare that any congregation with a woman in a rabbinical role “cannot be considered Orthodox.”

Ben Hirsch: Cracks in the wall of silence about abuse

Jewish Star

Last week, the Flatbush Shomrim issued an alert – a warning – to sex offenders that they would be arrested and prosecuted. The alert also instructed people to report sex crimes directly to the police. Judging from the positive blog posts and the flood of appreciative calls to the Shomrim hotline (to which I was in some cases privy) this message is a welcome one in our community. Indeed, the spate of recent arrests and convictions of those who have preyed sexually on young people seem to be a clear indication that, despite long-held communal norms and pressures, people are gaining the courage to do the right thing and report abusers to the authorities. The endorsement of this behavior by a trusted communal organization whose mission often puts it on the front lines dealing with this issue will, I believe, only reinforce this positive trend. However, in the midst of these positive developments, I am still left to wonder: where are the voices of our rabbinic leadership? While the Flatbush Shomrim alert seems to be endorsed by unnamed local rabbi(s), to date, not a single charedi rabbi has publicly expressed support for this position. Why? [...]

Rav Sternbuch: Prohibition of Lashon Harah

An Eternal Illness The Dangers of Lashon Hara  

Written by Rabbi Daniel Yaakov Travis based on a derasha from

HaGaon Rav Moshe Sternbuch, shlita Ravad of Yerushalayim

Kosher Speech

The Torah discusses tzara 'as, the punishment for lashon hara, at great length. Tzara 'as would first appear on a person's home, and if he does not repent for his lashon hara at that point, it would spread to his clothes. If he continued in his ways even still, then eventually, his body would be afflicted by it. 

Parshas Tazria follows Parshas Shemini, which deals with the kashrus of animals. Outwardly, there seems to be no connection between these two topics; but is there, in fact, a deeper meaning behind this juxtaposition? 

Rav Yisrael Salanter explained that the Torah does this to teach us that it if one wants to protect the sanctity of his neshamah, it is not sufficient to guard oneself from non­kosher food. One's speech has an even greater affect on his neshamah than what one eats. The outer signs of tzara'as come to show the great internal damage caused through lashon hara. 

When Rav Sternbuch first came into yeshiva in London, Rav Shneider encapsulated Rav Yisrael Salanter's words with the following rule: "You are all extremely careful about the kashrus of the food that goes into your mouth. Try to be equally wary of the kashrus of the words that come out of your mouth." 

While eating non-kosher meat is a serious transgression, bringing non-kosher ideas into one's mind can be even more dangerous. At times, the problems with certain written materials are extremely subtle, and the casual reader might not even realize that his neshamah is being infected. Especially with the advent of internet, when anyone can post any idea that he wants for public view, one must take extreme care with regard to what a person reads that it is clean of lashon hara, apikorsis, and other Torah prohibitions.

Punishment For Lashon Hara

The malach who would speak to the Beis Yosef on a regular basis once told him this: 

"Do not worry about those people who have spoken against you. They haven't harmed you; just the opposite, they have helped you. When someone speaks lashon hara about his friend, his mitzvos get transferred to whomever he spoke about. If people realized this, they would have great joy when they hear that someone spoke about them. They would even give gold or silver coins to the person who spoke about them." (Magid Mesherim, Parshas Vayakel) 

The Chovos Halevavos, Shaar Hachaniyah (Chapter 7) also cites this idea. He adds that when a person who speaks lashon hara gets to shamayim, he will find that he is accredited with many transgressions that he does not remember doing. When he asks about them, he will be told that they were taken from the individuals that he spoke lashon hara about, and added to his record.

The Chovos Halevavos cites a story of a chasid whom someone spoke lashon hara about. When the chasid found this out, he sent the speaker a lavish gift consisting of the choicest fruit of that land with the following note: "You were kind enough to give me your mitzvos and take away my aveiros. I am sending you a small token of my appreciation. " 

How can we understand why a person loses all of his Torah and mitzvos by speaking lashon hara? When a person speaks badly about someone else, this creates prosecuting angels against his friend. Exchanging the mitzvos of the speaker for the aveiros of the one he spoke about helps rectify the spiritual damage that has been caused. 

When the subject of the lashon hara gets all of the mitzvos of the person who spoke about him, his reputation in shamayim is exponentially improved. Similarly, by unloading his transgressions onto the person who spoke about him, he is now considered a tzadik. These two actions counter the damage caused by the prosecuting angels, for with all of his mitzvos and lack of aveiros, they can no longer speak badly about him. 

Based on this, the Chasam Sofer (in a derasha for Shavuos) explains what Chazal mean by their statement that when someone becomes a rav, all of his transgressions are forgiven. The reason for this is that after a person gets a position as a rav, many people will speak lashon hara about him. His aveiros will be placed onto all of the people who spoke about him. 

The Chafetz Chaim hints to this concept in the sefer Shemiras Halashon in Shaar Hazechira (Chapter 7). Since this is such a crucial deterrent to prevent someone from speaking lashon hara, why didn't the Chafetz Chaim make a more open reference to the fact that one loses all of his mitzvos ifhe speaks lashon hara? 

Rav Moshe Shneider once asked the Chofetz Chaim why he did not write what the Rambam says, that someone who speaks lashon hara does not have a place in the World to Come. The Chofetz Chaim replied that he could not give people such a blow. Rav Shneider understood that if the Chofetz Chaim would write that speaking lashon hara causes one to lose his portion in the next world, people would give up hope and refrain from putting effort into learning Torah and performing mitzvos. 

This rule is especially applicable to the internet. If someone posts lashon hara about someone else, this could be seen by countless individuals, and the extent of the damage is enormous. Especially when the lashon hara is about rabbanim, one could lose his entire olam habah because of his transgression.

Asking Forgiveness 

The Chafetz Chaim writes, in the sefer that became his namesake, that if a person speaks lashon hara about his friend, he must go and tell him about it in order to get  mechila from him (4: 12). This is a very difficult halacha to follow. Hearing that someone spoke lashon hara about you is extremely distressing. 

Rav Yisrael Salanter would not write an approbation for the sefer Chafetz Chaim because of this psak. Rav Yisrael ruled that instead, a person should ask a general forgiveness from the person he spoke about, and this is sufficient. Rav Sternbuch once received a letter from Rav Dessler praising this ruling of Rav Yisrael Salanter's. 

Although there is a dispute whether one must ask forgiveness for specific lashon hara that was spoken, everyone agrees that one must ask for some form of mechila from the subject of the negative speech. The Gemara in Yuma 87a  relates the story of a butcher who slandered Rav and didn't come to ask him forgiveness. Erev Yom Kippur, Rav went to speak to his butcher in order to give him the opportunity to ask mechila. 

The butcher did not take the opportunity and did not ask Rav forgiveness for his slander. After this incident, the butcher was cutting bones, and hurt himself, and this injury eventually caused his death. 

Seemingly, Rav could have just declared privately that he forgave the butcher, and did not have to travel and speak to him. From here we see that one must get a personal forgiveness from the subject of the lashon hara. Since it is nearly impossible to keep track of everyone that we speak about, we should make great efforts to avoid speaking lashon hara. 

While a person once had to leave his house if he wanted to speak lashon hara en masse, today with the internet and email.vthings have changed drastically. In a few minutes, a person could spread the worst lashon hara to the four comers of the globe. A person should take great care to think about what he writes, and if possible, have a rav look it over before distributing it to a large number of people. 

(Rabbi Travis is Rosh Kollel of Kollel Toras Chaim in Yerushalayim and is the author of Shaylos U'Teshuvos Toras Chaim and "Praying With Joy - A Daily Tefilla Companion" a practical daily guide to improving one's prayers, available from F eldheim Publishers. Rav Sternbuch's weekly shiurim on the parasha are now available as a sefer entitled "A Voice in the Darkness". For more information about his work contact dytravis@actcom.com.)

Questions regarding child abuse

Hi Rav Eidensohn,

I have been following your blog for some time and specifically the topics of molestation. Additionally, I have followed stories of molestation on other Jewish sites, as well as in mainstream media with the current stories about priests.

There are a few questions I have and it is a difficult ones but I want your experienced opinion based on the information you know.

It seems from what I have read that nobody really has a clue what to do with molesters and how to solve the molestation problem. Additionally, there is no real proof that a molester can be cured. From what I have read, it seems that the only way to keep children safe is to lock these people up for life, or castrate them.

These people have a sick desire. Just like normal heterosexuals desire the opposite sex, these people desire children. Can one become homosexual with therapy if they are heterosexual? Can a homosexual become a heterosexual with therapy? Extremely unlikely, if not flat out no correct?

However it is an urge that normal people can control. Normal people don't go raping the opposite sex.

However these predators, desire children and put their desire before the welfare of the child.

Do you think a molester can be healed with therapy to the point that you can say he is no longer a threat to kids?

How many years of therapy?

Should they be in seclusion during therapy? (Prison or a mental home...)

How can we be confident that these people are healed to truly ever allow them near a child?

These are difficult questions, however it troubles me that most molesters get a few years prison and once they are out they get right back to business. Prison doesn't change. Them or deter them. It just makes them more careful and sneaky.

Personally, I think they need to be kept from chiildren permanently which means a life sentence, or castrated. This may sound extreme but is it really? How can we justify 10 years in prison when all reseaech points to the molester being likely to repeat his offenses once he is out?

I just don't see how the system is properly dealing with this problem. These guys get a slap on the wrist for destroying multiple childrens lives.

What about monetary punishment? If large cash rewards were awarded to victims (I mean over $1,000,000) would that do anything as a deterrent?

Please let me know what you think about all of this.

Best regards,
Josh

Dr. Marc Shapiro - Grossman execution & Tropper

Dr. Marc Shapiro has a fascinating post - which includes a discussion of the Grossman execution and Tropper at the end

SeforimBlog

[...] During the discussions about the Grossman execution, I looked at some of the haredi websites (until the comments made me sick). What I found interesting was the incredible level of ignorance of most of the writers, all of whom had been in yeshiva and many of whom had studied there for years. They were able to declare that a murderer can’t be executed unless he was observed by two kosher witnesses and was given warning, which they thought settled matters. Had these people known a bit of responsa literature, there would have understood how things worked in the real world, and especially what was done in the days of the rishonim. Do these people think that if a guy stood up in shul and opened fire with a machine gun, killing 20 people, that a Jewish court couldn’t execute him because he was never given a warning? Let’s continue with R. Liebes:[...]