Wednesday, September 18, 2013

How Iran Uses Terror Threats To Successfully Deter U.S. Military Action

Tablet Magazine   President Barack Obama thinks that the deal with Russia over Syria’s chemical weapons was possible only because of his credible threat of force. The way he sees it, Iran’s gotten the message, too. As the president told George Stephanopoulos over the weekend, “My suspicion is that the Iranians recognize they shouldn’t draw a lesson that we haven’t struck [Syria], to think we won’t strike Iran.”

However, the essential feature of a credible threat of force is to have previously employed actual force against the adversary you’re threatening. Shortly before Obama announced he would seek congressional authorization for the use of military force against Syria, the White House briefed House and Senate staffers on the possible ramifications of U.S. action. Perhaps unintentionally, the briefings seemed only to have dampened congressional appetite for attacking Iran’s man in Damascus. “They showed them Iran retaliation scenarios,” a senior official at a Washington, D.C.-based pro-Israel organization told me. “They highlighted the fact that Hezbollah has a global reach. The staffers left those briefings with the blood drained from their faces.”

Iran and its allies have proven their willingness to use force against America—as witnessed by the April 1983 bombing of the American Embassy in Beirut; the October 1983 bombing of the Marine barracks in Beirut; the 1998 bombing of Khobar Towers, which housed U.S. servicemen in Saudi Arabia; and Iran’s war against American troops in Iraq, which lasted until Obama’s 2011 withdrawal.[...]


It is easy to frame some of Iran’s recent terror plots as evidence that they are the gang who couldn’t shoot straight. For every operation that, say, kills five Israeli tourists in a Bulgarian resort town, there are a dozen botched plots, like the operation in Thailand where an Iranian agent blew off his own legs with a hand grenade.

But from another perspective, it doesn’t matter that the vast majority of Iranian projects come up empty, like the plan to assassinate the Saudi ambassador to the United States, which might also have killed hundreds of Americans in the nation’s capital if it had succeeded. Taken together, what these operations show is an obvious, and alarming, inclination to employ violence against America—even in the absence of any direct American military action against Iran. Carried out by second-string operatives, yet backed by arms of the Iranian government and the global terror infrastructure it has put in place, these attempts are generally interpreted by policymakers as warning shots—a reminder of what will happen if America really gets the Iranians mad.[...]

The Jacksonville Florida Tragedy and Halacha by Rabbi Yair Hoffman

Five Towns Jewish Times   The recent incident this past Yom Kippur involving a woman in Jacksonville, Florida who was killed while crossing an intersection with dangerously fast cars was very tragic indeed.  It not only left the sixteen year old daughter who was with her with life-threatening injuries, it left her orphaned r”l. This young lady had lost her father many years earlier.

The tragedy, however, brings up a halachic question.  In an area where the traffic light poses a danger in crossing because it is timed for too short a time to cross safely, would it be permitted to ask a gentile to press the button? [...]

When this author presented the case to permit asking a gentile to press the crosswalk button to some leading Poskim, the Poskim agreed to the underlying rationale.  They also agreed that the leniency can be promulgated in their name.  The Poskim were Rav Moshe Heinemann Shlita from Baltimore and Rav Shmuel Fuerst Shlita from Chicago. [...]

Tuesday, September 17, 2013

California and it's unions protect pedophile teachers

National Review    [California decided] to exempt government agencies, including public schools, from a new measure intended to enable civil measures against organizations that harbor pedophiles.

In 2014, California will open a litigation “window” allowing victims of sex abuse to file lawsuits against the employers of those who abused them, on the theory that those employers are in some instances partly culpable for the abuse, which is indeed the case. The “window” is needed because, in many sex-abuse cases, the statute of limitations for civil actions runs out before victims come forward. Perversely, the law exposes only the employers; the abusers themselves remain immune to litigation. [...]

And it does not stop with litigation windows. In 2012, the Assembly considered a bill making it easier to fire teachers who sexually abuse students. Consider for a second that word “easier” — should anything be easier than simply firing somebody who molests children? The bill was written in response to the case of a Los Angeles elementary-school teacher who was fired after being accused of sexually abusing his students, and who challenged his firing. Rather than act in accord with the horrifying details of the case, the school district paid the teacher $40,000 to drop his appeal. That’s small change compared with the $30 million settlement the district is paying to the teacher’s alleged victims as a result of the case, or, for that matter, compared with the $23 million bail requirement that is keeping teacher Mark Berndt behind bars as he awaits trial on 23 felony counts of gruesome sexual abuse.

Against that background, making it easier to fire teachers facing credible accusations of sexual abuse seems like a pretty straightforward proposition. But the California Teachers Association and other unions presented a united front against a bill passed by the state senate, and it died in the Assembly. [...] But if it comes down to the interests of a unionized government employee vs. those of a nonunionized sex-crime victim, look for the union label.

Whistle blower reveals head of Met Council has been skimming money

NY Times  A few months ago, an anonymous letter was sent to the board of directors of one of the city’s most venerable nonprofit institutions, the Metropolitan New York Council on Jewish Poverty. 

The writer, who claimed to be a former employee of the charity’s insurance broker, said money was being skimmed from payments that the charity made for health insurance. The allegation was strikingly similar to one made in a letter sent two years earlier. Nothing amiss was found then, but this time a new chief financial officer made a startling discovery. 

The charity’s chief executive, William E. Rapfogel, had been conspiring with someone at the insurance brokerage, Century Coverage Corporation, to pad the charity’s insurance payments by several hundred thousand dollars a year, according to a person briefed on the investigation.[...]

The account of the letter is the first time it has been clear that the scandal came to light from an anonymous whistle-blower, not through any audit or government oversight. It is the latest example of the remarkable lack of oversight, both of nonprofit groups that receive grants of taxpayer money and the politicians who award those grants without competitive bidding. That process has been at the center of successful criminal prosecutions of several city politicians in recent years.  [...]

At last! A kosher smartphone with rabbinic approval

 

Monday, September 16, 2013

When teachers openly support a child molesting colleague

Fox News   Enrollment appears to be nosediving in a Michigan school district where several teachers publicly supported a former colleague who admitted having sex with a middle school student.

The student body count in the West Branch-Rose City district, in northeast Michigan is down unofficially some 87 students following a tumultuous summer in which angry parents blasted seven teachers for writing letters in support of former teacher Neal Erickson. The letters urged a judge to be lenient in sentencing Erickson, who admitted to sexual misconduct with an underage, male student from 2006 to 2009. When the school board declined to take action against the teachers, many parents vowed to pull their kids out of the public schools, which have a total enrollment of just over 2,000. [...]

Erickson, 38, was originally investigated last October once allegations that he sexually molested the then 14-year-old boy surfaced and was eventually arrested in December 2012. Erickson pleaded guilty May 8, and asked for a lenient sentence, citing "stress" and financial hardship for his family.[...]

But on July 10, the judge brushed the letters aside and handed down a sentence of 15 to 30 years in prison. And he had strong words for Erickson's colleagues.

“I’m appalled and ashamed that the community could rally around, in this case, you,” Circuit Court Judge Michael Baumgartner said towards Erickson during his sentencing. “What you did was a jab in the eye with a sharp stick to every parent who trusts a teacher.”

Reporting on mayoral primaries distorts Jewish tradition

NY Times   While the Democratic field remained unsettled, Mr. Lhota was moving on Thursday to reach out to potential supporters. In the morning, he visited the Queens burial site of Rabbi Menachem Mendel Schneerson, who was the revered leader of Lubavitch Hasidim. 

Flanked by rabbis, one of whom addressed him as “Mr. Mayor,” Mr. Lhota asked for, and received, a gift of honey cake, following a Jewish tradition associated with the Lubavitcher rebbe, as Rabbi Schneerson was known. 

Mr. Lhota, wearing a black skullcap, brought a note to the rebbe’s grave site, tore it and cast it onto a pile of other torn notes, in accordance with another Jewish custom. 

Asked whether his note was about the election, he said only, “It’s all about the future of New York City.” 

Simon Sinek : "It is not what you do but why you do it"

A critical contribution to social understanding. He presents the thesis that behavior is best driven by focus on why we doing things rather than what we do. Related to child abuse - it is not enough to create laws to punish abuse and provide rules to avoid situations where abuse can occur. It is not enough to get people to report abuse. It is important that everyone understand that abusing others causes pain - and we need to value not hurting others.



Sunday, September 15, 2013

Is Emotional Intelligence critical for academic success as well as success in life?

NY Times [...] Wade’s approach — used schoolwide at Garfield Elementary, in Oakland, Calif. — is part of a strategy known as social-emotional learning, which is based on the idea that emotional skills are crucial to academic performance. 

“Something we now know, from doing dozens of studies, is that emotions can either enhance or hinder your ability to learn,” Marc Brackett, a senior research scientist in psychology at Yale University, told a crowd of educators at a conference last June. “They affect our attention and our memory. If you’re very anxious about something, or agitated, how well can you focus on what’s being taught?” 

Once a small corner of education theory, S.E.L. has gained traction in recent years, driven in part by concerns over school violence, bullying and teen suicide. But while prevention programs tend to focus on a single problem, the goal of social-emotional learning is grander: to instill a deep psychological intelligence that will help children regulate their emotions. 

For children, Brackett notes, school is an emotional caldron: a constant stream of academic and social challenges that can generate feelings ranging from loneliness to euphoria. Educators and parents have long assumed that a child’s ability to cope with such stresses is either innate — a matter of temperament — or else acquired “along the way,” in the rough and tumble of ordinary interaction. But in practice, Brackett says, many children never develop those crucial skills. “It’s like saying that a child doesn’t need to study English because she talks with her parents at home,” Brackett told me last spring. “Emotional skills are the same. A teacher might say, ‘Calm down!’ — but how exactly do you calm down when you’re feeling anxious? Where do you learn the skills to manage those feelings?” 

A growing number of educators and psychologists now believe that the answer to that question is in school. George Lucas’s Edutopia foundation has lobbied for the teaching of social and emotional skills for the past decade; the State of Illinois passed a bill in 2003 making “social and emotional learning” a part of school curriculums. Thousands of schools now use one of the several dozen programs, including Brackett’s own, that have been approved as “evidence-based” by the Collaborative for Academic, Social and Emotional Learning, a Chicago-based nonprofit. All told, there are now tens of thousands of emotional-literacy programs running in cities nationwide. 

The theory that kids need to learn to manage their emotions in order to reach their potential grew out of the research of a pair of psychology professors — John Mayer, at the University of New Hampshire, and Peter Salovey, at Yale. In the 1980s, Mayer and Salovey became curious about the ways in which emotions communicate information, and why some people seem more able to take advantage of those messages than others. While outlining the set of skills that defined this “emotional intelligence,” Salovey realized that it might be even more influential than he had originally suspected, affecting everything from problem solving to job satisfaction: “It was like, this is predictive!” 

In the years since, a number of studies have supported this view. So-called noncognitive skills — attributes like self-restraint, persistence and self-awareness — might actually be better predictors of a person’s life trajectory than standard academic measures. A 2011 study using data collected on 17,000 British infants followed over 50 years found that a child’s level of mental well-being correlated strongly with future success. Similar studies have found that kids who develop these skills are not only more likely to do well at work but also to have longer marriages and to suffer less from depression and anxiety. Some evidence even shows that they will be physically healthier.

Saturday, September 14, 2013

Yom Kippur, Tel Aviv style

Times of Israel   Yom Kippur – the Day of Atonement – begins this Friday evening. Many people know Jews don’t eat or drink for 25 hours (sundown to sundown) but few know what actually happens on Yom Kippur in modern, non-religious, Israel.

When I arrived, just over four years ago, Yom Kippur in Tel Aviv took me by complete surprise.

Practically all cars and motor transport will stop. Just not go anywhere. Almost no planes, trains or automobiles will move until Saturday night. [...]

From sundown to sundown the streets are full of people strolling or cycling; on suburban streets or along 10 lane highways, the only thing you have to watch out for are kids on speeding bicycles. Non observant people figure out how, for just one day a year, not to drive except for dire emergencies.

I will allow my 4 year old child to pedal furiously down a 6 lane divided highway in whichever direction he prefers. [...]

So why is being Jewish so different when you’re in Israel? There has never, in my recollection, been a Jew outside of Israel who’s publicly got upset by anyone eating, even in front of him, on Yom Kippur. 

Jews have never, and will never, ask you to stop driving for a day in your country. It just won’t happen. Even in our own country this isn’t a law, it’s just something the vast majority of Jews want to do because, over here, in Jewish Israel, it feels right.

That is the difference between living as a Jew outside Israel and as a Jew in Israel: here we can just BE Jewish and the calendar and the customs and the norms of behavior push us into being culturally Jewish even if we don’t want to study Torah for nine hours a day.[...]

Visiting the Lubavitcher Rebbe's grave

NY Times    [...] In the nearly 20 years since the death of the rebbe, as Rabbi Schneerson was known, what began as a spontaneous pilgrimage has evolved into a spiritual touchstone of the religious movement he spawned, complete with its own rituals, controversies and supplicants from all corners of the globe. 

And, perhaps in a nod to the famously sleepless city where the rebbe lived, preached and died, his grave site is open night and day.[...]

The pilgrimage to Cambria Heights, a largely black, middle-class neighborhood, has faced some challenges. Large celebratory crowds have frustrated neighbors, and efforts at expansion — most recently, a proposal for a more permanent structure than the tentlike ohel — have been met with opposition by the local community board. The center has made efforts to streamline parking, and in June, delivered bottles of wine to neighbors on surrounding streets, Rabbi Refson said. The number of visitors commemorating the rebbe’s death now tops 30,000. 

Girl’s Suicide Points to Rise in Apps Used by Cyberbullies

NY Times    The clues were buried in her bedroom. Before leaving for school on Monday morning, Rebecca Ann Sedwick had hidden her schoolbooks under a pile of clothes and left her cellphone behind, a rare lapse for a 12-year-old girl. 

Inside her phone’s virtual world, she had changed her user name on Kik Messenger, a cellphone application, to “That Dead Girl” and delivered a message to two friends, saying goodbye forever. Then she climbed a platform at an abandoned cement plant near her home in the Central Florida city of Lakeland and leaped to the ground, the Polk County sheriff said.

In jumping, Rebecca became one of the youngest members of a growing list of children and teenagers apparently driven to suicide, at least in part, after being maligned, threatened and taunted online, mostly through a new collection of texting and photo-sharing cellphone applications. Her suicide raises new questions about the proliferation and popularity of these applications and Web sites among children and the ability of parents to keep up with their children’s online relationships. 

For more than a year, Rebecca, pretty and smart, was cyberbullied by a coterie of 15 middle-school children who urged her to kill herself, her mother said. The Polk County sheriff’s office is investigating the role of cyberbullying in the suicide and considering filing charges against the middle-school students who apparently barraged Rebecca with hostile text messages. Florida passed a law this year making it easier to bring felony charges in online bullying cases.[...] 

Atonement, Forgiveness, And Our Most Fundamental Error

Scientific American   Today is the Jewish holiday of Yom Kippur. Although it is often called the “holiest day of the Jewish year,” what is notable about Yom Kippur is not the fact that it is particularly holy, nor is it the fact that many Jews you know might be particularly hungry today. Yom Kippur is notable because it is really all about the unequivocal importance of one thing — atonement. We sit in our religious services all day, reflecting on the need to atone for our sins. However, it is stressed that we cannot just do this by showing up to services and praying. We must also directly ask for forgiveness from those that we have wronged in the past year; and, in turn, we must be willing to grant forgiveness to those whom we believe have wronged us.

This past week has been a particularly challenging one for me, a fact that is only made more salient by my recent reflection on Yom Kippur. This was a week filled with a lot of stress – a major disagreement with friends (an unpleasantry that doesn’t happen all too often, thankfully, though this relative infrequency makes it especially painful when it does occur), dissertation work, transitioning back into a new semester of teaching, losing a flash drive for a period of about 24 hours (always enough to give me a few panic attacks). I had to face the unavoidable fact that I’ve once again found myself over-scheduled and under-rested this semester, and brace myself for the uncomfortable reality of having to let go of a few commitments and inevitably let people down. And of course there were more things — smaller stresses here and there that are not worth mentioning, and larger ones that are less appropriate for a public blog. But in a way, it’s almost perfect that Yom Kippur has arrived for me after such a truly stressful, overwhelming week. If nothing else, this week has served as a critical reminder to me of one of the most consistent and foundational facts in all of social psychology. The environment that surrounds us — those stressors, obligations, demands, fights, and other situational pushes that we constantly experience — have a strong, disconcerting influence on our thoughts, feelings, and behaviors. If we’re going to reflect on atonement, it must serve us well to acknowledge just how important our surrounding environments can be when it comes to events that require repentance — and just how often we might fail to acknowledge the situation’s strong role in our lives. If someone were to judge me for anything that I said or did this week, I know that I would hope they would have accounted for the numerous stressors and other dramatic ongoings that could be influencing my words and actions. Unfortunately, given what I know of social psychology, I’m also well aware that they probably would not have done so — and to be fair, I likely wouldn’t be immediately prone to doing so either, if the tables were turned. [...]

I bring this up today, on Yom Kippur, because if we are going to focus on atonement, it is worth considering how our ability to forgive and forget might be at the whim of our cognitive biases. All too often, we are quick to form dispositional attributions for behaviors that might actually have situational causes — and all too often, those attributions are negative. Perhaps that driver did not cut you off because he is a jerk, but because another car was about to swerve into his lane, or because he had two children in the backseat who had just distracted his attention, or because his wife was in labor and he was rushing to get to the hospital. Maybe that girl had to stop on her way to class because of an emergency, or she just added the class the minute before she walked in, or she was actually accidentally showing up 30 minutes early for the next class. It becomes so much easier to engage in this atonement process and understand where others are coming from once we realize that all too often, we are actually doing ourselves a disservice if our ultimate goal truly is forgiveness. We can often over-perceive the presence of bad intentions arising from other people’s inner traits and personalities, when those bad intentions really might not be there…at all.

Op-Ed: Should Teachers Be Saying ‘Yechi’ with Students?

Crown Heights Info   At a recent Chaddishe auspicious day, celebrated with a children’s rally at 770 with several schools participating, there was a teacher from one of the schools that delivered a captivating story to the assembled children. It was a tale from the days of the Baal Shem Tov.

The teacher described this poor Jew thrown into prison by the poretz for lacking the funds to cover rent. He relayed to the spellbound children; “The yid was in such great despair and so sad, he felt that nobody can help him, so he screamed to Hashem from the depths of his heart, “Yechi Adoneinu… leolam Voed!”

Today, dropping my three year old child off at school, I entered the classroom with my kid, and the children were in the midst of davening. Yechi was a very central part as it was sung with great vigor. I was astounded. He isn’t enrolled in a fringe school, rather one of the mainstream ones that has been around for decades.[...]

Is it the role of a school that serve a diverse parent body, to be an indoctrination ground for children from the moment they begin to develop?

Friday, September 13, 2013

A Communal Confession by 5TJT Editorial Staff


 אשמנו  - We have been guilty.  We have cared more for our reputations than we have for the victims of molesters in our midst.

בגדנו  - We have betrayed the innocent and the weak among us.  We have ignored the pleas of those who have been victimized.

גזלנו  - We have stolen. We have stolen the childhood and the innocence of victims by not acting to remove people from positions of authority where they can continue abusing.

דברנו דופי  -We have spoken falsely.  We have said that those who make such accusations are liars – when we either knew that this was not the case, or where we were unsure. We have misused the notion of Chezkas Kashrus to ignore our obligation to protect our charges.

העוינו  - We have caused others to sin.  By allowing redifus to be swept under the table, we have allowed other molesters to further sin.

והרשענו  - We have caused others to do evil. By not acting upon what we had known we have caused others to pursue the victims and their supporters and to label them mosrim.

זדנו  - We have had evil hearts.  We have planned revenge against victims of molestation and their supporters by excluding them from the communal institutions that we control.  We have vilified them in our papers and publications.

חמסנו  - We have become violent.  We have yelled at victims and their supporters and have fought against them.

טפלנו שקר  - We have attached lies.  We have attached ourselves to sinners.  We have allowed molesters to continue operating and have actively supported them.

יעצנו רע  - We have advised evil.  We have told people who have molested others what to do to avoid being caught.

כזבנו  - We have lied. We have done so in crafty ways where we have taught ourselves to be deceptive people.

לצנו  - We have scoffed.  We have made fun of those who have pointed out the fundamentally wrong issues of not cleaning up our act.  We have labeled them mosrim, anti-Semites, and self-hating Jews who try to destroy our Torah Mosdos.

מרדנו  - We have rebelled against the noble principles of the Torah in allowing this shameful behavior to continue.

ניאצנו  - We have been scornful – causing Hashem to be angry at us.  We have not cared to ascertain the truth or to protet Hashem’s nation from a grave internal danger.

סרנו  - We have turned from the path of the Torah’s truthful ideals and have created a Chilul Hashem.

עוינו  - We have intentionally allowed Chilul Hashem to continue by making Klal Yisroel look like they defend child molesters and that we do not protect the victims.

פשענו  - We have sinned/ rebelled.  We have entirely ignored the psak din of Gedolim who have said that when there is clear Raglayim ladavar to molestation we must involve authorities

צררנו  - We have persecuted members of Klal Yisroel by only getting rid of the known molester from our school, but allowing him to move to other communities and continue.

קשינו עורף  - We have been stiff-necked and stubborn in this matter and still have not learned important lessons.

רשענו  - We have been lawless and wicked.  We have created an environment where those who stand up for victims are looked at as troublemakers.

שיחתנו  - We have corrupted our communities with the incorrect notion that it is forbidden to protect victims from their oppressors.

תעינו  - We have strayed.  We have strayed far from the ideals of Torah in supporting oppressors and even in saying, “We have other things to worry about first.”

תיעבנו  - We have done abominations.  Our support for those who victimize others is a complete abomination in the eyes of Hashem.

תיעתענו  - We have allowed ourselves to be led astray.  Because of this issue we have ceased our role in becoming a light unto the nations and are off-track.

וסרנו ממצותיך וממשפטיך הטובים ולא שוה לנו ואתה צדיק על כל הבא עלינו כי אמת עשית ואנחנו הרשענו – We have turned away from your Mitzvos and chosen something unworthy of us.         And You Hashem are Righteous in all that is brought upon us for You have done Truth and we have wrought evil.

Thursday, September 12, 2013

Couple who had child after 25 years - not because of segulos

Hidabroot      This video interview presents a clear contrast to the hashkofa presented in a previous post - A tzadik is born because of a clothes line

בכיוון אחר: גבריאל ועדה מוטי
קשה להישאר אדיש מול סיפורם האישי של עדה וגבי מוטי. אחרי 25 שנים של ציפייה, המתנה, תפילות ומה לא – הגיחה לעולם בתם רחל. מה עבר עליהם עד אז?
בתכנית "בכיוון אחר" מקיים העיתונאי דודו כהן שיחות עומק עם אנשים שביצעו תפנית רוחנית בחייהם. הפעם נתוודע, כאמור, לסיפורם של גבריאל ועדה מוטי.

Timely question: Did Moshe Rabeinu have a "Deri Luluv"

Guest Post from Pinchas Shalom


I went to get ד' מינים (Luluv & Esrog) tonight. After putting a few Esrogim aside i turned to the Luluvim. The second one i picked up was a beauty. It was a tall, fresh, deep green, and fully closed "Deri". 

I said, half to myself, "Moshe Rabeinu didn't have such a Luluv!!". (I thought it not debatable).

The fellow next to me, apparently overhead. He announced a bit louder "of course Moshe Rabeini had a Lee'lev just as nice!!".

A third patron now chimed in, "you think Moshe Rabeinu had Deri  Luluvim?"

The debate ensued, with the fellow next to me making the closing statement. "Its kfirah to say Moshe Rabeinu didn't have a Deri!!".

Senior Australian rabbi apologizes for rabbinical mishandling of abuse

The Age - Australia   Australia's most senior Orthodox rabbi has apologised for years of mishandling and cover-up of child sexual abuse within the Jewish community and urged abusers to hand themselves in to police.

"For whatever reason a culture of cover-up, often couched in religious terms pervaded our thinking and actions. It may even have been well-intentioned, but it was simply wrong," said Moshe Gutnick, the president of the Organisation of Rabbis of Australia, on Wednesday.

Ahead of the holiest day in the Jewish calendar, the Day of Atonement, Rabbi Gutnick told victims no one could know their pain and what they had been through.

"And the pain has only been magnified by our inaction. On this holiest of days, I sincerely beg your forgiveness on behalf of all of us who did not hear your voice.

"I can only assure you on my behalf, and on behalf of the vast majority of the Rabbinate, that we hear you now loud and clear." [...] 

Wednesday, September 11, 2013

D.A. Hynes defeated as voters choose the less problematic candidate

NY Times  Kenneth P. Thompson, a former federal prosecutor, performed the rare feat of defeating a sitting district attorney by beating Brooklyn’s six-term incumbent, Charles J. Hynes, on Tuesday in the Democratic primary.

The primary followed a fierce race that often seemed more a referendum on Mr. Hynes’s lengthy record than a choice between two candidates. Though Mr. Hynes had faced serious and sometimes divided opposition before, this year’s race pitted the 78-year-old district attorney against a single well-financed candidate who rallied anti-Hynes sentiment in the borough. Mr. Thompson, 47, used a torrent of negative publicity about prosecutorial behavior in Mr. Hynes’s office to paint the incumbent as unethical and out of touch. [...]

More recently, Mr. Hynes was forced to backtrack or re-evaluate several murder convictions from the early part of his tenure, and was dogged by his handling of cases in Brooklyn’s ultra-Orthodox Jewish communities, most of whose leaders endorsed him. 

Mr. Hynes was seen as slow to prosecute child sexual abuse allegations against ultra-Orthodox Jews because of rabbinical resistance, but stepped up abuse prosecutions in the last year, and won a significant case involving a therapist who sexually abused a young patient. 

This put Mr. Hynes, politically, in somewhat of a precarious position, as some ultra-Orthodox Jews resented the prosecutions. But one Hasidic voter, who would only give his first name, Martin, said he had chosen Mr. Hynes at the strong urging of the community’s religious leaders. “The leaders told us he’d be better for us,” he said.[...]

Tuesday, September 10, 2013

2 members of a sadistic polygamous Breslaver cult - convicted of severely abusing children and women

Times of Israel  [see also YNET] The Jerusalem District Court convicted the leader of a “sadistic cult” uncovered in 2011 and his accomplice Tuesday on most of the charges levied against them.

The two were convicted of various sexual offenses, holding individuals in conditions of slavery, and abusing women and dozens of children. The names of the defendants were withheld from the public out of privacy concerns.  [...]

Initially, nine members of a well-known polygamous Breslav Hasidic family were arrested, including three men and six women, but only the three men were indicted. The children were placed with foster families.[...]

The leader of the cult was indicted on 15 counts, including slavery, physical, sexual and emotional abuse of minors — including some of his own biological children — unlawful imprisonment, indecent sexual acts, sodomy, rape, serious violent crimes and indecent assault, according to the indictment.

The accomplice, also charged with committing numerous violent sex crimes under the leader’s orders, was the one who most often committed the abuses and was known by the nicknames of “Satan” and “Evil Inclination” by the victims. The third man was only accused in one incident of physical and sexual abuse and was not convicted on Tuesday. [...]

Rav Kafach: Israeli monetary law determines halacha

The following excerpt is taken from Justice Elon's Mishpat Ivri (volume IV pages 1761-1762). It asserts an interesting rationale why secular Israeli law regarding money can be binding according to the halacha. This is important especially on the issue of divorce settlements where halacha and secular law greatly diverge.
=========================
A particularly instructive approach to the relationship between Israeli statutory law and Jewish law is taken by Rabbi Yosef Kafah. a member of the Rabbinical Court of Appeals and a major halakhic authority in the State of Israel. Rabbi Kafah's position is expressed in the leading case of discussed further below. In commenting on statements made by the district court as to the nature of statutory provisions expressly made applicable to the rabbinical courts as well as the general courts, he said:
It would seem that these statements concerning "laws explicitly directed to them [the rabbinical courts]" are based on a perception that the Legislature has acted to require the rabbinical courts to reach decisions that are contrary to their religious beliefs. Indeed, many people share this perception, but their logic begs the question. They assume the premise that these laws require the rabbinical courts to reach decisions that are contrary to the laws of the Torah, and on the basis of that premise they conclude that the law "violates pure halakhic considerations." But this conclusion is not inevitable; rather, the law should be viewed according to its plain meaning.
Section 1 of the Woman's Equal Rights Law provides: "The same law shall apply to women and men with regard to every legal transaction." Section 5 provides: "This law shall not affect the religious law in matters of marriage and divorce.26

The plain meaning of these provisions is that the Legislature established a binding rule only with respect to monetary matters, in regard to which it perceived the existing law as discriminating against women .... The legisla­ tive mandate is manifestly based on the assumption that legislation as to monetary matters would not affect religious law, since the legislation is con­ sidered "a stipulation as to a monetary matter"; therefore, it is not a [prohibited] stipulation to contract out of a Biblical norm. Consequently, it may be assumed that the Legislature had no intention to interfere with anything that is not "a stipulation as to a monetary matter." This is an instance of an ap­ proach that can lead to a proper understanding of a number of statutes that have not been so understood.27

In other words, just as under Jewish law there is freedom of contract, i. e., the parties to a legal transaction may agree on terms contrary to a particular halakhic rule, provided the agreement concerns a "monetary matter" (mamon) and not religious law (issur) ,28 so a statute of the Knesset, enacted in the name of the people by their elected representatives, is in the nature of an agreement by the people to conduct their affairs in accordance with the legislative provisions. As long as the matter does not concern religious law, such an agreement is fully effective even if it is contrary to a particular halakhic rule." This interpretive approach by Rabbi Kafah. which is particularly significant in that it is taken by a leading rabbinical court judge and important halakhic authority, is applicable not only to the particular question dealt with in the Nagar case but also, as explained more fully below ,to the broader question of the relationship between the rabbinical courts and the general legal system of the State of Israel.30

Most Israeli female medical personel are sexually harrassed

Times of Israel    Most of Israel’s female medical personnel have been sexually harassed at one point or other during their career, a study showed.

The research, to be formally released at a conference Tuesday, found that 69 percent of female doctors have been victims of such behavior, as were 62% of female nurses, according to a report in the Maariv newspaper. The bulk of the unwanted attention came from patients, the survey said.[...]

Participants were also asked how frequently they felt harassed. While they were given the option to report harassment on a daily basis, Kagan noted that most of them reported such incidents happened either once a month or once a year. Age was a factor, as the younger nurses and doctors reported harassment at a more frequent pace. [...]

Kolko case: Lakewood avreichim protest the disgusting treatment of victim's family

Just received this Lakewood pamphlet. I do not know who wrote it but it is now circulating Lakewood. It is good to see that there are those in Lakewood who get outraged by blatant injustice and chilul HaShem.    It provides a halachic defense of the victim's father actions and shows that he was not a moser. It severely criticizes those who drove him out of Lakewood.










 קונטרס והצדיקו את הצדיק Kolko case Defense of victim's family
  

Monday, September 9, 2013

Woman who testified against Weberman driven out of shul Rosh HaShanna


NY Post    The brave Orthodox Jewish teen whose testimony helped convict the prominent Brooklyn counselor who had sexually abused her was driven out of her own synagogue on Rosh Hashana last week.

The married, 18-year-old victim was in the Williamsburg synagogue where her family has prayed for the past decade when a man yelled, “Moser, out of the shul!” the woman’s husband told The Post on Sunday.

The word “moser” refers to a Jew who informs on another Jew to secular authorities.
“They stopped the praying until she left,” said her husband, Boorey Deutsch, 26. “Some woman tried telling my wife to stay there and not leave. She shouldn’t care what they say. But my wife ended up leaving.” 
“She felt horrible and mistreated. They treat survivors as if they are the abusers,” Deutsch fumed to The Post.

Deutsch and his wife have suffered harassment ever since she first accused Nechemya Weberman, 54, of sexually abusing her after she was sent to him for counseling as a 12-year-old. [...]

YU Abuse Report: Prof Marci Hamilton gives it failing grade

Verdict Justia    After many months, and many media stories about child sex abuse at the Yeshiva University High School (“YUHS”) in The Jewish Daily Forward, Yeshiva University released the “independent investigation” of child abuse that was led by Karen Patton Seymour, Co-Managing Partner of the litigation department of the prestigious law firm Sullivan & Cromwell.  The report was issued on August 26, in the doldrums of the summer, the week before Labor Day.

Before launching into my analysis of this disappointing report, I should clarify my own role in the report, given that this is one of my key areas of expertise and given that I am a law professor at Yeshiva’s law school.  Here is the summary of my involvement: I met once with YU Administrators, at my request, to urge them to do the right thing.  And I spoke with Ms. Seymour twice to urge her team to do the right thing.  My advice was not sought otherwise, and I saw the report first in the press.  In my view, they did not do the right thing.

The YU Report Is Not a “Report”

The YU Report is, in fact, a policy statement.  First, it spends seven pages describing what the Sullivan & Cromwell attorneys did.  Fair enough.

Second, it provides a four-paragraph (that is not a misprint) summary of “Findings.”  Readers are told that “multiple incidents of varying types of sexual and physical abuse took place at YUHSB [and at other schools comprising the University] during the relevant time period. . . including, in some instances, after members of the administration had been made aware of such conduct.”  This is little more than a continuation of the cover-up that apparently already occurred.

Third and finally, the rest of the document describes YU policies and how they should be improved.  Appended to the document is another report and analysis of its policies produced by T&M Protection Resources.

YU reportedly spent millions paying Sullivan and T&M to produce a “Report” that anyone with knowledge of child-protection policies could have written after receiving YU’s policies and reading the Forward stories.  I do not intend to denigrate Sullivan’s work or the work of T&M.  Future policies and analysis of past policies are valuable fodder for such endeavors, but I would not have permitted my name to be on such a deficient and embarrassing document.  A document that was truly a “Report” would have included an actual report of the facts that prompted the need to review those policies. [...]

Finally, and most troubling to me, is that this document is an affront to survivors everywhere.  I have never read a document of this genre with less verbiage speaking directly to the survivors.  It is, in a word, cold.  YU needs to figure out how to become more child-centered in its approach to abuse, or it will be fighting these battles for decades to come.
After many months, and many media stories about child sex abuse at the Yeshiva University High School (“YUHS”) in The Jewish Daily Forward, Yeshiva University released the “independent investigation” of child abuse that was led by Karen Patton Seymour, Co-Managing Partner of the litigation department of the prestigious law firm Sullivan & Cromwell.  The report was issued on August 26, in the doldrums of the summer, the week before Labor Day. - See more at: http://verdict.justia.com/2013/09/05/sullivan-cromwell-and-yeshiva-university-issue-a-disappointing-report-on-child-sex-abuse-that-is-short-on-facts-and-long-on-public-relations#sthash.aMv0STHi.dpuf
After many months, and many media stories about child sex abuse at the Yeshiva University High School (“YUHS”) in The Jewish Daily Forward, Yeshiva University released the “independent investigation” of child abuse that was led by Karen Patton Seymour, Co-Managing Partner of the litigation department of the prestigious law firm Sullivan & Cromwell.  The report was issued on August 26, in the doldrums of the summer, the week before Labor Day. - See more at: http://verdict.justia.com/2013/09/05/sullivan-cromwell-and-yeshiva-university-issue-a-disappointing-report-on-child-sex-abuse-that-is-short-on-facts-and-long-on-public-relations#sthash.aMv0STHi.dpuf
After many months, and many media stories about child sex abuse at the Yeshiva University High School (“YUHS”) in The Jewish Daily Forward, Yeshiva University released the “independent investigation” of child abuse that was led by Karen Patton Seymour, Co-Managing Partner of the litigation department of the prestigious law firm Sullivan & Cromwell.  The report was issued on August 26, in the doldrums of the summer, the week before Labor Day. - See more at: http://verdict.justia.com/2013/09/05/sullivan-cromwell-and-yeshiva-university-issue-a-disappointing-report-on-child-sex-abuse-that-is-short-on-facts-and-long-on-public-relations#sthash.aMv0STHi.dpuf
After many months, and many media stories about child sex abuse at the Yeshiva University High School (“YUHS”) in The Jewish Daily Forward, Yeshiva University released the “independent investigation” of child abuse that was led by Karen Patton Seymour, Co-Managing Partner of the litigation department of the prestigious law firm Sullivan & Cromwell.  The report was issued on August 26, in the doldrums of the summer, the week before Labor Day. - See more at: http://verdict.justia.com/2013/09/05/sullivan-cromwell-and-yeshiva-university-issue-a-disappointing-report-on-child-sex-abuse-that-is-short-on-facts-and-long-on-public-relations#sthash.aMv0STHi.dpuf
After many months, and many media stories about child sex abuse at the Yeshiva University High School (“YUHS”) in The Jewish Daily Forward, Yeshiva University released the “independent investigation” of child abuse that was led by Karen Patton Seymour, Co-Managing Partner of the litigation department of the prestigious law firm Sullivan & Cromwell.  The report was issued on August 26, in the doldrums of the summer, the week before Labor Day. - See more at: http://verdict.justia.com/2013/09/05/sullivan-cromwell-and-yeshiva-university-issue-a-disappointing-report-on-child-sex-abuse-that-is-short-on-facts-and-long-on-public-relations#sthash.aMv0STHi.dpuf
After many months, and many media stories about child sex abuse at the Yeshiva University High School (“YUHS”) in The Jewish Daily Forward, Yeshiva University released the “independent investigation” of child abuse that was led by Karen Patton Seymour, Co-Managing Partner of the litigation department of the prestigious law firm Sullivan & Cromwell.  The report was issued on August 26, in the doldrums of the summer, the week before Labor Day. - See more at: http://verdict.justia.com/2013/09/05/sullivan-cromwell-and-yeshiva-university-issue-a-disappointing-report-on-child-sex-abuse-that-is-short-on-facts-and-long-on-public-relations#sthash.aMv0STHi.dpuf

Sunday, September 8, 2013

Breaking News: Kolko wants to withdraw guilty plea

Asbury Park Press    The lawyer representing a former yeshiva camp counselor in a Lakewood sexual abuse case wants to have his client’s guilty plea nullified, claiming the defendant was pressured by the community into admitting guilt in the case.

Alan L. Zegas, a Chatham attorney representing Yosef Kolko, filed a motion to withdraw his client’s guilty plea.

Kolko, 39, of Geffen Drive in Lakewood, had been scheduled to be sentenced in the child sex-abuse case on Wednesday, but Zegas’ motion prompted its postponement.[...]

Superior Court Judge Francis R. Hodgson gave Zegas until Sept. 30 to file a brief outlining the reasons why he should consider allowing the guilty plea to be withdrawn.

Hodgson scheduled a hearing on the motion for Oct. 17. If Zegas doesn’t convince the judge to allow his client to withdraw his guilty plea, Hodgson will proceed to sentence Kolko that day, according to court officials. [...]

Saturday, September 7, 2013

Rambam - sexual sins are a serious problem in all ages & all societies


In a recent discussion with Rav Nosson Kaminetsky, he showed me a very important observation of the Rambam that is relevant to many of our discussions. 
Rambam(Issurei Biah 22:19), ... You will never find a society in any era that did not have a serious problem with sexual sins and transgressions
 Not only are there problems in decadent societies  but also in the frumest society with the strictest community decrees - sexual issues such as adultery, homosexuality, child abuse are a significant problem. As a number of commentaries have pointed out, to the degree that one tries to restrict individuals in a society - to that degree the yetzer harah increases. On the other hand  if you loosen restrictions and have a weaker yetzer harah and habituation to temptation - but the ready access compensates and you still have problems. We still retain our free-will and opportunity for sin.
===========================
Update Sept 7 2013

Levush (O. C. Minhagim #36): It says in Sefer Chassidim (#393), “Where men and women can see each other such as at a wedding meal - one should not say the beracha of shehasimcha bemo’ono. That is beause that there is no joy before G‑d when there sexual thoughts.” However we are not careful to observe this ruling possibly because in contemporary society it is normal for women to be frequently found together with men. As a consequence of this reality, sinful thoughts when seeing women are not so prevalent [as when the sexes were kept separate] because they are viewed neutrally as one would view geese due to the constant habituation. Therefore since it has become normal to violate this concern – it is ignored


Sukka(52a): Abaye explained that the yetzer harah is stronger against sages than anyone else. For example when Abaye heard a certain man say to a woman, “Let us arise and go on our way.” Abaye said that he would follow them in order to keep them from sin and so he followed after them for three pasarangs across a meadow. However they simply parted from each other and he heard them say, “The way is long and the company is pleasant.” Abaye said, “If I were in that situation I could not have withstood temptation.” He went and leaned against a doorpost in deep anguish. An old man came to him and taught him: To the degree that a person is greater than others; to that degree his yetzer (evil inclination) is greater than theirs.

Avnei Milium(Introduction):… Our Sages say that whoever is greater his yetzer is greater. That is because there is no comparison of one who has bread in his basket to one who doesn’t. When the spirit is closed in, it makes a greater effort to break through the restrictions and escape. Therefore one who holds to the path of Torah without letting his lust to express itself – does not have bread in his basket because it is highly unlikely for him to do a really disgusting sin. Therefore his yetzer harah becomes stronger and the power of his lust which is being restrained is aroused to escape the restraints and act. It is different with a person who is not a tzadik since his yetzer harah has bread in its basket. Meaning the yetzer harah has the ability to influence through lust. Since the yetzer harah is not locked in, it doesn’t make efforts to go out. This is what Tosfos (Kiddushin 31a) concerning that the one who is commanded has a greater yetzer. That is the one who is not commanded to do the mitzva has bread in his basket because if he wants he can ignore the mitzva. However it is known that one who gets habituated to constant pleasure that it is no longer pleasing to have the same thing everyday. Therefore the power of lust and its strategies change everyday as is known that the way of drunkards is to search new ways to get pleasure…


Alshech (Vayikra 19:1-2): People have a yetzer harah. To the degree which they control it and sanctify themselves it increases in power. This is expressed by our Sages in (Sukka 52a): “Whoever is greater his yetzer is greater.” Therefore someone who is becoming spiritually great G‑d adds to his holiness  - at first “ruach”. Later as he becomes even greater and his yetzer harah becomes stronger, he is given soul to help him…

Place of Karaites in Modern Israel

NY Times  [...] That means that while most Israelis began celebrating Rosh Hashana at sundown on Wednesday, Karaite Jews are not set to start the Jewish New Year until Saturday — another example of the challenge this ancient sect has in holding on to its traditions in a state where Judaism is dominated by the Orthodox. 

For the Karaites, who split from rabbinical Judaism more than 1,000 years ago, being a couple of days out of sync is a mark of otherness. While most Israelis know little about them, other than to say that they pray “like Muslims,” the Karaites say that the Orthodox authorities — their centuries-old nemesis — have tried to wear them down in an effort to subsume them into the rabbinical mainstream. 

But a new generation of Karaite leaders has taken up the struggle to anchor their place in modern Israel.[...]

Generally, though, the community is estimated at 30,000 to 50,000, out of Israel’s population of eight million. There are also smaller communities in the United States, Turkey and Europe. Most came to Israel from Egypt in three waves starting in 1948, when the state was founded, and 1970. Many live in Ramla or the Mediterranean port city of Ashdod. Others are in smaller concentrations around the country.[...]

Tuesday, September 3, 2013

Divorce simply because you don't like your spouse - is very recent

Some of the comments dealing with marriage and divorce indicate that it is really primitive and disgusting that a person simply can't leave a marriage because they want to.Whether it is because they fell in love with someone else or because they find their present spouse boring or maybe even embarrassing. That there must be something seriously wrong with halacha because it doesn't acknowledge that the individual is the most important concern - and not the stablity of marriage, society or family. The following is from the Cambridge Brief History of Divorce which indicates these ideas reflect societies views only in the last 30 years. While it is specifically about England - it reflects changes that were happening in the Western World.
============================

[...] Way back in the days of yore, when the church was more powerful than the monarch, marriage was a church institution and so divorce was also the preserve of the church. Marriage was for life and divorce exceedingly rare, although the church would occasionally grant a divorce “a mensa et thoro” which enabled people to live apart if there had been significant cruelty, but not to remarry. (Henry VIII, of course, did whatever he wanted.) In the eighteenth and early nineteenth century, it was possible to get a divorce granted by Act of Parliament, but such an option was only open to the rich. The Matrimonial Causes Act 1857 was the first divorce law of general application.

The 1857 Act introduced divorce through the court. Men were able to “petition the court” for a divorce on the basis of their wife’s adultery, which would have to be proved, as would the absence of any collusion or condonation of that adultery. Women who wanted to divorce their husbands needed also to prove an aggravating factor of the adultery, such as rape or incest. The High Court in London was the only place to get your divorce, and proceedings were held in open court, enabling society to be scandalised by the personal details revealed during the process.

The huge social changes in England during and following the First World War, particularly for the role of women in society, led to divorce law reform as it did to reforms in other areas. The Matrimonial Causes Act 1923 put men and women on an equal footing for the first time, enabling either spouse to petition the court for a divorce on the basis of their spouse’s adultery. The requirement to prove the deed and the absence of collusion remained, as did the procedural requirements. In 1937 another Matrimonial Causes Act introduced three more options for unhappy spouses to take to court, and so it became possible to divorce on the grounds of cruelty, desertion and incurable insanity as well as adultery. These were termed “matrimonial offences”. As before, each allegation needed to be proved by the petitioner’s oral evidence. At this stage, parliament also introduced a bar to divorcing in the first three years of marriage.

The Second World War brought about another period of great social change, and a start to the modern era of life as we know it now. Marriages broke down under the strain of war, or its after-effects, in numbers never before experienced and at all levels of society. The church and the government became increasingly concerned that the divorce laws were no longer fit for purpose – unhappy couples would arrange for one spouse to book into a hotel at the seaside for a weekend to commit the adultery necessary for them to divorce. A Royal Commission in the 1950s could not decide the best way forward, and in the mid-1960’s the Archbishop of Canterbury took up the baton. His office prepared a report demanding reform of the law to ensure that people could obtain a divorce if they could show the breakdown of their marriage, and the government set the Law Commission to research the most appropriate way to modernise the divorce laws. This process gestated the Divorce Reform Act 1969, which although now consolidated in the Matrimonial Causes Act 1973 still contains the divorce law we are subject to today.

Like a great deal of social policy legislation, the Divorce Reform Act 1969 was a compromise. It enabled either party to seek a divorce on the basis of the irretrievable breakdown of the marriage, as the Archbishop wanted in the 1960s, but requires that the breakdown be proved by evidence of one of five “facts”: adultery, behaviour, desertion, or separation for 2 years and the other party’s consent to a divorce or separation for five years. You can see that although this Act removed the concept of a matrimonial offence, the old 1937 grounds of cruelty (now termed “unreasonable behaviour”) and desertion in essence remained. However, the big advance in 1969 was that there is no “fault” as such involved in petitions based on 2 or 5 years’ separation. Procedurally there were also changes: it was possible for the first time to get a divorce through the local county court rather than coming to the High Court in London. During the 1970s, courts developed the “special procedure” of divorce-on-paper that still represents the way things are done in the vast majority of divorces.

Kesuba's purpose is to prevent divorce not to provide financial security

In the previous post about pitzu'im (divorce settlement) it was asserted or implied by various commentators that the kesuba was instituted to provide financial security for the wife in case of divorce. In fact, the sources I have seen give it no such role. According to the Talmud (Kesubas 11a) the kesuba was instituted to make divorce difficult - for both the husband and wife. It is viewed as a device of social control over marriage. A rebellious wife loses her kesuba. A rebellious husband must add to the kesuba. There is mention in the Talmud of major rabbis who didn't divorce a difficult spouse simply because they couldn't afford to pay the kesuba. The focus of rabbinic concern was solely to create pressure that the couple remained married - not that the wife shouldn't be penniless if she was divorced. The fear was that a woman might fall in love with another man and want to leave the marriage. The loss of her kesuba was motivation not to focus on being in love but to have a stable marriage. If she declared that she found her husband disgusting and wanted out of the marriage - the divorce was only given if she accepted the loss of her kesuba and the husband agreed to the divorce. Permanence of marriage not personal happiness is clearly the main concern of the Rabbis. In fact I don't know of any rabbinic sources regarding the financial security of the divorced wife until recent times when the issue of pitzu'im (divorce settlement) was raised. Today there is concern - in the secular justice system - for a variety of payments to ensure that the wife is not penniless and that she get an equitable share of the couple's wealth as well as child support. This modern secular concern clashes with halacha. Any sources to the contrary would be greatly appreciated.
Justice Menchem Elon states the following in Principles of Jewish Law
The ketubbah was instituted for the purpose of protecting the woman, "so that he shall not regard it as easy to divorce her" (Ket. 11 a; Yev. 89a; Maim. Ishut 10:7), i.e., in order to render it difficult for the husband to divorce his wife by obliging him to pay her, in the event of a divorce, the sum mentioned in the ketubbah, which generally exceeded the sum due to her according to law. As this is the object of the ketubbah, some auth­orities are of the opinion that since the herem of Rabbenu Gershom, which prohibited the divorce of a wife against her will, the same object is achieved in any event; it is therefore argued - on the analogy of Ketubbot 54a concerning the ravished woman who is thereafter married by her ravisher and, according to pentateuchal law, cannot be divorced - that there is no longer any need for a ketubbah to be written. However it has remained the halakhah that a ketubbah is to be written (Rema EH 66:3, concl.).

Rabbis Broyde and Reiss have a good article on  JLaw
[...] the purpose of the ketubah was to mandate payments in cases of divorce high enough so that a man would not hastily divorce his wife. Payments of $25, $100, or even $1,000 hardly accomplish this talmudic mandate. Consistent with this notion, it is noteworthy that Rabbi Feinstein dismissed the European practice which was to evaluate the ketubah at 75 rubles because this sum would be laughably small nowadays.
What then is the purpose of the Ketubah in cases of divorce after the ban on polygamy and unilateral no-fault divorce? Rabbi Moshe Isserless (Ramo) provides a very important answer.
He states in the beginning of his discussion of the laws of ketubah:
See Shulchan Aruch Even Haezer 177:3 where it states  that in a situation where one only may divorce with the consent of the woman, one does not need a ketubah. Thus, nowadays, in our countries, where we do not divorce against the will of the wife because of the ban of Rabbenu Gershom, as explained in Even Haezer 119, it is possible to be lenient and not write a ketubah at all; but this is not the custom and one should not change it
[...]
However, no one argues with the basic economic assertion of the Ramo: The purpose of the Ketubah written to impose a cost on the husband for divorce — so that he should not divorce her rashly — has become moot; this basic purpose has been overtaken by the ban of Rabbenu Gershom which simply prohibited that which the Talmudic Sages sought to discourage. The ketubah neither establishes nor effects nor modifies any economic rights in cases of divorce without fault in places where Cherem deRabbenu Gershom is accepted. In situations where Cherem deRabbenu Gershom is not applicable due to misconduct, fault is always found, and no ketubah payment is thus mandated by Jewish law.
Rav Moshe Feinstein (Igros  Moshe E. H. 4:91): The value of the ketubah is not known to rabbis and decisors of Jewish law, or rabbinical court judges; indeed we have not examined this matter intensely as for all matter of divorce it has no practical ramifications, since it is impossible for the man to divorce against the will of the woman, [the economics of] divorce are dependent on who desires to be divorce, and who thus provides a large sum of money as they wish to give or receive a divorce.

Monday, September 2, 2013

Rav Shteinman against anti iPhone poster campaign

Kikar Shabbat
המלחמה באייפונים: בחודש האחרון מופצים ברחבי השכונות בריכוזים החרדיים שלטים כנגד השימוש ב"אייפון ודומיו".
תחת הכותרת: "אין כניסה לבעלי אייפון ודומיו", מחולקים הכרזות לידי תלמודי התורה שתולים אותם במרפסות הבתים, במקרים רבים אף ללא ידיעת הוריהם.
כעת מתברר כי דעתם של רבים מגדולי הדור אינה נוחה מאותו קמפיין לוחמני המנסה לדחוק לשולי המחנה רבים וטובים בקרב הציבור החרדי....

להפתעתו, השיב לו מרן הגראי"ל כי "עלינו ללמוד מאבות האומה היהודית". ראש הישיבה הוסיף והסביר כי "אברהם אבינו הכניס אליו לאוהל, לביתו, אפילו עובדי עבודה זרה, אלא שרק ביקש מהם לשטוף את ידיהם ולנגבם מאותם גילולים".
הגראי"ל המשיך ואמר כי "לא מצאנו שתלה שלט על ביתו שאין כניסה לבעלי עבודה זרה".
השואל ההמום הבין את המסר והבהיר כי לא יתלה את השלט בביתו.