Monday, January 12, 2009

R' Bomzer censured by Vaad for Conversion


Conversion - Retroactive nullification - child


Anonymous requested that I post this story about the retroactive nullification of conversion of the adopted son of the philosopher Fackenheim. It could be an important story but there are not enough details to draw any definite halachic conclusions.

YNET reports:


בית הדין הרבני בירושלים סיפק השבוע שערוריית גיור חדשה המסעירה את הממסד
הדתי והפוליטי. אב בית הדין האזורי, הרב יששכר דב הגר, פסל רטרואקטיבית את
גיורו של יוסי פקנהיים, שחי כל חייו כיהודי ואף נשא אישה באמצעות הרבנות,
כדת משה וישראל.

פקנהיים גויר לפני 29 שנה, כאשר היה תינוק, בבית דין אורתודוקסי בקנדה. כל
חייו הוא חי כיהודי לכל דבר ובשלב מסוים עלה ארצה והתחתן כהלכה, לאחר
שהרבנות ערכה את כל הבחינות הנדרשות.

לאחרונה נתגלעו פערים ומחלוקות בינו ובין אשתו והם החליטו, בהסכמה
הדדית, להיפרד. בני הזוג פנו לבית הדין הרבני האזורי בירושלים במטרה
להסדיר הליכים והגישו בקשה לסידור הגט.


לאחר שהתברר לאב בית הדין כי פקנהיים התגייר בעודו תינוק, הוא החל
לתחקר אותו בנושאי שבת, כשרות ושמירת מצוות. כשהרב אימת כי מדובר בבחור
שאינו דתי ואינו שומר שבת החליט אב בית הדין כי אין צורך בגט מאחר והבעל
אינו יהודי. גיורו נפסל רטרואקטיבית ועל כן נישואיו אינם נישואים.


בני הזוג התעקשו בכל זאת לקבל מסמך גירושין רשמי מבית הדין, על מנת
שיוכלו להסדיר את התוקף המשפטי במשרד הפנים. רק לאחר דרישה נמרצת של
פרקליט האישה ותלונות לנציבות קבילות השופטים והדיינים הסכים הרב הגר לסדר
גט לחומרה, אך השאיר בעינה את הקביעה כי הבעל אינו יהודי, ושמו צורף
לרשימת פסולי החיתון באופן שימנע ממנו לשאת אישה יהודיה באופן מקובל.
[...]

Should Jews hate Arabs?


Jersey Girl
has left a new comment on your post "Arab propaganda war against Israel":

We were sitting in the vestibule of the synagogue on Shabbos, a group of mothers and children waiting for the service to end.

Two young pre teenage boys were playing a game, "I'm shooting Arabs","pow,pow, pow" "I'm blowing up Arabs", "I can kill more Arabs than you".

The mothers were horrified and one sends a child to go get her husband who questions the boys.

"Where did you learn this type of thing, this is terrible?" asks the father.

"Oh, the youth director, from NCSY," replies one of the boys. "We play a game on Shabbos called the "Settlers of Catan" and it is about an imaginary place, but we make it to be Israel and the object of the game is to kill as many Arabs as possible to win the game."

After Shabbos, one of the parents googles and learns that the game, developed in Germany, is played in nearly every NCSY youth group in the country.

During the 2006 Second Lebanon War Rabbi Sholom Wolpe, a prominent figure among Israeli Chabad told the local Kiryat Gat weekly "that the war should continue "until the enemy has been totally eradicated." [Interview with Shalom Dov Wolpo, Kiryat Gat Net (Hebrew), July 13, 2006]

Fortunately, the Orthodox Union issued a statement in response to Rabbi Wolpe's
racist and hateful remarks: “We unequivocally condemn Rabbi Wolpe’s statements. They are beyond the pale of legitimate democratic protest and have no basis in Jewish law or hashkafa (philosophy)".

But Chabad leaders have not distanced themselves from Wolpe and other extremist Messianics who call for genocide against Arabs.

Children in a local yeshiva bring home a parsha sheet in which the Ramban is credited with saying "that Arabs have been the evil enemies of the Jews since Avraham and Sarah".

A quick look at the referenced sefer, perek and passuk, shows that the Ramban never wrote such a thing. In fact, those who know history, know that the Ramban was expelled from Christian Europe and granted refuge in the Moslem Levant.

Where did this come from?

There is a great deal of Anti Arab and Muslim hate in our Jewish communities, so much that it is often shocking. This is not part of Judaism or our Torah. It is frightening to note how much Judaism has changed in the past 50 years. Our great grandparents would not recognize it.

Gaza imperils 2 state plan


NYTimes reports

With every image of the dead in Gaza inflaming people across the Arab world, Egyptian and Jordanian officials are worried that they see a fundamental tenet of the Middle East peace process slipping away: the so-called two-state solution, an independent Palestinian state coexisting with Israel.

Egypt and Jordan fear that they will be pressed to absorb the Palestinian populations now living beyond their borders. If Israel does not assume responsibility for humanitarian aid in Gaza, for example, pressure could compel Egypt to fill the vacuum; Jordan, in turn, worries that Israel will try to push Palestinians from the West Bank into its territory.

In that case, both states fear, they could become responsible for policing the conflict between the Palestinians and Israel, undermining their peace treaties with Israel. [...]

Sunday, January 11, 2009

Abuse - rape of young girl


Just received this question :

Take this situation: A man regularly abuses a young girl He is not her brother, not her father, etc., so it is not Gilui arayot.

In this case, does she at all have a case against him according to torah law? Or can she just ask for a money settlement because she lost her virginity (if this is the case)? If he goes on abusing her for several years, will this make a difference (as compared to if he does it just one time)?

Has she a case to bring him to civil authorities? I would be very grateful for an answer to this question
===================================
The simple answer - 1) if you know for certain that these are the facts and he is still abusing her or others - is to call the police since this is viewed as a case of pikuach nefesh. The fact that this does not involve a specific sexual prohibition which is punishable by court or by kares - it still is prohibited because of many other Torah prohibition. 2) If it is only a suspicion - then contact someone who is experienced in these matters - whether a rabbi, psychologist or social worker - and ask how to proceed. Do not consult people who are not experienced in issues of abuse.

However if this is in regard to past activity and he no longer abuses and there is absolutely no possibility he will abuse in the future - the situation is different. In that case you need to consult with rabbinical authorities as well as a lawyer and experienced mental health expert.

Rav Eliashiv: Question: If someone is sexually abusing a boy or a girl in circumstances which we can’t stop him from continuing his evil deeds – is it permissible to notify the government authorities? Answer:...However, it is permitted to notify the government authorities only in the case which it is certain that the accused has been sexually abusing children. Informing the authorities in such a case is clearly something for the well being of the society (tikun olam). However in a case where there is no proof that this activity is happening but it is merely a conjecture or suspicion, if we permit the calling of the authorities - not only would it not be an improvement (tikun olam) - but it would destroy society. That is because it is possible that allegations are being made solely because of some bitterness the student has against his teacher or because of some unfounded fantasy. As a result of these false allegations the accused will be placed in a situation for which death is better than life – even though he is innocent. Therefore I do not see any justification for calling the authorities in such circumstances.

1) pikuach nefesh - Rav Eliyashiv [heard from Rav Maier Horowtiz - the Bostoner Rebbe's son] and Rav Sternbuch [heard directly] have clearly stated sexual abuse destroys the person and is thus pikuach nefesh. Simply put the person who is doing this is no different than someone trying to murder her. You must use the minimum effective action that will protect her. If it is clear that this is happening - call the police. The perpetrator is a rodef.

2) physically harming another person is prohibited

3) psychological harm is prohibited by "lo sono" Vayikra 25:17

4) embarrassing and degrading another person is prohibited

5) there is also a Torah requirement to stop a person from sinning.

6) this is also Torah violation of "loving your fellow as yourself"

7) there is a need to rebuke a sinner

8) the disgusting behavior of this individual degrades the spritual status of all Jews - through the mechanism of arvus.

9) there is a Torah prohibition of standing idly by while someone is being harmed

Arab propaganda war against Israel


YNET reports:

From the outset of Operation Cast Lead, a narrative that is highly disturbing for Israelis and Jews has emerged in the Arab world. "Israel carries out mass extermination," Hamas and Islamic Brotherhood spokesmen scream out on Arab satellite networks, and especially on al-Jazeera.

"Collective punishment, genocide, Holocaust," these same spokesmen cry out, with photos of dismembered bodies in the wake of Air Force attacks posted in the backdrop. These are charged words, yet it is precisely what speakers are trying to achieve: They wish to show the world that Israel has replaced Nazi Germany. Those are not slips of the
tongue, but rather, a deliberate argument that is repeated time and again.

From early on in the war, a dual and often contradictory narrative had been created by various Arab media outlets. Yet despite the contradictions, it appears many Arabs accept it: On the one hand, Israel is portrayed as a Nazi state and a mass exterminator of defenseless civilians, while the world remains silent. Yet on the other hand, "Palestinian resistance fighters" are said to pulverize Israel mercilessly, with the IDF said to conceal its casualties. [...]

Friday, January 9, 2009

Norwegian doctor in Gaza - Apologist for Hamas


Fox News:

A high-profile Norwegian doctor who has said the September 11 terrorists were justified in their attack is now treating patients in Gaza and is being accused of presenting "hard-core propaganda" to TV interviewers in his telling of the conflict between Hamas and Israel.

Dr. Mads Gilbert has become an unofficial advocate of the Palestinian cause, his critics say.

International media reports, including those from the BBC, CBS, CNN and FOX’s sister station Sky News, present Gilbert as an ordinary doctor.

But a look at his record shows that Gilbert, 61, is a political activist and member of the Norwegian Maoist "Red" party, and he has been involved in solidarity work for the Palestinians since the 1970s. He has criticized the international aid organization Doctors Without Borders for refusing to take sides in conflicts.

Gilbert volunteers at the Al-Shifa Hospital in Gaza with the Norwegian Aid Committee (NORWAC), an aid organization funded by the Norwegian government, and he has been interviewed by the media on a variety of issues. Israeli government officials have said Hamas hides weapons in the hospital where Gilbert works.[...]