Monday, April 27, 2009

Abuse - Opposition to window of Markey Bill

The Jewish social service organization Ohel has decided it will oppose legislation that would allow victims of childhood sexual abuse currently beyond the statute of limitations to bring their cases to court. Agudath Israel of America and Torah Umesorah, its affiliated educational arm have announced their opposition to the open-window provision under consideration in Albany.

Ohel CEO David Mandel declined to confirm Ohel’s position, which was described to The Jewish Star by a source close to the organization.

“It is simply not a matter of a yes or no issue of supporting the Markey bill or the Lopez bill as one can be supportive of major portions of legislation without supporting it in its entirety, and at the same time remain true to their convictions,” Mandel said.

Mandel was referring to legislation sponsored by Assemblywoman Marge Markey (D-Queens) that would extend the civil statute of limitations by five years as well as open a year-long window to bring civil cases that currently are beyond the statute. A competing bill sponsored by Assemblyman Vito Lopez (D-Brooklyn) would extend the civil statute of limitations by two years but does not include the yearlong window.

In a statement released Tuesday, Agudath Israel of America and Torah Umesorah, the National Society for Hebrew Day Schools, indicated that they would “have no objection to legislation designed to give victims of abuse greater recourse against perpetrators.”

However, Agudah and Torah Umesorah “vigorously oppose” legislation that would do away with the statute of limitations, even temporarily for a year, since that “could subject schools and other vital institutions to ancient claims and capricious litigation, and place their very existence in severe jeopardy.”

Agudah acknowledges a conflict of interest related to a lawsuit against Yeshiva Torah Temimah in Brooklyn, and Yehuda Kolko, a longtime rebbe there. The suit lists an Agudah-owned summer camp for boys, Camp Agudah, Inc., as a defendant. The suit was filed in Brooklyn Federal Court in 2006. It alleges that Kolko molested David Framowitz, identified in the suit as John Doe No. 1, while he attended Camp Agudah in the summer between his seventh and eighth grade years. [...]

Friday, April 24, 2009

Mind expansion - Berachos 57b - R' Kook

Lifting One-s Spirits & Expanding One-s Spirits - Rav Kook on Berachot 57b

Bnei Berak - home-grown terror


Arutz Sheva

Bnei Brak vandals slashed tires on nearly 30 cars, torched a synagogue and burned a woodwork shop between Friday and Saturday night. The Bnei Brak residents agreed to talk with Israel National News TV on condition that their identities be concealed.

“Some of the local kids who were probably kicked out of their homes gathered here and decided to spend the night in the synagogue," one person said. "They tore down the Torah ark covering to sleep under it, and they took all the prayer shawls in the synagogue to use as sheets. A fire broke out when they burnt prayer books, and the whole wall was set aflame. This is pure vandalism.”

One yeshiva student spoke of his personal experience about how dangerous Bnei Brak can be late at night. “Two punks came over, and they were holding a glass bottle. They shattered it on my neck. With what was left after the bottle was broken, they tried to stab me. I was rushed bleeding to the hospital where pieces of glass were extracted and I was told that it almost reached my main artery. Two weeks later my uncle who is a great rabbi here walked through the streets, and two punks came over and started pulling his beard and hitting him."

Jews sometimes suffer assaults and harassment by Arabs or groups of immigrants defining themselves as neo-Nazis in other Israeli cities, but Bnei Brak is dealing with a homegrown menace. "They come from good families who live here in the area, they leave the way of their families and they allow themselves anything," one person said.

"They have no day or night, they have no boundaries and we don’t see the police doing anything. When we call the police and complain about the harassment, we notice they don’t come at all or they come with the siren and blazing lights and that’s enough for them to run away and come back the next time.”[...]

Moshiach & immorality III


Kli Yakar(Bamidbar 5:2): Therefore Dovid called the yetzer harah impure (tamei) (Sukka 52a) because it caused him to fail in three things: adultery with Bas Sheva, murder with her husband Uriah and idolatry – that he wanted to worship idols as it states in Sanhedrin (107a).

Avoda Zara (4b): R’ Shimon bar Yochai said that Dovid was not the type to do the sin with Bas Sheva nor were the Jewish people the type to do the sin of the Golden Calf. … So why did they sin? G‑d decreed [that they sin to give a model to repentance - Rashi] - to teach that if an individual sins they should say to go to the individual [Dovid] and if a community sins they should be told go to the community.

Sanhedrin(107a): Dovid asked G‑d to erase the sin of Bas Sheva [as if it had never been done]. G‑d replied that it had already been ordained that his son Shlomo will say in his wisdom (Mishlei 6:27): “Can a man take fire in his bosom and his clothes not be burned? Can one go upon hot coals and his feet not be burned? So he that goes in to his neighbor’s wife; whoever touches her shall not be innocent.” Dovid asked whether he really needed to suffer so much? G‑d told him to accept his suffering and he accepted it. Rav said that for 6 months Dovid was afflicted with leprosy during which time the Divine Presence (Shechina) departed from him and the Sanhedrin avoided him.

Thursday, April 23, 2009

Abuse - Markey Bill - critique of Agudath Israel


VIN reports Dr. Asher Lipner writes

New York - Agudath Israel in consultation with its Moetzes Gedolei Yisroel (Coucil of Torah Sages) has finally decided not to support the Child Victims Act of State Representative Margaret Markey. The Markey legislation would extend the statute of limitations on both criminal and civil cases involving the sexual abuse of children, and it would open a one-year "window" durring which all past cases of abuse could be presented in court. It is being supported by both Orthodox assemblymen - Dov Hikind, who has become a champion of the rights of victims, and Sheldon Silver, the Speaker of the Assembly, who has voted for it three times. The benefits of allowing all victims of abuse to confront their abusers in court are best explained in Cordozo Law Professor Marci Hamilton's book, Justice Denied: What America Must Do to Protect It's Children. Aside from giving survivors of sexual abuse a chance for justice, similar "window" legislation in two other states have helped society identify over 350 sexual predators who were unknown before the legislation. The alternative bill that Aguda is presumably backing, which does not include such a window, is referred to by Ms. Hamilton as the "Hide the Predator Act".

In lockstep with the Catholic Church, their partners in fighting this much needed legislation, Agudah argues that allowing victims of all ages to sue molesters would put into jeopardy, not only the molesters themselves, but also any institution that knowingly or negligently harbored molesters. This would constitute a potential drain on community resources, (since some important Jewish institutions will undoubtedly be implicated because of a long standing tradition of silencing victims in the community) especially at a time when the economy has hurt our institutions’ ability to do so much good for so many people.

I hope the Agudah reconsiders its misguided position and takes into consideration that on this issue, doing the right thing may actually pay dividends "both in this world and the next". Showing the proper compassion, integrity and sense of justice that the victims of sexual abuse deserve and parents of Jewish children demand, not only is the moral thing to do, but may actually serve to avert many a lawsuit in the long run.[...]

Moshiach & immorality II


Dovid had 400 children from war‑time rape (yafas to’ar)


Sanhedrin(21a): Dovid had 400 children and all of them were the result of war‑time rape with non‑Jewish women captured in battle (yafas to’ar), and they all had long hair and all of them rode in golden carriages. They led the soldiers and they were the men of power in Dovid’s household.

Aruch LeNer(Sanhedrin 21a): Dovid had 400 children - It appears at first glance to be incomprehensible that from those wives who were yafas to’ar of his 18 wives - he would have 400 children. I saw that Rashi (Kiddushin 76b) was aware of this problem. He wrote that not all were children of Dovid but were rather the children of other Jews. However Tosfos Rid (Kiddushin 21b) quotes one of the major rishonim who says that they were definitely Dovid’s children from the yofas to’ar that Dovid had raped in battle. But he did not take them as wives and thus they were not counted among the 18 wives that were permitted to him.

Rashi(Kiddushin 76b): Dovid had four hundred children – they were children of his soldiers from yofas to’ar but they were not his biological children.

Tosfos Rid(Kiddushin 21b): Those four hundred children [that Sanhedrin (21a) said that Dovid had] they were the result of the permitted first intercourse with their mothers who were raped in battle. However Dovid did not keep them as wives because then he would have had more than the allowed 18 wives.