Wednesday, August 12, 2009

Chasidic cop's undercover drug sting


Forward

A few months ago, Israeli police planning a sting were hard-pressed to find a convincing small-time dealer who could buy large quantities of drugs without arousing suspicion. In the end, they settled on a novel solution: a Hasidic man who would claim he was buying for students at his yeshiva.

The case ended up netting the arrests of 15 men in the Israeli town of Lod. The arrested will face trial next month on charges of possession and supply of illegal substances. The operation was given the name Ketoret Samim, a double entendre referring both to drugs in modern Hebrew and to a talmudic mixing of incense in ancient Hebrew. The operation's success was thanks to footage recorded from cameras secreted in the long black coat of Shlomo Treitel, a 34-year-old Hasid from Netanya who is a community police officer.

"My wife didn't know what I was doing, but when I told her, she said that she knows I'm guided by our rebbe, so I won't come to any harm," he told the Forward.

On some 30 occasions, and spending $14,000 altogether, Treitel went to dealers in Lod, notorious for its Arab-controlled drug trading. He bought hard and soft drugs. His story was that the students in his yeshiva were ba'alei teshuvah (secular Jews who have turned to more observant lives), and he had come to the conclusion that he could well cash in on their habits by becoming a small-scale dealer. [...]

Tuesday, August 11, 2009

Rav Wozner - informing on tax cheats


Rav Wozner(Shevet HaLevi 2:58):Concerning someone who works for the tax department and he discovers someone cheating the government and is required by law to report it to the justice department. He wants to know whether he is considered an informer (moser) according to halacha or do we say that “the law of the land is the law” and thus he would not be an informer? Answer: Concerning the issues of taxes – there is no halachic authority who denies that this is included in the principle “the law of the land is the law.” This is true even for those who disagree with the Rema (C.M. 369:8) as to the nature of “the law of the land is the law.” See the Shach and Levush and the responsa Hashiv Moshe… Concerning the issue of reporting the tax cheat to the government see Bava Metzia (83b) concerning R’ Eliezer the son of Rav Shimon bar Yochai. The gemora reports that he reported thieves to the government. This is proof that where the government has authorized a Jew to report thieves that it is permitted. Even though he was criticized “how long are you handing the people of our G‑d to be killed” – because the punishment for thieves in those days was death. This is relevant also for a similar criticism from Eliyahu Hanavi to R’ Yishmael which is reported in that gemora. However the actual halacha seems that even when it results in the death penalty it is considered “the law of the land is the law.” See the Ritva on that gemora which is found in the Shita Mekubetzes. The Be’er HaGola (C.M. 388) writes that it has already become accepted practice that the leaders of the community supervise that there should not be any fraud or deception against the secular government. The community leaders have announced that it was permitted to publicize and reveal those men who were cheating the government. A person who wishes to escape paying taxes owed to the government and another Jew reveals this – this is not considered the crime of informing. Even though the Rema states that revealing this information is bad because it is like returning a lost object to a non‑Jew – but that is only concerning an individual non‑Jew. But that which is applicable to the government and the tax auditor was appointed to discover fraud – there is no prohibition in revealing the fraud. However it is best if a person should not work as a tax auditor which requires revealing this type of information. Even though revealing the information is permitted – it is not a pious thing to do as we see from the Yerushalmi. Also look at the Responsa of the Alshech who states that a person is not considered an informant for those things required by the law of the land….

Economy - raising $12 Trillion debt cap

Mesira to preserve and protect a just society


R' Breitowitz has an excellent shiur concerning the natue of mesira and its relevance when a just government is involved (Aruch HaShulchan) or the laws are more severe than the Torah (Rav Moshe Feinstein) and its connection to dina demalchusa dina (Rav Wosner) and the need for laws for the well being of society.

Sunday, August 9, 2009

Judge rules against rabbi's widow in Torahs case


LATimes April 9, 2009

A Los Angeles County Superior Court judge has thrown out a religious court's decision to award four disputed Torahs to an Orthodox rabbi's widow who claimed that the scrolls had been stolen by her late husband's assistant.

The religious court, known in Hebrew as a beis din, ruled in January that the four Torahs belonged to Rita Pauker of North Hollywood. The scrolls had been in the care of her late husband's assistant, Rabbi Samuel Ohana, for more than a decade.

Pauker argued that a handwritten agreement between her late husband, Norman, and Ohana proved that the scrolls were lent to Ohana for only two years. Ohana maintained that Rabbi Pauker gave the Torahs to Ohana's Sherman Oaks congregation in 1998 after Pauker's own synagogue closed.

After the religious court ruled, Ohana refused to turn over the Torahs to Pauker. Instead, he appealed to a higher court in Israel. Pauker, meanwhile, took the case to the civil court system in Los Angeles, seeking to enforce the local religious court's ruling.

On Monday, Superior Court Judge Zaven V. Sinanian ruled in Ohana's favor based on what he believed may have been a conflict for one of the three religious judges, Rabbi Nachum Sauer.[...]

The severe sin of going to a non-Jewish court II


Shulchan Aruch(C.M. 26:1)
: It is prohibited to have a non‑Jewish court make judgments in a dispute between Jews. This is so even if they make judgments based on Jewish law and even if the litigants agree to accept their judgment. Who ever used the non‑Jewish court is a rasha (wicked person). It is as if he has denigrated the Torah of Moshe. Rema: The Jewish court has the right to excommunicate and ostracize those who utilize the authority of non‑Jews. Similarly there can be various punishments enacted against someone who goes to a non‑Jewish court – until they retract….

Shulchan Aruch(C.M. 26:2): If the non‑Jews are the controlling power and the litigant is powerful in his own right and therefore the person can not recover what is his by the authority of the Jewish court – he should first summon his opponent to the Jewish court. If his opponent refuses to go – he should obtain permission from the Jewish court and then use the non‑Jewish court to recover what is his from his opponent. Rema: The Jewish court has the right to go to the non‑Jewish court and to testify that one person owes the other money. All this is only if one of the litigants refuses to obey the Jewish court. Otherwise it is prohibited for a Jewish court to give authorization for Jews to have their dispute presented to a non‑Jewish court

The severe sin of going to a non-Jewish court I


Rabbeinu Bachye (Shemos 21:1): Even though the sin of murder is serious, but the sins of stealing and profaning G‑d’s name (chilul Hashem) are even more severe than it. That is because a murderer is forgiven when he repents as we saw concerning Caine. However repentance doesn’t erase the sin of stealing because it is first necessary to return what was stolen. If it isn’t returned then the thief is never forgiven. Similarly with chilul HaShem – repentance doesn’t help because it is a more serious crime then kerisus or capital punishment. Our Sages (Yoma 86a) say that if a person does a sin punishable by kerisus or capital punishment and he repents that the combination of repentance and Yom Kippur initiates while suffering completes the process of atonement of the sin…However a person who has committed chilul Hashem, then repentance and Yom Kippur as well as suffering do nothing. His sin is only atoned through his death. Thus these two sins of theft and chilul Hashem are more serious than murder and both are included in the sin of going to a non‑Jewish court to adjudicate disputes. Chilul HaShem is included because it is unquestionably a profanation of G‑d’s name by giving honor to idolaters and glory to non‑Jews by using their services…. Theft is involved since by ignoring Torah laws and winning a judgment in a non-Jewish court it is complete theft. However the winner of the dispute doesn’t view himself as a thief and therefore he doesn’t return what he won. Consequently he is never forgiven.