Tuesday, May 18, 2010

Controversy regarding building 2 mosques near Ground Zero

Fox News

As controversy surrounds the construction of a 13-story mosque just two blocks from Ground Zero, FOX News has learned that an effort to place a second mosque close to the hallowed site in New York City is in its advanced stages.

The Masjid Mosque has raised $8.5 million and is seeking an additional $2.5 million to begin construction. While it apparently has not settled on a final location, it has told donors it plans to build very close to where 3,000 people were killed in the September 11 terror attacks.

In fact, the website appealing for donations boldly states that it plans to “build the 'House of Allah' next to the World Trade Center. Help us raise the flag of 'LA ILLAH ILLA ALLAH' in downtown Manhattan."


Monday, May 17, 2010

R' Moshe Halberstam: Mitzva to imprison molester

R’ Moshe Halberstam (Yeschurun 15 page 646): Let’s return to the original question concerning a wicked molester whose evil inclination forces him to sin and be wicked and it is possible to turn him over to the government in order that he be incarcerated in prison for a number of years until he calms done and returns to G‑d wholeheartedly. According to the sources we discussed before it is clear that there is no sin or transgression in handing him over to the authorities. In fact the opposite is true – it is a mitzva because by doing so he is caused to stop from doing the disgusting deeds. In addition we know that the government will not execute him. Therefore the essence of his punishment is that he will be forced to dwell for a number of years in prison. This will be beneficial to him in that they will assign him a psychologist or psychiatrist who will supervise him and his activities with a watchful eye. Perhaps he will be able to find a resolution of his torment by means of this treatment. So in such a case it is obvious that it is a good thing to save him and to save his family from his incestual attacks on them.


Supreme Court:Sex offenders can be confined beyond sentence

FoxNews

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

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

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


Importance of finding kosher fish worms

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

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


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


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


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


Kiddush HaShem: Rewarding the oppressor R' Yaakov Kaminetsky

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


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

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