Tuesday, December 13, 2011

Is a person required to save another's life - if it causes him/her great embarrassment?


Everybody is aware that there is an obligation of saving others. It is also clear that one needs to exert effort and even expend money to save others. You are even allowed to speak lashon harah to save another's life. The question is a person required to suffer embarrassment and degradation to save another person's life? Rav Moshe Feinstein says yes.

Vayikra (19:16) states, “You shall not go around spreading gossip amongst your people nor shall you stand idly by the blood of your fellow man – I am the L‑rd.”
This is codified in Shulchan Aruch(C.M. 426:1): If you see someone drowning in the sea or being attacked by bandits or wild animals and it is possible to save him by yourself or to pay others to save him and yet you don’t save him or alternatively you hear non‑Jews or informers plotting to do him harm and yet you don’t inform him or alternatively you know that non‑Jews or bandits are planning to attack him and you are able dissuade them and yet you don’t or other such scenarios – you are violating “do not stand idly by the blood of your fellow (Vayikra 19:16).
 Chinuch( #237) adds This means not only are obligated to try and save his life yourself but you need to also take the trouble and hire others if that is what is needed. The basis of this mitzva is well known because if you try and save others then others will try and save you. This is the basis of civilization and G‑d desires that society be preserved.
However Sanhedrin (73a) notes that there are in fact two verses - the verse in Vayikra and the verse to return lost objects and saving a person is a type of returning a lost object. Whence do we know that if a man sees his neighbor drowning, mauled by beasts, or attacked by robbers, he is bound to save him? From the verse, Thou shalt not stand by the blood of thy neighbor.’ But is it derived from this verse? Is it not rather from elsewhere? Viz., Whence do we know [that one must save his neighbor from] the loss of himself? From the verse, And thou shalt restore him to himself!9 — From that verse I might think that it is only a personal obligation,10 but that he is not bound to take the trouble of hiring men [if he cannot deliver him himself]: therefore, this verse teaches that he must.

Rav Shlomo Kluger
therefore learns from this gemora that in fact that the same parameters for returning lost objects applies to saving lives. In particular that just as in returning lost objects one does not need to embarrass and degrade himself (if it is not in accord with his dignity)- he doesn't have to cause himself embarrassment - even to save a life.

This conclusion is strongly rejected by Rav Moshe Feinstein (Y.D. 2:174.3)  [bottom of first colum] in his discussion of saving a person who attempted suicide.

Monday, December 12, 2011

Blogger not a journalist story - really about blogger trying to slander the innocent


Last week, a story came across my desk that seemed to suggest that a blogger had been unfairly nailed with a $2.5 million defamation award after a judge refused to give her standing as a journalist. A businessman who was the target of the blogger’s inquiries brought the suit. 

I went to work on a blog post, filled with filial umbrage, saddened that the Man once again had used a boot heel to crush truth and free speech. But after doing a little reporting, I began to think that what scanned as an example of a rich businessman using the power of the courts to silence his critic was actually something else: a case of a blogger using the Web in unaccountable ways to decimate the reputation of someone who didn’t seem to have it coming. 

The ruling on whether she was a journalist in the eyes of the law turned out to be a MacGuffin, a detail that was very much beside the point. She didn’t so much report stories as use blogging, invective and search engine optimization to create an alternative reality. Journalists who initially came to her defense started to back away when they realized they weren’t really in the same business.[...]

Prof. Kaplan responds to Rabbi Meisleman's attack on Rabbi Slifkin

 This is part of an article from Rabbi Slifkin's Blog. The full article can be accessed here.
The main problem with R. Meiselman’s reading of the Rav’s thought is that it is all black and white, lacking any balance or nuance. Had R. Meiselman, for instance, argued that the Rav’s concerns were primarily parochial and that universal concerns played only a minor role in his thought, I would have disagreed with him and argued that the weight of the evidence indicates otherwise, but his position would have had some plausibility and it would have made for an interesting debate. But no, such a nuanced statement does not seem to accord with R. Meiselman’s style. Rather, he has to argue that “The Rav in all his concerns was exceedingly parochial... and that one cannot find a single instance where the Rav was involved in any of the universal issues of his day.’’ This made it almost embarrassingly easy for me to disprove his claim by simply pointing to clear and explicit statements of the Rav in his essay “Confrontation’’ and in his position paper “On Interfaith Relationships’’ where the Rav does express universal concerns.
Similarly, had R. Meiselman claimed that the Rav maintains that the importance of the State of Israel has to be evaluated primarily in pragmatic terms, I would again have disagreed with him, but his position again would have had some plausibility, and it too would have made for an interesting debate. In such a circumstance R. Meiselman might even have had some basis for maintaining that the shmuess lends some credence to that more limited claim. But no, first R. Meiselman claims in his unnuanced fashion that the Rav maintains that “the importance of the State of Israel has to be evaluated purely in pragmatic terms’’ and that it “does not have halakhic meaning,’’ and then he, in equally unnuanced fashion, argues that “everything I said about Rav Yoshe Ber and Zionism is confirmed in ...the shmuess....It confirmed everything I had said on this topic.’’ Of course, had R. Meiselman admitted that for the Rav the religious significance of the State of Israel is not purely pragmatic, he would not have been able to arrive at the astonishing conclusion that “The Rav’s difference of opinion with other [Haredi] Torah giants was the degree of accommodation with the government [sic] of Israel. It existed on the pragmatic level only.’’
R. Slifkin’s praise and R. Meiselman’s critique of my article arose only tangentially in the course of their debate regarding the relationship between Torah and science. It is not my purpose here to enter into the substance of that debate; R. Slifkin certainly does not need my help.  I will only say that the same all or nothing approach, the same lack of nuance and balance that I have shown to be so prevalent in R. Meiselman’s reading of the teachings of the Rav are equally prevalent in his discussions of Torah and science.

Sunday, December 11, 2011

Sports as environment for abuse & barrier for reporting


But sports as an environment for sexual abuse is hardly new. Experts say it has all the significant ingredients that can lead to such abuse: coaches have close relationships with children and unsupervised access to them, while holding a position of trust and authority that can often keep children from reporting the problems to their parents or other authority figures. 

“It’s not new, but in sports it seems we are doomed to be shocked and appalled all over again,” said Dr. Sandra Kirby, an associate vice president for research at the University of Winnipeg, who led a study in the 1990s that found widespread instances of sexual misconduct involving coaches of the Canadian national team in various sports.[...]

Kol Tzedek - 1 of 85: Alleged Flatbush molester held on $1 million bail


He looks like a movie star, but many members of Brooklyn’s Jewish community believe he is a monster.

Andrew Goodman, 27, who worked for Jewish social-service agencies, is charged with sexually abusing two Orthodox boys for years in Flatbush — one from age 11 to 15, the other from age 13 to 16.
 
Goodman filmed sex acts with the youngsters on a Web cam, according to the 144-count indictment, which alleges numerous violations since 2006. He has pleaded not guilty.

Thursday, December 8, 2011

Principal who suspended 9 year old boy for saying teacher was cute - forced to resign


The North Carolina school principal who suspended a 9-year-old boy for saying a female teacher was "cute" has been forced to retire over the decision.

Emanyea Lockett was given a three-day suspension from Gaston's Brookside Elementary School after he told another student his teacher was "cute" and a substitute teacher overheard the comment, the Gaston Gazette reported.

School officials investigated the incident and found that Emanyea had done nothing wrong. The school board then gave principal Jerry Bostic one hour to stand down or face termination.

Gay marriage: Court weighs validity of Prop. 8 ruling by gay judge


A federal appeals court in California is set to hear argument Thursday on whether to disqualify a federal judge who ruled that the US Constitution guarantees a right to gay marriage.

Supporters of a ban on same-sex marriage say the ruling should be vacated because the San Francisco-based judge in the case failed to disclose that he was, himself, in a long-term gay relationship and stood to personally benefit from his landmark ruling.

At issue is whether Chief US District Judge Vaughn Walker, who has since retired, should have revealed his relationship to the parties in the litigation prior to the 2010 trial or stepped quietly aside before hearing the case. [...]