Rav Sternbuch - Protesting against gay marriage

TRANSLATED FROM HEBREW

In reply to your query if we are obliged to protest against the new law of legalizing the marriage of Sodom which apparently seems that it does not affect us, the Raavad HoRav Sternbuch said this is an egregious law.

Don’t mistakenly think that this doesn’t affect us. Because if this is accepted as law, it will spread the influence of impurity to other places in America and cause great damage even in our homes. Our commentators explained that in the Generation of the Flood – that even the animals coupled unnaturally with different species - because of the influence of the spiritual impurity that abounded then. Isolating ourselves from the rest of society does not stop the spread of the influence of this impurity.

In addition, there is the tremendous chillul HaShem of our standing by silently. They are pushing the acceptance of the idea that lowly animalistic relationships should have the same legitimacy and status of marriage, as the bond of marriage between man and woman. The Jewish People have the duty to serve as “Light to the World” – how can we be silent in the face of this abomination?

We turn to our Father in Heaven that He should at least hear the voice of great protest from the community - and the decree should be nullified.

We should soon merit the mercy of Heaven and the complete Redemption.

Gay marriage - legal consequences

NYTimes

The movement toward legalizing same-sex marriage in New Hampshire has hit a bump. Gov. John Lynch, a Democrat, said last week that he would sign a same-sex marriage bill only if it included new language expanding protection for religious institutions that might object to same-sex marriage. On Wednesday, the state’s House of Representatives rejected that amendment. So for the moment, the matter is stalled in New Hampshire.

But whatever the outcome, Mr. Lynch may have moved the debate over same-sex marriage forward, at least by isolating it from the question of how it affects religious groups.

For some time, scholars have debated this issue, and some are now urging states considering same-sex marriage laws to include strong protections for religious organizations. Some are even suggesting protections for individuals and small businesses who offer services for weddings — like photographers, florists, caterers, bakers, wedding planners and musicians. The argument is that these individuals and businesses might have religious objections to gay couples’ marrying and could be exposed to sizable fines or strong penalties under nondiscrimination statutes.

The deliberations in New Hampshire could have implications for New York, where the legalization of same-sex marriage hovers on the brink without the kind of protection for religious groups that Mr. Lynch demanded. New Hampshire’s experience may also affect current debates in the District of Columbia and Rhode Island, or even in California, if the State Supreme Court there rules next week either to overturn Proposition 8, the constitutional amendment banning same-sex marriage that passed last November or to uphold the marriages performed for 18,000 same-sex couples before November.

Opponents of same-sex marriage have frequently said it threatens to penalize members of the clergy who refuse to solemnize such unions or who preach against them. Legal experts almost unanimously dismiss such alarms. Refusals to officiate or to mute a religious doctrine, they say, are solidly protected by the First Amendment.

But that is not where the real issue lies. What would be the impact of legalizing same-sex marriage on a broader range of religious institutions?

Would Catholic universities now providing housing for married couples be required to accommodate same-sex couples? Would church or synagogue facilities used for wedding receptions have to be equally available for same-sex celebrations? How would provisions forbidding discrimination on the grounds of marital status affect employment and benefits policies or adoption services like the specialized adoption services that Catholic Charities in Massachusetts suspended after the state legalized same-sex marriage and ordered the church group to place children with gay couples? [...]

Religious observance vs. campus temptations

JPost wrote:

They're young, intelligent, good-looking and single - and their libidos are at a peak. They meet others like themselves on campus, in class, in the cafeteria and during activities held by the students' unions. Sometimes the result is just flirtation, but sometimes it goes farther.

Life on the campuses of the nation's colleges and universities is not just about scholarship and book-knowledge. For some secular-minded students, free sex is a rite of passage, a phase in one's development. But for an increasing number of religious youths, the encounter with the secular world results in culture shock that can totally undermine a religious world-view still in its formative stages.

"My rabbis warned me before I went to learn in university," said one religious female student. "They told me that the lecturers and professor there teach apostasy and ideas that contradict religious faith.

"I've been at university for two years and have never been taught ideas subversive to my faith. Nevertheless, my [level of observance] has plummeted. The danger is not in the classroom; it is during the breaks, around campus, on the lawn, in the coffee shop. The atmosphere here is very secular. And it is very tempting."

This religious student's testimony is one of several quoted by Yona Goodman, a veteran religious Zionist educator, in a controversial article entitled "Culture Shock." The article, which appeared in the recent edition of Tzohar, an influential periodical written by and for religious Zionist rabbis, has aroused a flurry of interest and controversy in modern Orthodox circles.[...]

R' Tendler & Temple Mount

Lashon HaRah - saves life /Tzitz Eliezer

Tzitz Eliezer(15:13.1): Question: A doctor discovered that his patient has defective vision which can cause him to have auto accidents when driving under certain circumstances – such as under the conditions of his job or at night….The patient doesn’t want to stop driving or to change his job. Is the doctor obligated to keep this confidential or is he obligated to notify the appropriate agency (whether governmental or his employer) concerning this matter? It is likely that this information will cause his patient economic damage or his interaction with society. What if the patient asks him to keep this confidential and he promises to stop from driving under the dangerous circumstances – but the doctor is not convinced that he can be believed to stop driving? Answer: There is no question that the doctor is obligated to notify the appropriate governmental agency or employer so that they can have the patient drive within his limitation. Even if the patient requests the doctor to keep his illness a secret and promises to stop driving… As long as the doctor is not convinced that he will do so – he is obligated to notify the agencies. It is also not only obvious that if the doctor is summoned to testify concerning this that he must go and testify. [Furthermore his oath as a doctor to keep medical information secret does not apply to these cases nor does a private oath to the patient. That is because it would mean that he is taking an oath to nullify a mitzva and thus it is simply invalid. His oath as a doctor shouldn’t apply to information which if it is withheld would constitute a crime. (All this is discussed in greater detail in Tzitz Eliezer 3:81 part 2 and 3.)]. But even if he was not summoned he is still obligated to take the initiative to inform the appropriate agencies because otherwise the patient might be a danger to the lives of others. If the doctor refrains from notifying the agencies than he has transgressed the Torah command of “not standing by the blood of your fellow.” Therefore the doctor should not take into consideration that his act of informing might cause economic or social damage. That is because nothing stands in the way of saving life (pikuach nefesh). I want to add to this what I found in the Pischei Teshuva (O.C. 156): “And I want to comment on the issue that all the mussar books make a big deal about speaking lashon harah, but I want to make a big deal about the opposite. That is the greater and more common sin of refraining from speaking lashon harah when it is needed to save a person from harm …” These words express much clearer and forcefully what I have been saying. The Pischei Teshuva notes that a person’s intent should not be to harm the person he is speaking about but rather for the benefit of the person he is telling and others that he is saving from harm. Because by focusing on helping he fulfills a great inestimable mitzva. I also found a similar case in the Chelkas Yaakov (3:136) concerning a young man who the doctor found had cancer. The young man and his family didn’t know about it at all. The man was engaged to marry a young woman. His question was whether the doctor was obligated to reveal the sickness to his fiancée as well as well as the fact that he only had at most one or two years to live. It was obvious that if she found out this information she would not marry him. The Chelkas Yaakov replied that the doctor was obligated to inform the fiancée because the main halacha issue is that the doctor should not violate the mitzva of “not standing by the blood of your fellow.” He based his psak on the Rambam (Hilchos Rotzeach 1:14) and Shulchan Aruch (C.M. 426)…. So surely this is true in our case where the matter might cause actual danger to the lives of others. So there is absolutely no question that if the doctor does not reveal the information to the appropriate agencies now, he will be transgressing by this withholding - of the prohibition of “not standing by the blood of your fellow.” Therefore it is absolutely permitted for the doctor and also is clearly obligatory for him to notify the appropriate government agency or employer concerning the limitation of his patients vision.

Abuse - Molesters and jail time

David Mandel (Director of Ohel) in the September 2007 Jewish Observer

That most perpetrators do not go to jail is not a Jewish phenomenon. Former Westchester District Attorney Jeanine Pirro was noted for her aggressive pursuit of pedophiles. In six years of sting operations, 1999-2005, she succeeded in the arrests of 111 men with a 100% conviction rate. The overwhelming majority received probation with only eight perpetrators sentenced to jail (New York Times, 10.13.06).

However that New York Times article noted that Pirro's conviction rate was inflated by plea bargaining which minimizes the likelihood of going to jail. Other district attorneys had a higher rate of prison sentences

While Ms. Pirro’s press releases repeatedly pointed out that the crimes were felonies punishable by up to four years in state prison for each count, a review of the cases shows that the overwhelming majority of people received sentences that let them avoid extensive jail time.

In most nearby counties, prosecutors have had a higher rate of felony convictions in similar cases, because Ms. Pirro allowed nearly one in five defendants to plead down from felonies to misdemeanors, according to prosecutors’ statistics.

Only eight of the men prosecuted by Ms. Pirro were given outright prison sentences by judges, according to records from the district attorney’s office. The rest, 93 percent, received some form of probation. “In many cases, we asked for jail time and didn’t get it,” Ms. Pirro said.

According to Lucian Chalfen, a spokesman for the current Westchester district attorney, Janet DiFiore, who has continued the sting program, 54 people indicted in the operation under Ms. Pirro received only probation, generally of five years. Mr. Chalfen said 46 others received so-called shock probation, which called for weekends behind bars.

Two cases went to trial. Both defendants were convicted, but one conviction was overturned on appeal, and the other will be appealed on similar grounds.[...]

Other district attorneys’ offices in counties of comparable size, like Nassau, as well as in larger ones, like Manhattan and Brooklyn, that have prosecuted Internet sex crimes involving the same statute that Ms. Pirro’s office used — attempting to disseminate indecent material to a minor — seem more resistant to bargaining with defendants.

The Nassau County district attorney, Kathleen Rice, said that of the 40 individuals charged by her office since 2001 for trying to sexually entice minors over the Internet, 34 pleaded guilty to the initial felony charge and only one pleaded to a lesser count, harassment. Of the others, one was found guilty, one died and three cases are pending.

“When we have someone arrested on the top count, my general position is, absolutely no pleas,” Ms. Rice said.

Of the 49 people indicted on the felony charge of attempting to disseminate indecent material to a minor in Manhattan between July 1999 and the end of 2005, all but three were convicted on that charge, said Barbara Thompson, a spokeswoman for the Manhattan district attorney, Robert M. Morgenthau. [...]

Rav Moshe Sternbuch, Economic crisis

Published in Yated Ne'eman

No greater happiness than resolving uncertainty

NYTimes

Seventy-six years ago, Franklin Delano Roosevelt took to the inaugural dais and reminded a nation that its recent troubles “concern, thank God, only material things.” In the midst of the Depression, he urged Americans to remember that “happiness lies not in the mere possession of money” and to recognize “the falsity of material wealth as the standard of success.”

“The only thing we have to fear,” he claimed, “is fear itself.”

As it turned out, Americans had a great deal more to fear than that, and their innocent belief that money buys happiness was entirely correct. Psychologists and economists now know that although the very rich are no happier than the merely rich, for the other 99 percent of us, happiness is greatly enhanced by a few quaint assets, like shelter, sustenance and security. Those who think the material is immaterial have probably never stood in a breadline. [...]

Our national gloom is real enough, but it isn’t a matter of insufficient funds. It’s a matter of insufficient certainty. Americans have been perfectly happy with far less wealth than most of us have now, and we could quickly become those Americans again — if only we knew we had to.

Deprogramming terrorists

Haaretz

Professor Arie Kruglanski, co-director of the National Center for the Study of Terrorism and the Response to Terrorism at the University of Maryland, has interviewed Islamic fundamentalist terrorists in jails in the Philippines and Singapore, among them prisoners who had planned attacks on Israeli embassies. "It's not enough to lock them up in order to punish them," he says. "One should, and can, persuade them to rehabilitate."

Kruglanski, a cognitive social psychologist, has been working with several other researchers from the University of Maryland on a new study financed by the U.S. Department of Homeland Security. The research is aimed to help the administration cope with Muslim detainees who have adhered to the global Jihad ideology; Homeland Security has earmarked $12 million for the project.

The researchers interviewed terrorists of the Abu Sayyaf group and the Moro Liberation Front, both based in the Philippines, as well as the Southeast Asian group Jamaa Islamiya, but have not been allowed to meet the Al-Qaida and Afghani detainees held in Guantanamo - the prison the new U.S. administration is seeking to shut down.

"We are trying to understand," says Kruglanski, "what would persuade detained terrorists to desist from returning to violence." He says initial results indicate at least two primary motives that might cause what is called 'de-radicalization.' One group of motives is intellectual-cognitive and the other is emotional. "On the intellectual-cognitive level, we try to present theological arguments that they might accept. We try to convince them Islam is a religion that forbids harming innocent people. This approach is more effective when you speak with terrorist leaders who possess religious authority. However, in order to persuade them, you have to bring in senior religious personalities whose authority they will accept. You can call it a theological battle of the minds."

This method proved itself, especially in Egypt. Over the past decade, the Egyptian authorities succeeded in convincing Muslim militant groups such as Jamaa Islamiya and the Jihadists to abandon the armed struggle. Those authorities managed to do so with the help of distinguished religious leaders from the Al-Azhar University, who held long meetings with senior leaders from those two terror organizations. After the terrorist leaders were convinced - through the help of theological arguments - they published articles, books and manifests, calling upon their followers to cease terror and violence, and concentrate on political activity and religious studies only.

The second method used to rehabilitate terrorists has been appealing to their emotions. "Terrorists tire in jails," says Kruglanski, "and this opens the door to offer them an alternative. For that you need, of course, to treat their families fairly, and teach them [the reformed terrorists] a profession with which they could make a living and be absorbed into society once they are released from jail."  [...]

Lashon harah & fear of reporting abuse

Chofetz Chaim(Lashon HaRah - Introduction): What is the reason that the prohibition of lashon harah is so widely ignored - by many people? This apparently is the result of a number of reasons – that are different for the masses and the Torah scholars. The masses simply don’t know that the prohibition of lashon harah applies even if the statement is true. There are many talmidei chachomim – even those who have studied the laws thoroughly and are fully aware that it applies even for true statement – who are misled by their yetzer harah in other aspects. First, the yetzer harah immediately convinces him that the person that he is speaking lashon harah about is a phony and it is a mitzva to publicize when a person is phony or evil. Sometimes the yetzer harah tells him that the person being talked about causes disputes, and therefore it is permitted to say lashon harah about him. Sometimes it seduces him by telling him that there is a leniency since it was said before three people. Sometimes the yetzer harah says that there is a leniency if it said in the presence of the person being talked about – and since he would be willing to say it in the presence of the that person - it is permitted. The yetzer harah reveals to the talmid chachom the relevant sources that seem to support his action [see Principles 2,3 and 8). Sometimes the talmid chachom is seduced by the rationale that this matter isn’t included in the prohibition of lashon harah. For example, what many people commonly do because of our many sins - that they publicize that someone isn’t really a sage. [This is discussed in Principle 5]. In sum, the yetzer harah works in one of two ways. Either it seduces by saying that what is being said is not really lashon harah or that the Torah did not prohibit speaking lashon harah about this particular person. And if the yetzer harah sees that it can’t win by minimizing the prohibition - then it goes in the opposite direction. It convinces the person to take a very strict approach and thus all speech is prohibited as lashon harah. Therefore the person concludes that it is simply impossible to participate in society while observing the prohibition of lashon harah . This is like the advice of the cunning Serpent (Bereishis 3:1); You should eat the fruit of the tree – even though G‑d said that it is forbidden.

Abuse by school officials

CBS News

A new federal study, released exclusively to CBS News, reveals hundreds of cases of abuse of students at the hands of school officials -- and even deaths

The report, done by the Government Accountability Office, finds incidents of abuse of restraints and seclusion, among other forms of mistreatment, in public and private schools alike, all across the country, says CBS News correspondent Nancy Cordes.

A congressional panel has scheduled a hearing about the findings for Tuesday, and child advocates are calling for better laws to protect students. [...] The GAO probe finds hundreds of cases of alleged abuse and death in schools over the past 20 years, Cordes says -- everything from carpet burns from being dragged to a seclusion room, to bruises from being pinned to the ground. Many of the victims were, like Cedric, children with disabilities.

"Seclusion and restraint should only be used in an emergency situation," says Deborah Ziegler of the Council for Exceptional Children.

And the tactics are used more often than parents might think, Cordes points out. In the 2007-2008 school year alone, the Texas public school system reported 18,741 cases of children being restrained.

Laws vary from state-to-state, Cordes, says, and about half the states have no laws at all. [...]

Internet trained converts

JPost

Rabbinic Conversion Court judges are more likely to reject prospective converts who were partially trained via the Internet, a senior source in the Conversion Authority said Sunday.

According to the source, about 70% of prospective converts who are interviewed by the conversion court are accepted. However, among prospective converts who were trained in part via the Internet, only about half are accepted, said the source.

An interview by a panel of three rabbinical judges is the final stage of the conversion process before the convert is circumcised, immersed in a ritual bath and accepted as a full member of the Jewish people.

In preparation for their meeting with the judges, prospective converts must gain extensive theoretical and practical knowledge about Orthodox Judaism through book learning and participation.

Use of the Internet has been found to be beneficial for some prospective converts, said Prof. Binyamin Ish-Shalom, chairman of the Joint Institute for Jewish Studies, the largest institute for the training of converts.

"We use it primarily with university students who have good learning skills and can make better headway studying independently," said Ish-Shalom.

"Young, bright people do not need to spend as much time in the classroom. So there is no reason for them to be physically present throughout all of the learning process," added Ish-Shalom, who said the Internet was not a substitute for in-person meetings with educators but was used as a supplement.

"Internet is a tool that helps us logistically and educationally," said Ish-Shalom.

However, rabbinical judges strongly oppose the use of Internet training for converts.

"Conversion is not just about collecting a bunch of information," said a conversion court source. "It is about forming significant relationships with rabbis, educators, religious families and members of Orthodox communities. [...]

Sin of not saying lashon harah /Rav Yosef, shlita

Rav Ovadiah Yosef(Yechava Daas 4:60): Question: A person trying to get a driver’s license has a medical condition that makes his driving dangerous. But the condition is not revealed by the normal medical tests. Is it permitted for the doctor himself or someone who definitely knows about his illness - to notify the licensing bureau to prevent him from getting a license? Is it permitted to reveal this information so that he won’t cause accidents and tragedies with his driving or perhaps the doctor is prevented because of the prohibition of rechilus and lashon harah? Answer: There is a Torah prohibition of not speaking lashon harah (bad things even though they are true)…. However it seems that the prohibition is only when the intent in saying it is to besmirch the person and to degrade him. However if he does it because of a specific benefit or to prevent damage it is permitted. Proof for this is found in the Rambam (Hilchos Rotzeach 1:14): Whoever has the ability to save someone and yet doesn’t - transgresses Vayikra (19:16): Do not stand idly by the blood of your fellow man. … Or he heard that non‑Jews or informers were plotting to cause someone harm and yet didn’t warn the intended victim. Or he knows that a non‑Jew or influential person is upset with a fellow Jew and he has the ability to placate them and to eliminate their complaints and doesn’t placate them. And all similar situations which a person doesn’t save his fellowman when he had the ability to do so – has transgressed the prohibition of “don’t stand idly by the blood of your fellow man.” This is also the view of the Tur and Shulchan Aruch (C.M. 426:1). Therefore in our case where he has a hidden medical condition such as epilepsy and he conceals this from the license bureau in order to obtain a license and it is possible that he will suffer an attack while he is driving and this might cause a dangerous accident – G‑d forbid! – it is certain that the person who knows about this condition has an obligation and mitzva to notify the license bureau about this illness to prevent damage and danger to society. Even though the doctor has an obligation of confidentiality, but in these circumstances it is a mitzva for him to notify the license bureau. There is not the slightest concern that this is prohibited. In fact this is the way to understand the verse regarding lashon harah. “Do not speak lashon harah but don’t stand idly by concerning the blood of your fellow.” Even though there is a prohibition of lashon harah, nevertheless the second clause of the verse tells you that it is conditional on this not causing harm. Therefore you are obligated to inform others regarding certain matters in order to them to guard against loss and danger. This is expressed in Nidah (61a) that even though it is prohibited to listen to lashon harah but you should protect yourself from the potential danger you hear about. The Rambam (Mitzva 297) says that protecting another’s money is also included in “don’t stand idly by concerning the blood of your fellow.” … Therefore even if there is only a financial loss, one should inform your fellow man in order that he can protect himself from those who want to harm him. And surely when there is a possible danger to an individual or a group. [See Rashba (Shabbos 44a)]. We find a similar view expressed by the Pischei Teshuva (O.C. 156): “The Magen Avraham and all the mussar book go into great detail about how serious the sin of lashon harah. However I want to describe the opposite issue. There is a greater sin than lashon harah and it is more common. It is refrain from revealing information from others in situations that they need to know to protect their property or themselves from harm – all because of the concern not to say lashon harah… These matters are given over to the heart. If the motivation of the speaker of lashon harah is to cause another harm – then that is prohibited. But if his intent is for the good to warn another person and save him – then it is a great mitzva and he will receive beracha for telling it.” We find this view also expressed by the Chofetz Chaim (Hilchos Issurei Rechilus #9):”If you know about a business deal that will definitely cause someone a loss – you have an obligation to inform that person. Similarly if you know about a person with a serious disease who is interested in getting engaged to a particular woman – it is important to reveal this information to her parents. Of course it is important not to say more than what he actually knows and that his motivation is purely for the benefit of those concerned so that they will not be harmed. He should not have the intent to besmirch another because of jealously or hatred he has in his heart.”… Therefore in our case regarding the man with an undetectable medical condtion trying to get a driver’s license such as epilepsy – there is an obligation to notify the license bureau concerning what he knows in order to prevent damage to life and property. [See previous posts]

Obama gambles our future

Newsweek

[...] The Obama budgets flirt with deferred distress, though we can't know what form it might take or when it might occur. Present gain comes with the risk of future pain. As the present economic crisis shows, imprudent policies ultimately backfire, even if the reversal's timing and nature are unpredictable.

The wonder is that these issues have been so ignored. Imagine hypothetically that a President McCain had submitted a budget plan identical to Obama's. There would almost certainly have been a loud outcry: "McCain's Mortgaging Our Future." Obama should be held to no less exacting a standard.