Brain death: Sacrificing the individual for the sake of others

I was discussing the principle this morning with a talmid chachom  - that an innocent person is not sacrificed for the good of others. This is a major principle in halacha which is obviously relevant to the issue of child abuse.

Rema(Y.D. 157:1): ... If a non-Jew tells Jews that one Jew should be handed over to them to be killed, the Jews should not give one over unless they specify who they want (Mishna Terumos Chapter 8 and Rambam Hilchos Yesodei HaTorah Chapter 5). Others say that even if they specify a particular Jews he is not to be given over except if he is liable to the death penalty such as Shiva ben Bichri (Beis Yosef citing Rashi and the Ran). Similarly in the case of a group of women. If non-Jews say to give over one woman to be raped, they should all be raped rather than give over a single Jewish soul (Rambam).

The talmid chachom I was discussing this asked the following. He said that major poskim had said that brain death is actually death. Therefore doing a heart transplant by removing the heart of a brain dead person was permitted according to these poskim. However he had heard that even though these poskim held this way - they would not give a general heter to allow heart transplants with brain dead indiviuals because they didn't trust non-Jewish or non-religious doctors to decide whether a person was in fact brain dead. His question was, "So isn't this in effect sacrificing the individual who needs a heart transplant for the sake of maintaining the religious standards of the community - i.e., the welfare of others?" A possible answer is that we are not simply sacrificing a possible recipient by denying him a heart transplant but rather we are not sacrificing the donor - whom we have a sofek about whether they are dead for the sake of the possible recipient - even if the possible recipient will definitely die if he doesn't have a transplant.

Abuse:Rabbis fail to report pedophile

YNET

A Jerusalem resident Gil Dvash, 45, was arrested Wednesday on suspicion of sexually harassing and sodomizing 10 minors over the past few years, after offering them money at a local synagogue.
 
The Jerusalem Magistrate's Court on Thursday extended the suspect's remand, with Judge Fineberg ruling that "there is reasonable ground to believe that he committed the acts ascribed to him."
 
According to the suspicions, the man arrived at a synagogue in the Bait Vagan neighborhood, where the minors were praying, offered them money and carried out his scheme. [...]

Gerim: Shavei Yisroel teaches Chinese

Forward

A year ago they were living by the bank of China’s Yellow River. Now, the seven yarmulke-and-tzitzit-clad young men, sitting in central Jerusalem and chatting about their lives, are Israel’s keenest yeshiva students.

It is the end of July, the day after the Fast of Av, when every yeshiva halts for summer break — but this group won’t stop.

They come from a community that has fascinated Jews for centuries — China’s Kaifeng Jewish community. Jews are said to have settled in China in the eighth or ninth century. It is believed that at one point, there were as many as 5,000 Jews in Kaifeng; however the community disintegrated in the mid-19th century, with the death of its last rabbi, and those members that hadn’t done so already intermarried and dropped most aspects of religious observance. [...]

Gerim: Shavei Yisroel sends rabbi to Bnei Anousim

YNET

Beginning this week, Rabbi Elisha Salas will be Shavei Israel’s new emissary to the Bnei Anousim, or crypto-Jews of North Portugal

Rabbi Salas, 53, was born in Chile and made aliyah to Israel in 1999. Salas now lives in Jerusalem and is married with four children. After graduating from Santiago University in Chile with two degrees in accounting and religious studies, Salas spent five years at the Beit Midrash Sepharadi in the Old City of Jerusalem. In addition to being an ordained rabbi, Salas is certified to practice as a "shochet" (kosher slaughterer).[...]

Deporting Children of Foreign workers II/Arab countries

YNET

The status of migrant workers and their children is a problematic issue not only in Israel, but in neighboring Arab countries as well.

In at least eight Arab countries, particularly in the Persian Gulf but in Syria too, when a citizen weds a foreign man, their children are not considered citizens and do not have the right to own property. In some of these countries, these children cannot even inherit their mothers' estate, in accordance with a law that forbids foreigners from owning property or real estate.[...]

Geurus - Rabbi Manny Vinas: Assisted in obtaining a Torah

Jewish Weekly

gerus wrote:

These people are not Jewish according to any definition, so how can Rabbi Vinas from Yonkers give them a sefer Torah?

http://www.jweekly.com/article/full/58867/black-proud-and-jewish-synagogue-founded-50-years-ago-takes-a-step-forward-/

Temple Beth’El is a predominantly black synagogue formed more than 50 years ago by the daughter of a Baptist preacher at a time when many blacks were rejecting Christianity as a slave religion. The same motivation led many blacks to move toward Islam.

The founder of Temple Beth’El, Louise Dailey, studied with a rabbi, but was not ordained by a recognized branch of Judaism. The synagogue has a kosher kitchen and a mikvah, but Dailey also adopted some traditions that are alien to the ancient faith. Congregants called her “Mother Dailey,” and she ordained Bowen, her daughter, before she died.

The Torah ceremony last year was a mix of Hebrew readings and shouts of “Hallelujah!” — a worship style typical of black churches. The booming music came from what Christians would call a “praise band” — with electric guitars, drums and a keyboard.

The Torah was acquired by Rabbi Emmanuel “Manny” Vinas, who leads a Spanish-Jewish synagogue in Yonkers, N.Y. Vinas noted that many suppliers had been reluctant to sell a Torah to Temple Beth’El because of its history, and he expected strictly traditional Jews would criticize him for brokering the purchase.

“I saw the service that was held for the Torah,” Vinas said. “You see those people crying and so deeply moved ... That’s a congregation that’s going to honor and uphold the Torah.”

Deporting Children of Foreign workers/USA & Israel

I received the following. It is important to note that this issue is a major one, not only in Israel but America where a child born in the USA is a citizen and the wisdom of that law is now being questioned.
=====================
Bartley Kulp wrote:

Rabbi Eidensohn, I was wondering whether or not you would be interested in opening a discussion the decision and debate on deporting children of foreign workers.

I know that some people may be reticent on discussing these issue saying that it is not an issue for the involving the frum community. My claim would be that since there are both dati leumi  [and chareidi] politicians and rabbis who are involved with the debate and the formulation of policy, I would say that it is a legitimate discussion and an important one in light of the recent headlines.

I have not provided a link to any specific article because I know that most of us have probably read various articles and perspectives on this already. If you could provide us with a few thoughts on this issue or if anybody else may have comments I would appreciate it.

Elon scandal: Police say they have evidence for trial

YNET

The police announced on Sunday that there is enough evidence against Rabbi Mordechai (Motty) Elon, who is suspected of committing indecent acts by force against two minors, to put him on trial.
 The investigation material was handed over to the Jerusalem District Prosecution, which is slated to hold a hearing prior to submitting an indictment against Elon.[...]

Abuse book Cover 3

This was created by a reader. It is obviously a very stunning and powerful statement.

The issue right now seems to be whether to make an emotional appeal or to present a reasoned and calm legal statement

It seems the majority feel that I need to have a simple and dignified bland cover rather than something that grabs the eye and heart. I am  open to opinion. Obviously this is not simply a matter of taste but what will reinforce the message or cause it to be dismissed.

Waking up to the Shari’a threat?

Jerusalem Post

Former Speaker of the House Newt Gingrich sought to reframe the American foreign policy debate last week. The central issue, Gingrich told the American Enterprise Institute, is whether policymakers recognize the existence of a civilizational struggle between the West and those who seek to expand the domain of Shari'a, or Islamic law, across the globe. He located the beginning of the struggle as the takeover of the American embassy in Teheran by radical students, including Mahmoud Ahmadinejad.

Gingrich pointedly refrained from painting the issue as one of terrorism. Terrorism and military conquest, jihad, is only one of the tools of political or radical Islam. Dawa, or proselytization, is jihad by other means. A fifteen-page 1991 document produced by the Muslim Brotherhood of North America, and subsequently revealed by the FBI, proclaims, for instance, its goal of "eliminating and destroying the Western civilization from within." The document includes a list of "our organizations and the organizations of our friends," including some of the best known Muslim "defense" organizations in the United States.[...]

See the following link which gives an example of the above.

Advocates of Anti-Shariah Measures Alarmed by Judge's Ruling

Abuse: Disagreement about facts or Police say there is no case

There are three types of cases that are important. 1) There are suspicions that abuse took place or there are suspicions that someone is an abuser. What is missing is evidence but the evidence can be obtained by competent investigation. 2) the facts are well known or the evidence is solid that abuse took place and the identity of the abuser is known. The problem is what to do with this according to the halacha and secular law. These two cases are dealt with at length in my book. However there is a 3) third type of case which is much more problematic. That is where the evidence is not known - either regarding whether abuse happened or whether the suspect in fact abused the child. Or alternatively there  is conflicting evidence. This happens in divorce cases where where the wife accuses her husband of abusing the kids. She might even claim that she witnessed it. The husband denies it. In addition there are cases of abuse where the police investigate and say that they don't have sufficient evidence and therefore close the case.

In both these cases claims have not in fact been disproven - but they haven't been proven either. Many times the beis din, police or the secular court system will simply say there is nothing that they can do because of lack of evidence and they close the case.

The suspect has not in fact been declared innocent. What should be done with the suspect?

According to the judicial model (both Jewish and secular)- since there is no case it is equivalent to saying he is innocent. In fact if there aren't two kosher witnesses - the charges are not allowed to be made public. However according to the defense against harm model - the suspected abuser can not be trusted and restrictions or supervisions are necessary.

If he is a teacher or someone who deals with children - he can not be allowed unrestricted access to the children and there are solid grounds for dismissal simply because of the charges. If he is a parent then there needs to be careful monitoring of the children. These are difficult cases to deal with - especially since both sides usually have proponents who feel very strongly that they have the truth.