Death penalty for sexual crimes - based on chazaka (presumption)

Contrary to common belief - halacha prescribes punishment - even capital punishment based on circumstantial evidence and presumption (chazaka). Even strong rumors are enough to give punishment

Kiddushin (80a): This was taught only in respect of Sanctities of the border, but not in respect of genealogy. But R. Johanan maintained: Even in respect of genealogy. Now, R. Johanan is in accord with his view [elsewhere]. For R. Hiyya b. Abba said in R. Johanan's name: We flagellate on the strength of presumption, we stone and burn on the strength of presumption, but we do not burn terumah on the strength of presumption. We flagellate on the strength of presumption, as Rab Judah. For Rab Judah said: If a woman was presumed a niddah by her neighbours, her husband is flagellated on her account as a niddah. We stone and burn on the strength of presumption, as Rabbah son of R. Huna. For Rabbah son of R. Huna said: If a man, woman, boy and girl lived in a house [together], they are stoned and burnt on each other's account.6 R. Simeon b. Pazzi said in R. Joshua b. Levi's name on Bar Kappara's authority: It once happened that a woman came to Jerusalem carrying an infant on her back; she brought him up and he had intercourse with her, whereupon they were brought before Beth din and stoned. Not because he was definitely her son, but because he clung to her.

שולחן ערוך (אבן העזר יט:א): מי שהוחזק בשאר בשר, דנין על פי חזקה זו אף על פי שאין שם ראיה ברורה שזה קרוב, ומלקין וחונקין וסוקלין על חזקה זו.

 Aruch HaShulchan (C.M. 2:1): Even though the Jewish court does not judge cases involving capital punishment or flogging or fines outside of Israel – but if the beis din sees that the times require it - because there is a breakdown in law and order – then it is permitted. Everything depends on the judgment of how serious the problem is. Not only can the court judge these cases when there is community lawlessness but even when a single individual sins it is permitted to punish him if they think it is necessary - as long as they do it for pure motivation. This ability to judge these cases in emergency situations is even when there are not valid witnesses but only a reasonable basis that it is true and constant rumors are heard when there are no enemies who would create them

(Rambam (Hilchos Sanhedrin 24:5): A beis din – in all places and for all times  - has the power to flog a person about whom there are rumors of bad behavior and the people and complaining that he has transgressed prohibited sexual relations. This is only when the rumors are unceasing as we have explained and also that he doesn’t have any known enemies who would slander him. ….  

Yam shel Shlomo (Yevamos 10:20):… Similarly the beis din has the right to flog a person who has a bad reputation and there are constant rumors that he is involved in improper sexual relations. However this is only when he doesn’t have enemies that would spread lies about him

Kiddushin (81a): Rav said that we flog a person because of an evil rumor about him

Meiri(Kiddushin 81a): All those who act with inappropriate frivolity until people are constantly complaining about him that he is a sinner is to be flogged based on his activity which leads people to give him a bad reputation – even though no one has given formal testimony that he has sinned… Whoever acts in a way that causes rumors that he is a sinner has violated a negative commandment from Tradition.

 

Metzitza: Injunction against parental consent denied

Wall Street Journal  A judge has ruled that New York City health officials can move forward with a new regulation requiring written parental consent for a form of circumcision that involves oral suction.

In October, a group of ultra-Orthodox rabbis sued the city in an attempt to block officials from enforcing the new regulation. They claimed the city exaggerated the danger and infringed on their religious freedom.

Police report: BBC legend Savile - a prolific pedophile

NYTimes   British police and the country’s leading children’s charity were preparing on Friday to publish comprehensive details of the sexual abuse scandal involving former television host Jimmy Savile that has convulsed the nation’s public broadcaster, drawn in a mounting tally of suspects and raised questions about the protection of children from predators. [...]

The Guardian newspaper said on Friday that the report to be published by Scotland Yard and the National Society for the Prevention of Cruelty to Children would accuse Mr. Savile of abusing children as young as 10. The institutions where abuse took place included a hospice for the dying, several hospitals and prisons and BBC premises, British news reports said. [...]

A report commissioned by the BBC concluded last month that lax leadership hampered by “rigid management chains” left the corporation “completely incapable” of dealing with the crisis.

R Amnon Yitzchok projected to win 4 seats

Times of Israel   The right-wing bloc will hold a 22-seat advantage in the Knesset over the center-left after the upcoming elections, Israel Radio projected in a poll published on Thursday. The most surprising aspect of the survey was its projection that the Koah Lehashpia (Ability to Influence) party, headed by evangelical telerabbi Amnon Yitzhak, would win four seats.

Yitzhak, who founded and leads an organization that advocates spiritual revival among secular Israelis, remarked in an interview this month on Channel 10 that the Holocaust was a punishment for Jewish sins, and in November that Superstorm Sandy, which struck the United States, was a message to Israel to cease its dependence on its biggest ally.

Boro Park reacts to "chassidic" actors on 13th Ave

Fascinating to see the consternation when they realized they couldn't differentiate goyim dressed as chassidim and the real thing.

Weberman juror:Facts caused conviction not religion

NY Daily News    "It wasn't religion, it wasn't their background, it wasn't revenge," said the 42-year-old man, who asked not to be identified. "It was a young girl and an old man alone in a room."

Weberman’s lawyer George Farkas had claimed after the conviction that Hasidic Jews do not have “the same shot with a jury as anyone else."

But the juror said he had no preconceptions about Weberman's community, adding the panel didn't view him as "a monster."

"We realized we couldn't make a flippant decision and ruin a man's life," the juror recalled. "It was, 'Oh boy, we have a serious job.'"

The juror said the panel accepted the victim's "emotional" testimony, which stretched over four days, but didn't want to rely solely on her words.

“Something else” came in the form of social worker Sara Fried, who testified she diagnosed the girl with post traumatic stress disorder over the years of molestation.

"That's what clinched it," the juror said during an hour-long interview at a Brooklyn diner last week. "We took the vote and everyone was unanimous."

He also noted there were multiple locks in Weberman's home, that he admitted to driving the girl upstate alone and that he housed other runaway teens.  [...]

R Amnon Yitzchok defends himself / attacks opponents

זוועה! דברים מבהילים מהרב אמנון יצחק מנתיבות
RaP wrote:

12 minutes in Hebrew, where it seems perhaps planted interviewers-questioners ask him soft-ball questions in his favor about the elections, why he split from Shas and about Rav Ovadya Yosef and then AY launches into his diatribes and self-justifies himself:

State: Draft of charedim too expensive for IDF

YNET  In brief filed with High Court over petitions demanding the immediate draft of yeshiva boys State argues that expanding current draft 'is not feasible'; will strain IDF's resources and may impede primary missions

In the brief, obtained by Ynet, the State said that the complex preparations required from the IDF ahead of the draft strains the military's current resources and that a larger draft "is not feasible and will hurt the military."

The State argues that a universal draft will force the IDF to invest considerable funds in infrastructure which most likely will be rendered useless within a short while.

The brief explained that Tal Law stated a draft goal of 2,400 haredim by 2015; but the military now has to induct 19,500 ultra-Orthodox recruits in the same time period. [...]

Absorbing such numbers into the military required the IDF to build more dedicated bases, so to accommodate the haredi soldiers' demand for the separation of men and women, as well as create new men-only battalions, for the same reason.

Another challenge, according to the State, is the IDF's own ability to screen haredi candidates – a process which also mandates the formation of all-male teams in every level of the induction bases: interviewers, doctors, placement coordinators and so on.

Liability for making Defamatory comments on Internet

Time Magazine   Jane Perez, a retired captain in the military from Fairfax County, VA, was not happy with her home contractor, so she wrote reviews on Yelp and Angie’s List explaining why. She said he had done a poor job on her renovations and billed her for work he did not perform — and that he may have stolen her jewelry. She warned readers: “Bottom line: do not put yourself through this nightmare of a contractor.”

The contractor, Christopher Dietz, filed a $750,000 defamation suit and got a judge to order Perez to rewrite the reviews. The Virginia Supreme Court recently reversed that decision, saying that reviews should not be censored — and that if they were defamatory, Dietz should focus on getting money damages.

The ruling is being hailed as an important victory for freedom of speech on the Internet, which it is. But it is also a reminder of the risks that come with being an online critic. Sites like Yelp! and Amazon give ordinary people the power to write reviews that have a major impact on other people’s reputations and livelihoods. But it also means that they can be held legally responsible if what they write is defamatory. [...]

Under federal law — 47 U.S.C. § 230, to be specific — websites like Yelp and Angie’s List are shielded from being sued for defamation, but the writers — people like Perez — are legally responsible for what they write and lawsuits can be filed against them. That may not be what a lot of people are thinking when they go on Angie’s List or Amazon to air grievances. In fact, Perez told the Washington Post that when she posted her reviews it never occurred to her that she might end up in court or on the hook for thousands of dollars in legal fees — not to mention the monetary damages. Dietz is suing for $750,000, and awards can go far higher than that. In 2006, a jury awarded a Florida woman $11.3 million in damages against a woman who made defamatory comments on an Internet message board.

R Amnon Yitzchok: Love Rav Yosef but vote for me

Rabbi Akiva: Talmid Chachom should not be a politician

With the Israeli elections coming up soon, Avraham has pointed out an interesting gemora. The following sources clearly indicate that a talmid chachom should not be the political leader - whether it is mayor or president - but rather should be an advisor or clarifier of the appropriate Torah values or approach. This was also the arrangment in Europe where typically the community was run by the tovei haIr who were generally the respected or influential activists and the rav was consulted regarding Torah issues and principles but was not involved in the day to day issues.

Pesachim (112a) : Our Rabbis taught: Seven things did R. Akiba charge his son R. Joshua: My son, do not sit and study at the highest point of the town; do not dwell in a town whose leaders are scholars... Rashi explains because a talmid chachom is preoccupied with his studies and therefore does not attend to practical matters.

Igros Moshe (Volume 8 Introduction page 27): Active involvement of gedolei Torah in politics - also in Israel - aroused [Rav Moshe Feinstein’s] opposition. He used to say that greatness in Torah is not combined with expertise in politics.

Berachos (3b) R. Aha b. Bizana in the name of R. Simeon the Pious: A harp was hanging above David's bed. As soon as midnight arrived, a North wind came and blew upon it and it played of itself. He arose immediately and studied the Torah till the break of dawn. After the break of dawn the wise men of Israel came in to see him and said to him: Our lord, the King, Israel your people require sustenance! He said to them: Let them go out and make a living one from the other.19 They said to him: A handful cannot satisfy a lion, nor can a pit be filled up with its own clods.20 He said to them: Then go out in troops and attack [the enemy for plunder]. They at once took counsel with Ahithofel and consulted the Sanhedrin and questioned the Urim and Tummim.21

Yad Ephraim (14:7):  Regarding the position of mayor

ז. משרת ראש העיר

חכמי ישראל בנסיונם הרב בניהול תפקידים צבוריים, לימדו אותנו לא לבחור לתפקיד צבורי אחראי ובמיוחד לראש העיר (ש"כל מילי דמתא עליהו רמיא") אדם, שהוא בעל מקצוע בשטח אחר, כגון: תלמיד - חכם, מלומד, רופא וכו', כיון שהאישים הללו מטבעם קשורים הם, אם להספר, ואם למקצועו הרפואי וכו'. ממילא יסבלו עניני העיר והציבור, על כן אמרו: אל תדור בעיר שראשיה ת"ח (פסחים קי"ב א') וכן שם (קי"ג א'): אל תדור בעיר דריש מתא אסיא (רופא). כי קשה להאמין שאנשים מלומדים הללו, יפסיקו מהיום עבודותיהם במקצועות העבר וירכזו מעתה כל כוחותיהם וכשרונותיהם רק בניהול עניני העיר והצבור.

לפי פי' התוס' (ב"ב ק"י א' ד"ה ולא), היא גם כעין אזהרה לת"ח שלא לקבל עליו תפקיד צבורי אחראי כמשרת ראש העיר וכדומה, כיון שעל ידי זה יתבטל מתורתו. מכאן, שחכמינו הקדמונים לא ראו "ברכות בהרבה מלאכות" ולא חבבו חצי מלאכה ורבוי תפקידים. מאידך - אם קרה ותלמיד חכם קבל עליו תפקיד צבורי, אין לו בתקופה זו, לעסוק באופן קבוע, אף לא בתורה, אלא להתמסר כולו לתפקיד הצבורי שהוטל עליו. כך מספרים חז"ל: אמר ריב"ל ששים הלכות למדני ר"י בן פדייה בחרישת הקבר וכולם נשתכחו ממני בשעה שהייתי עוסק בצרכי צבור (מ"ר וארא ו' ז') ובתנחומא שם: מכאן, שהעוסק בצ"צ משכח תלמודו.

כנראה, משום מתן פיצוי ועדוד לעוסקים בצ"צ, על שעליהם להזניח את תורתם אמרו בירושלמי (ברכות פ"ה ה"א): העוסק בצ"צ כעוסק בתורה (מובא גם בתוס' ל"א א'). יוצא דעת חכמינו שאם מישהו משמש בתפקיד ראש העיר, נשיא המועצה, ראש הקהילה וכדומה שבידו הופקדו עניני העיר והצבור, אין עליו לעסוק בשום דבר אחר, זולת שקידה על מלוי תפקידו לטובת עניני העיר והאוכלוסיה.

יתכן שמשום זה, מוצאים אנו שבחלקם הגדול שמשו כפרנסים ומנהיגי צבור לאו דוקא תלמידי חכמים. לדוגמא בקדושין (ע"ו ב'): הילכך, רב ביבי דגברא רבה הוא ליעיין במילי דשמיא (עניני צדקה בבית הכנסת) ומר (דלא הצטיין כגברא רבה בתורה, ראה שם) ליעיין במילי דמתא (בצרכי צבור, רש"י) ובפיהמ"ש להרמב"ם (בכורות פ"ד) דבבחירת ראש הגולה "אין אנו חוששים לתורתו", וראה תשו' הרא"ם לרבנו אליהו מזרחי (סי' נ"ג) דטובי העיר שעוסקים בצ"צ אין הם חכמי העיר, וראה שם אריכות גדולה בכל עניני קהילה וצבור וכן ברדב"ז (הל' מתנות עניים פ"י ה"ח) שנוהגים למנות גבאים אף על פי שאינם חכמים. קהילות ישראל בבחירתם של פרנסים, ראשי ועסקני צבור, זכרו כנראה בכלל הנ"ל של חז"ל "אל תדור בעיר שראשיה תלמידי חכמים".