At what age is a child obligated in mitzvos or Can you sell your Chametz to a child?

Five Towns JewishTimes  by Rabbi Yair Hoffman

The Sefer HaChinuch explains that these seven laws are, in fact, categories of laws. These categories are the injunctions against murder, stealing, worshiping false gods, engaging in forbidden liaisons, eating the flesh of a live animal, and cursing Hashem, as well as the responsibility of setting up a system of justice whereby these laws are enforced.

Why then don’t they have bar mitzvah and bas mitzvah ceremonies?

Not a bad question, in fact. Jewish boys and girls have bar and bas mitzvahs when they reach the age at which they are obligated in observing the 613 mitzvos. What about their non-Jewish contemporaries, Chris and Kathy, for example? Perhaps the most pressing question is, when exactly is a gentile obligated in his or her mitzvos? And, more to our point, can the rabbi theoretically sell the community chametz to a mature eleven-year-old gentile?

It seems that there are three opinions among the Acharonim as to when our theoretical gentile would celebrate this milestone. The Chelkas Yoav (Vol. 1, s.v. “Aval”) indicates that the designated age would be the same as the age at which a Jewish child becomes a bar mitzvah. Thus, according to the Chelkas Yoav, “Chris” would celebrate his bar mitzvah at thirteen, while “Kathy” would celebrate hers at twelve. [...]

This brings us, however, to another question. Where did the age of thirteen come from in the first place? Also, is this figure a d’Oraisah (Biblical) ruling or is it a rabbinic ruling? If it is rabbinic in nature, then would it also apply to gentiles? (Gentiles, we recall, generally do not have to follow rabbinic laws.) [...]

Searching for the Historical Pharoah: Is it Obligatory?

5 Towns JewishTimes  By Rabbi Yair Hoffman

The Gemorah in Psachim (116b) informs us that, in each generation, we are obligated to view ourselves as if we actually left Mitzrayim. Indeed, in Michtav MeEliyahu, Rav Dessler writes that since time does not progress linearly, but rather travels in a carousel like circle, the 15^th of Nissan of the year 2448 is actually the very same 15^th of Nissan of our own year now.

This is one of our obligations on the night of Pesach. This being the case, that halachically we must view ourselves as actually leaving Mitzrayim, in our mind’s eye we should envision and picture the escape.

Let’s give it a try. Before us, standing at the water’s edge about to enter it, stands Nachshon Ben Aminadav. Behind us, on a chariot, Pharoah is leading his hordes of well-trained soldiers. They are rapidly catching up. Yes, it is Pharoah – the short, obnoxious leader of the Egyptians that dared to present himself as a god.

But who exactly was he? What was his name? What do we know about him? [...]

The halacha of envisioning us being there is not just theoretical. It involves physical action as well. The Rambam writes (Hilchos Chometz UhMatzah 7:6) based upon the verse in Dvarim 5, “And you shall remember that you were a slave in Mitzrayim” as follows: “In other words, as if you yourself were a slave and you left to freedom and you were redeemed.” The juxtaposition of this Rambam with the next halacha gives us remarkable insight. The Rambam writes, “Therefore when a person eats and drinks on this night he must lean in the manner of free men.” In other words, it seems that the obligation of leaning is a manifestation of this biblical obligation of imagining and visioning that it was actually us. So this Pesach let us go through the extra effort of picturing it with even more detail. A short, ugly Pharoah named Adikam Ahuz chasing us in a chariot.

Special Education Provider Stole Millions, State Audit Says

NY Times   One of New York City’s largest providers of special education services to preschoolers with disabilities illegally diverted millions in taxpayer financing to a girls’ religious school, summer camps and a kosher supermarket owned by the group’s officers and board members, state auditors said on Monday. 

The auditors were unable to confirm that any of the hundreds of children who were supposed to get one-on-one instruction from the agency, Island Child Development Center, ever actually did, said the office of the state comptroller, Thomas P. DiNapoli. 

After subpoenaing more than 13,000 checks from the agency’s bank, auditors said they gave up counting after the first 1,549 checks they reviewed turned up $5.8 million in what they said was fraudulent spending over a six-year period when Island Child billed the state and the city more than $27 million.[...]

As of last April, Island Child was billing taxpayers for providing one-on-one teachers to nearly 200 disabled children ages 3 to 5, records show. 

Yet Island Child, in Far Rockaway, Queens, paid nearly $2 million to Bnos Bais Yaakov, a nearby school for Orthodox Jewish girls, of which the auditors said Rabbi Samuel Hiller, the assistant executive director of Island Child, is both dean and an owner. Another $877,000 went to various Jewish summer camps, two of them tied to Mr. Hiller, and more than $330,000 in nonpayroll checks went to Mr. Hiller himself, the auditors said.[...]

Auditors said Island Child also bought $344,000 in food, including $73,000 from Super Sol, a kosher supermarket whose founder, Laurence Garber, led Island Child’s board. The special education prekindergarten program prohibits purchases of food. 

Auditors cited what they said were many other improper or fraudulent expenses, including $200,000 in construction, $12,000 to two jewelers, $235,000 to credit-card companies, $44,000 to “cash,” and nearly $200,000 to five fictitious workers.

Woman - abused as child - more likely to have autistic children

Time   The results are the first to suggest a trans-generational contributor to the developmental disorder.

The study, published in the  journal JAMA Psychiatry, is the first to examine the potential legacy that a mother’s experience with childhood abuse could have on the health of her own children. The findings are especially sobering given the latest statistics released from the Centers for Disease Control, which found a significantly higher rate of autism spectrum disorders (ASD) — one in 50 compared to one in 88 from a report released in 2012 — among school-aged children than previously thought.

The authors of the JAMA Psychiatry paper studied more than 50,000 women enrolled in the Nurse’s Health Study II, who were asked about any history of abuse before they were 12. The questions delved into both physical and emotional abuse, as the women evaluated whether they had been hit hard enough to leave bruises, as well as whether adults or caregivers had insulted, screamed or yelled at them. They also filled out questionnaires about whether their own children were diagnosed with autism spectrum disorders. The scientists also had access to the nurses’ health records, so they could adjust for other maternal health factors known to influence autism risk, including nine pregnancy-related conditions such as preeclampsia, gestational diabetes, alcohol consumption and smoking.

Women who reported physical, emotional, or sexual abuse when they were young were more likely to have a child with autism compared to women who were not abused. The more severely the women were abused, the higher their chances of having a child with autism; compared to women who weren’t abused, those who endured the most serious mistreatment were 60% as likely to have an autistic child.[...]

How? The researchers believe that some of the lifestyle circumstances associated with abuse, such as poor nutrition, could be responsible for some of the association. It’s also possible that abuse causes biological changes in a woman’s immune system, including disruption of the stress response, that could lead to harmful effects on a developing fetus. Studies have shown that autistic children showed abnormal stress responses, and it’s possible that a mother’s altered stress reaction could be passed on to her child. “Maternal inflammation affects the developing brain, and maternal inflammation and immune function have been hypothesized to be causes of autism,” the researchers write.

The researchers also speculate that childhood abuse can leave women in a state of chronic stress; the constant release of stress-related hormones could also increase a developing child’s chances of developing autism, since such androgens have been associated with autistic symptoms. Finally, a mother’s childhood abuse could be an indicator of a genetic risk for mental illness, which is often associated with abuse of youngsters. Studies showed that mental illness and autism may share genetic risk factors, “therefore, the perpetration of child abuse by grandparents and experience of abuse in childhood by the mother may be indicators of genetic risk for autism in the child,” the study authors write.

American Academy of Pediatrics declares support for same-sex marriage

NY Times   The American Academy of Pediatrics declared its support for same-sex marriage for the first time on Thursday, saying that allowing gay and lesbian parents to marry if they so choose is in the best interests of their children. 

The academy’s new policy statement says same-sex marriage helps guarantee rights, benefits and long-term security for children, while acknowledging that it does not now ensure access to federal benefits. When marriage is not an option, the academy said, children should not be deprived of foster care or adoption by single parents or couples, whatever their sexual orientation.

The academy’s review of scientific literature began more than four years ago, and the result is a 10-page report with 60 citations. 

“If the studies are different in their design and sample but the results continue to be similar, that gives scientists and consumers more faith in the result,” said Dr. Ellen Perrin, a co-author of the new policy and a professor of pediatrics at Tufts University School of Medicine. 

Other scientists called the evidence lackluster and said the academy’s endorsement was premature. Loren Marks, an associate professor of child and family studies at Louisiana State University in Baton Rouge, said there was not enough national data to support the pediatric association’s position on same-sex marriage. “National policy should be informed by nationally representative data,” he said. “We are moving in the direction of higher-quality national data, but it’s slow.”[...]

The research on same-sex marriage has limitations, experts note, including the relatively small sample sizes of gay or lesbian parents even in long-term studies. Many studies have relied on parental assessments of their children’s well-being, and there is relatively little data about the well-being of children raised by gay men compared with lesbians. 

“Many studies compare wealthy, well-educated lesbian mothers to single heterosexual mothers instead of married couples,” Dr. Marks said. “This matters, because children from married families do better on numerous outcomes including psychological and physical health and avoidance of high-risk behaviors than children of single-parent families.”

America’s Forgotten Posek – Rav Yoseph Eliyahu Henkin zt”l.

Five Towns Jewish Times   by Rabbi Yair Hoffman He was the Gadol haDor in the United States prior to Rav Moshe Feinstein zt”l. And, unfortunately, his rulings and his seforim have, by and large, been completely forgotten.

Walk into any shul or Seforim store and you will be hard-pressed to find a sefer written by Rav Yoseph Eliyahu Henkin zt”l. Open up a contemporary Halachic work and you will rarely find a ruling quoted in his name.

Rav Henkin studied in Yeshiva Etz Chaim in Slutzk, Russia under Rav Isser Zalman Melter zt”l. He received Smicha from Rav Boruch Ber Leibowitz, the Ridbaz, and the Aruch HaShulchan and served as a Rav in Russia. He arrived in this country in 1923, and eventually founded and headed the organization called Ezras Torah. Rav Henkin issued tens of thousands of rulings and wrote responsa to Rabbonim across America and beyond. He published three Seforim.

Yet somehow, Rav Henkin has become “America’s Forgotten Posek.”
How did it happen? How did America’s leading Posek fall into such halachic obscurity? This author’s theory is that there were three factors. Firstly, Rav Henkin spent most of his time dedicating himself to others, through the vehicle of his remarkable organization Ezras Torah. He did not make photo offset copies of his letters or rulings or write them again for posterity because he gave every spare moment to raising much needed funds for Torah scholars. Secondly, Rav Henkin lived in a time quite different from ours. Then, the Torah scholars were refugees, suffering in misery and distress. They could barely put food on the table. Who thought to put out Seforim? Even those that eventually were issued rarely had the name of the recipient of the letter. Finally, Rav Henkin did not have a Yeshiva or an official Rabbinic Shteller like other great Rabbis and Torah leaders. He was the Gadol HaDor and headed Ezras Torah true, but without a natural constituency demanding the Seforim, it was difficult to bring them to the printing house again.  [,,,]

Obama, the New Chareidim and a world without "Daas Torah"

I just was in the area of the King David Hotel where Obama will be staying tomorrow. I was surprised how Israel is genuinely excited and curious regarding Obama's trip. This cautious optimism tinged with uncertainty and curiosity is a microcosm of what is going on in Israeli society now in all areas.

With the passing of Rav Eliashiv - there really is no more "Daas Torah" - even as a formality. There is a growing number of New Chareidim who are officially considered part of the Chareidi world - but who are looked at with grave fear from the mainstream. They work, read Mishpacha magazine and yet are committed to the values of the Yeshiva World. My niece who attends a Chareidi seminary for American girls here in Jerusalem -  was recently told in all seriousness by a teacher that the New Chareidim constitute a serious threat to the Chareidi way of life and authority. My niece wasn't sure what New Chareidim are and why they are so dangerous - as she leads a very sheltered chareidi life - typical of many American chareidim.  She couldn't understand why Israeli chareidim are so afraid of a way of life which is typical in America.

With the exclusion of the Charedim from government - there is no more "protexia".  There is a growing concern about young men being drafted into the army - or at least being threatened with that possibility -  as well as concerns for where the money to continue the Chareidi lifestye is coming from. There is a palpable fear that Lapid is looking to destroy Torah institutions - but also a clear awareness that the realities of Israel politics might result  in him be a very positive and constructive force for the Chareidim. There is no question that the old model for existence is increasing impossible as the Chareidi population balloons. What was good for a small minority 50 years ago - can no longer provide a viable structure for what we have today. But the so-called leaders are not providing an alternative - but are themselves waiting to see what develops.

Obama really doesn't have an agenda  anymore. Without a peace plan or a possibility of one with the Palestinian camp, he is coming to explore what the relationship with Israel will be. It definitely will be one which both sides join to fight against terrorism and Iran. But neither side knows what the relationship will look like in the near future or even can imagine what it should be.

Netanyahu has formed a government of his nightmares - but realistically it might be the best thing that has happened to him - and Israel. There is great possibility for change - both good and bad - that didn't exist even a month ago.

Thus Israeli and in particular the Chareidi society is facing a New World - without a road map or even clear leadership. In essence the whole society has been thrown up into the air and no one really knows what it will look like or even what it could look like in the near future of several months - as it comes down to earth. There is no question that G-d runs the world - but we would be happier to have some idea of what this world will look like by Rosh HaShanna of this year.

Nissim Pines gets 15 years for raping 12 year disabled girl

 YNet  The Jerusalem District Court sentenced Nissim Pines to 15-years in prison on Monday, after he was convicted and pleaded guilty to rape and sodomy of a 12-year-old disabled girl in the bathroom of a Jerusalem Aroma café in February 2011.

The plea bargain was based on a revised indictment submitted by attorney Shlomit Ben-Yitzhak from the Jerusalem Prosecutor’s Office and was approved by the court in December 2011. Pines was also convicted of indecent acts on a 13-year-old girl.

Judges Zvi Segal, Moshe Yoed Hacohen and Ben-Tzion Greenberger called Pines’ actions “appalling, disgusting and ugly,” and noted that he continued carrying them out for 40 minutes. At the sentencing, it was stated that the girl suffered from a mental illness and had been hospitalized in the past under psychiatric care. 

Convicted child rapist becomes a Rebbe

YNet    Yaakov Yitzhak Rata, who was convicted of rape and sentenced to 16 years at the Maasiyahu Prison's religious wing, was released from jail last week only to become a rebbe – a position he inherited from his father, who died during his imprisonment. [...]

The father of the rapist rabbi was Rabbi Avraham Chaim Rata, who was known as the "Shomrei Emumim Rebbe" and died last summer. He led a small congregation of 200 followers based in Jerusalem. [...]

The report added that Rata was expected to serve as a rebbe in the haredi city of Beitar Illit, where the leader of the Shomrei Emunin community had yet to be appointed.

"The rabbi denied the offenses attributed to him and refused to confess to the acts, and as a result even avoided signing a plea bargain, which worsened his legal situation," reporter Israel Cohen explained in his merciful report. "His father, the Rebbe of blessed memory, had expressed his silent support for him too and believed that he was innocent."

Shavei Israel's "miraculous" 2 month conversions for Bnei Menashe

Israel National News   Israel’s Sephardic Chief Rabbi Shlomo Amar, along with members of his staff, paid a special visit to Shavei Israel’s Absorption Center in Givat Haviva to congratulate the 274 Bnei Menashe immigrants from India who arrived in the Jewish state in recent months as part of a renewed wave of aliyah (immigration).[...]

The organizers say that it was a fitting message for the arrival of a community that traces its roots back 2,700 years to the expulsion of the Ten Lost Tribes by the Assyrians, and that has nevertheless managed to survive – and flourish – in some very distant lands. For Haokip, it was particularly emotional: he has only now been reunited with his parents, who made aliyah from India with Shavei Israel’s help in 2007. [...]

There were also more formal presentations during the meeting with the Chief Rabbi, which lasted an hour and a half. Shavei Israel Chairman Michael Freund surveyed the various activities Shavei is running to enable both the physical and spiritual absorption of the Bnei Menashe, including classes in Hebrew and Judaism, assistance with Israeli bureaucracy, housing, meals, prayer services and more. He also described the successful pace of the conversion progress. Indeed, just a few days after Rabbi Amar’s visit, the final group of Bnei Menashe completed their formal return to Judaism.

Shavei Israel’s Director of Bnei Menashe Aliyah, Rabbi Hanoch Avitzedek, who was in Givat Haviva last week for the meeting, says that the speed in which the conversions have taken place is nothing short of a “miracle. We finished everything in under two months,” he says. “Normally this can take at least two years.” Rabbi Avitzedek attributes the quick movement to several factors, chief among them that “the Bnei Menashe were already living a religious Jewish life in India and came here very well-prepared..”

Rav Hershel Schacter's views on reporting child abuse

Forward   A top rabbinic dean of Yeshiva University has warned rabbis about the dangers of reporting child sex abuse allegations to the police because it could result in a Jew being jailed with a black inmate, or as he put it, “a schvartze,” who might want to kill him.

Rabbi Hershel Schachter, one of the most respected faculty members of the Rabbi Isaac Elchanan Theological Seminary, also said that children can lie and ruin an innocent man’s life.

“It could be that the whole thing is a bubbe-mayse [tall tale],” Schachter said.

Schachter said Jewish communities should establish panels of rabbis who are also psychologists to first hear such allegations and decide if law authorities should be informed.[...]

Schachter told his audience that reporting abuse to the police or family service agency does not constitute mesirah — the traditional Jewish prohibition against informing on a fellow Jew to the secular authorities.

But Schachter emphasized that Jewish communities nevertheless had to first make sure children were telling the truth before going to law enforcement authorities. He cited several instances in America and in Israel in which he said false accusations were made.

Every community, said Schachter, needs a board of “talmida chachamim” —Torah scholars — who are also qualified psychologists who could interview victims to see if there is “raglayim la’davar” — or reasonable suspicion — of abuse.

He added: “Before you go to the police and before you got to family services, every community should have a board…to investigate whether there’s any raglayim la’davar or not.”[...]

Muslim Brotherhood objects to protecting wife from abusive husband

NYTimes

“A woman needs to be confined within a framework that is controlled by the man of the house,” Osama Yehia Abu Salama, a Brotherhood family expert, said of the group’s general approach, speaking in a recent seminar for women training to become marriage counselors. Even if a wife were beaten by her husband, he advised, “Show her how she had a role in what happened to her.”

“If he is to blame,” Mr. Abu Salama added, “she shares 30 percent or 40 percent of the fault.”[...]

In a statement Wednesday on a proposed United Nations declaration to condemn violence against women, the Brotherhood issued a list of objections, which formally laid out its views on women for the first time since it came to power. 

In its statement, the Brotherhood said that wives should not have the right to file legal complaints against their husbands for rape, and husbands should not be subject to the punishments meted out for the rape of a stranger. 

A husband must have “guardianship” over his wife, not an equal “partnership” with her, the group declared. Daughters should not have the same inheritance rights as sons. Nor should the law cancel “the need for a husband’s consent in matters like travel, work or use of contraception” — a reform in traditional Islamic family law that was enacted under former President Hosni Mubarak and credited to his wife, Suzanne.[...]

Asked about the statement’s apparent attempt to shield marital rape from legal prosecution, Ms. Sharkawy brushed off the issue as an irrelevant foreign concern. 

“Marital rape? Is this a big problem that we have?” she said, suggesting that it might be a Western phenomenon, while sexual harassment in the streets was a far greater concern in Egypt.