Saturday, September 14, 2013

Op-Ed: Should Teachers Be Saying ‘Yechi’ with Students?

Crown Heights Info   At a recent Chaddishe auspicious day, celebrated with a children’s rally at 770 with several schools participating, there was a teacher from one of the schools that delivered a captivating story to the assembled children. It was a tale from the days of the Baal Shem Tov.

The teacher described this poor Jew thrown into prison by the poretz for lacking the funds to cover rent. He relayed to the spellbound children; “The yid was in such great despair and so sad, he felt that nobody can help him, so he screamed to Hashem from the depths of his heart, “Yechi Adoneinu… leolam Voed!”

Today, dropping my three year old child off at school, I entered the classroom with my kid, and the children were in the midst of davening. Yechi was a very central part as it was sung with great vigor. I was astounded. He isn’t enrolled in a fringe school, rather one of the mainstream ones that has been around for decades.[...]

Is it the role of a school that serve a diverse parent body, to be an indoctrination ground for children from the moment they begin to develop?

Friday, September 13, 2013

A Communal Confession by 5TJT Editorial Staff


 אשמנו  - We have been guilty.  We have cared more for our reputations than we have for the victims of molesters in our midst.

בגדנו  - We have betrayed the innocent and the weak among us.  We have ignored the pleas of those who have been victimized.

גזלנו  - We have stolen. We have stolen the childhood and the innocence of victims by not acting to remove people from positions of authority where they can continue abusing.

דברנו דופי  -We have spoken falsely.  We have said that those who make such accusations are liars – when we either knew that this was not the case, or where we were unsure. We have misused the notion of Chezkas Kashrus to ignore our obligation to protect our charges.

העוינו  - We have caused others to sin.  By allowing redifus to be swept under the table, we have allowed other molesters to further sin.

והרשענו  - We have caused others to do evil. By not acting upon what we had known we have caused others to pursue the victims and their supporters and to label them mosrim.

זדנו  - We have had evil hearts.  We have planned revenge against victims of molestation and their supporters by excluding them from the communal institutions that we control.  We have vilified them in our papers and publications.

חמסנו  - We have become violent.  We have yelled at victims and their supporters and have fought against them.

טפלנו שקר  - We have attached lies.  We have attached ourselves to sinners.  We have allowed molesters to continue operating and have actively supported them.

יעצנו רע  - We have advised evil.  We have told people who have molested others what to do to avoid being caught.

כזבנו  - We have lied. We have done so in crafty ways where we have taught ourselves to be deceptive people.

לצנו  - We have scoffed.  We have made fun of those who have pointed out the fundamentally wrong issues of not cleaning up our act.  We have labeled them mosrim, anti-Semites, and self-hating Jews who try to destroy our Torah Mosdos.

מרדנו  - We have rebelled against the noble principles of the Torah in allowing this shameful behavior to continue.

ניאצנו  - We have been scornful – causing Hashem to be angry at us.  We have not cared to ascertain the truth or to protet Hashem’s nation from a grave internal danger.

סרנו  - We have turned from the path of the Torah’s truthful ideals and have created a Chilul Hashem.

עוינו  - We have intentionally allowed Chilul Hashem to continue by making Klal Yisroel look like they defend child molesters and that we do not protect the victims.

פשענו  - We have sinned/ rebelled.  We have entirely ignored the psak din of Gedolim who have said that when there is clear Raglayim ladavar to molestation we must involve authorities

צררנו  - We have persecuted members of Klal Yisroel by only getting rid of the known molester from our school, but allowing him to move to other communities and continue.

קשינו עורף  - We have been stiff-necked and stubborn in this matter and still have not learned important lessons.

רשענו  - We have been lawless and wicked.  We have created an environment where those who stand up for victims are looked at as troublemakers.

שיחתנו  - We have corrupted our communities with the incorrect notion that it is forbidden to protect victims from their oppressors.

תעינו  - We have strayed.  We have strayed far from the ideals of Torah in supporting oppressors and even in saying, “We have other things to worry about first.”

תיעבנו  - We have done abominations.  Our support for those who victimize others is a complete abomination in the eyes of Hashem.

תיעתענו  - We have allowed ourselves to be led astray.  Because of this issue we have ceased our role in becoming a light unto the nations and are off-track.

וסרנו ממצותיך וממשפטיך הטובים ולא שוה לנו ואתה צדיק על כל הבא עלינו כי אמת עשית ואנחנו הרשענו – We have turned away from your Mitzvos and chosen something unworthy of us.         And You Hashem are Righteous in all that is brought upon us for You have done Truth and we have wrought evil.

Thursday, September 12, 2013

Couple who had child after 25 years - not because of segulos

Hidabroot      This video interview presents a clear contrast to the hashkofa presented in a previous post - A tzadik is born because of a clothes line

בכיוון אחר: גבריאל ועדה מוטי
קשה להישאר אדיש מול סיפורם האישי של עדה וגבי מוטי. אחרי 25 שנים של ציפייה, המתנה, תפילות ומה לא – הגיחה לעולם בתם רחל. מה עבר עליהם עד אז?
בתכנית "בכיוון אחר" מקיים העיתונאי דודו כהן שיחות עומק עם אנשים שביצעו תפנית רוחנית בחייהם. הפעם נתוודע, כאמור, לסיפורם של גבריאל ועדה מוטי.

Timely question: Did Moshe Rabeinu have a "Deri Luluv"

Guest Post from Pinchas Shalom


I went to get ד' מינים (Luluv & Esrog) tonight. After putting a few Esrogim aside i turned to the Luluvim. The second one i picked up was a beauty. It was a tall, fresh, deep green, and fully closed "Deri". 

I said, half to myself, "Moshe Rabeinu didn't have such a Luluv!!". (I thought it not debatable).

The fellow next to me, apparently overhead. He announced a bit louder "of course Moshe Rabeini had a Lee'lev just as nice!!".

A third patron now chimed in, "you think Moshe Rabeinu had Deri  Luluvim?"

The debate ensued, with the fellow next to me making the closing statement. "Its kfirah to say Moshe Rabeinu didn't have a Deri!!".

Senior Australian rabbi apologizes for rabbinical mishandling of abuse

The Age - Australia   Australia's most senior Orthodox rabbi has apologised for years of mishandling and cover-up of child sexual abuse within the Jewish community and urged abusers to hand themselves in to police.

"For whatever reason a culture of cover-up, often couched in religious terms pervaded our thinking and actions. It may even have been well-intentioned, but it was simply wrong," said Moshe Gutnick, the president of the Organisation of Rabbis of Australia, on Wednesday.

Ahead of the holiest day in the Jewish calendar, the Day of Atonement, Rabbi Gutnick told victims no one could know their pain and what they had been through.

"And the pain has only been magnified by our inaction. On this holiest of days, I sincerely beg your forgiveness on behalf of all of us who did not hear your voice.

"I can only assure you on my behalf, and on behalf of the vast majority of the Rabbinate, that we hear you now loud and clear." [...] 

Wednesday, September 11, 2013

D.A. Hynes defeated as voters choose the less problematic candidate

NY Times  Kenneth P. Thompson, a former federal prosecutor, performed the rare feat of defeating a sitting district attorney by beating Brooklyn’s six-term incumbent, Charles J. Hynes, on Tuesday in the Democratic primary.

The primary followed a fierce race that often seemed more a referendum on Mr. Hynes’s lengthy record than a choice between two candidates. Though Mr. Hynes had faced serious and sometimes divided opposition before, this year’s race pitted the 78-year-old district attorney against a single well-financed candidate who rallied anti-Hynes sentiment in the borough. Mr. Thompson, 47, used a torrent of negative publicity about prosecutorial behavior in Mr. Hynes’s office to paint the incumbent as unethical and out of touch. [...]

More recently, Mr. Hynes was forced to backtrack or re-evaluate several murder convictions from the early part of his tenure, and was dogged by his handling of cases in Brooklyn’s ultra-Orthodox Jewish communities, most of whose leaders endorsed him. 

Mr. Hynes was seen as slow to prosecute child sexual abuse allegations against ultra-Orthodox Jews because of rabbinical resistance, but stepped up abuse prosecutions in the last year, and won a significant case involving a therapist who sexually abused a young patient. 

This put Mr. Hynes, politically, in somewhat of a precarious position, as some ultra-Orthodox Jews resented the prosecutions. But one Hasidic voter, who would only give his first name, Martin, said he had chosen Mr. Hynes at the strong urging of the community’s religious leaders. “The leaders told us he’d be better for us,” he said.[...]

Tuesday, September 10, 2013

2 members of a sadistic polygamous Breslaver cult - convicted of severely abusing children and women

Times of Israel  [see also YNET] The Jerusalem District Court convicted the leader of a “sadistic cult” uncovered in 2011 and his accomplice Tuesday on most of the charges levied against them.

The two were convicted of various sexual offenses, holding individuals in conditions of slavery, and abusing women and dozens of children. The names of the defendants were withheld from the public out of privacy concerns.  [...]

Initially, nine members of a well-known polygamous Breslav Hasidic family were arrested, including three men and six women, but only the three men were indicted. The children were placed with foster families.[...]

The leader of the cult was indicted on 15 counts, including slavery, physical, sexual and emotional abuse of minors — including some of his own biological children — unlawful imprisonment, indecent sexual acts, sodomy, rape, serious violent crimes and indecent assault, according to the indictment.

The accomplice, also charged with committing numerous violent sex crimes under the leader’s orders, was the one who most often committed the abuses and was known by the nicknames of “Satan” and “Evil Inclination” by the victims. The third man was only accused in one incident of physical and sexual abuse and was not convicted on Tuesday. [...]

Rav Kafach: Israeli monetary law determines halacha

The following excerpt is taken from Justice Elon's Mishpat Ivri (volume IV pages 1761-1762). It asserts an interesting rationale why secular Israeli law regarding money can be binding according to the halacha. This is important especially on the issue of divorce settlements where halacha and secular law greatly diverge.
=========================
A particularly instructive approach to the relationship between Israeli statutory law and Jewish law is taken by Rabbi Yosef Kafah. a member of the Rabbinical Court of Appeals and a major halakhic authority in the State of Israel. Rabbi Kafah's position is expressed in the leading case of discussed further below. In commenting on statements made by the district court as to the nature of statutory provisions expressly made applicable to the rabbinical courts as well as the general courts, he said:
It would seem that these statements concerning "laws explicitly directed to them [the rabbinical courts]" are based on a perception that the Legislature has acted to require the rabbinical courts to reach decisions that are contrary to their religious beliefs. Indeed, many people share this perception, but their logic begs the question. They assume the premise that these laws require the rabbinical courts to reach decisions that are contrary to the laws of the Torah, and on the basis of that premise they conclude that the law "violates pure halakhic considerations." But this conclusion is not inevitable; rather, the law should be viewed according to its plain meaning.
Section 1 of the Woman's Equal Rights Law provides: "The same law shall apply to women and men with regard to every legal transaction." Section 5 provides: "This law shall not affect the religious law in matters of marriage and divorce.26

The plain meaning of these provisions is that the Legislature established a binding rule only with respect to monetary matters, in regard to which it perceived the existing law as discriminating against women .... The legisla­ tive mandate is manifestly based on the assumption that legislation as to monetary matters would not affect religious law, since the legislation is con­ sidered "a stipulation as to a monetary matter"; therefore, it is not a [prohibited] stipulation to contract out of a Biblical norm. Consequently, it may be assumed that the Legislature had no intention to interfere with anything that is not "a stipulation as to a monetary matter." This is an instance of an ap­ proach that can lead to a proper understanding of a number of statutes that have not been so understood.27

In other words, just as under Jewish law there is freedom of contract, i. e., the parties to a legal transaction may agree on terms contrary to a particular halakhic rule, provided the agreement concerns a "monetary matter" (mamon) and not religious law (issur) ,28 so a statute of the Knesset, enacted in the name of the people by their elected representatives, is in the nature of an agreement by the people to conduct their affairs in accordance with the legislative provisions. As long as the matter does not concern religious law, such an agreement is fully effective even if it is contrary to a particular halakhic rule." This interpretive approach by Rabbi Kafah. which is particularly significant in that it is taken by a leading rabbinical court judge and important halakhic authority, is applicable not only to the particular question dealt with in the Nagar case but also, as explained more fully below ,to the broader question of the relationship between the rabbinical courts and the general legal system of the State of Israel.30

Most Israeli female medical personel are sexually harrassed

Times of Israel    Most of Israel’s female medical personnel have been sexually harassed at one point or other during their career, a study showed.

The research, to be formally released at a conference Tuesday, found that 69 percent of female doctors have been victims of such behavior, as were 62% of female nurses, according to a report in the Maariv newspaper. The bulk of the unwanted attention came from patients, the survey said.[...]

Participants were also asked how frequently they felt harassed. While they were given the option to report harassment on a daily basis, Kagan noted that most of them reported such incidents happened either once a month or once a year. Age was a factor, as the younger nurses and doctors reported harassment at a more frequent pace. [...]

Kolko case: Lakewood avreichim protest the disgusting treatment of victim's family

Just received this Lakewood pamphlet. I do not know who wrote it but it is now circulating Lakewood. It is good to see that there are those in Lakewood who get outraged by blatant injustice and chilul HaShem.    It provides a halachic defense of the victim's father actions and shows that he was not a moser. It severely criticizes those who drove him out of Lakewood.










 קונטרס והצדיקו את הצדיק Kolko case Defense of victim's family
  

Monday, September 9, 2013

Woman who testified against Weberman driven out of shul Rosh HaShanna


NY Post    The brave Orthodox Jewish teen whose testimony helped convict the prominent Brooklyn counselor who had sexually abused her was driven out of her own synagogue on Rosh Hashana last week.

The married, 18-year-old victim was in the Williamsburg synagogue where her family has prayed for the past decade when a man yelled, “Moser, out of the shul!” the woman’s husband told The Post on Sunday.

The word “moser” refers to a Jew who informs on another Jew to secular authorities.
“They stopped the praying until she left,” said her husband, Boorey Deutsch, 26. “Some woman tried telling my wife to stay there and not leave. She shouldn’t care what they say. But my wife ended up leaving.” 
“She felt horrible and mistreated. They treat survivors as if they are the abusers,” Deutsch fumed to The Post.

Deutsch and his wife have suffered harassment ever since she first accused Nechemya Weberman, 54, of sexually abusing her after she was sent to him for counseling as a 12-year-old. [...]

YU Abuse Report: Prof Marci Hamilton gives it failing grade

Verdict Justia    After many months, and many media stories about child sex abuse at the Yeshiva University High School (“YUHS”) in The Jewish Daily Forward, Yeshiva University released the “independent investigation” of child abuse that was led by Karen Patton Seymour, Co-Managing Partner of the litigation department of the prestigious law firm Sullivan & Cromwell.  The report was issued on August 26, in the doldrums of the summer, the week before Labor Day.

Before launching into my analysis of this disappointing report, I should clarify my own role in the report, given that this is one of my key areas of expertise and given that I am a law professor at Yeshiva’s law school.  Here is the summary of my involvement: I met once with YU Administrators, at my request, to urge them to do the right thing.  And I spoke with Ms. Seymour twice to urge her team to do the right thing.  My advice was not sought otherwise, and I saw the report first in the press.  In my view, they did not do the right thing.

The YU Report Is Not a “Report”

The YU Report is, in fact, a policy statement.  First, it spends seven pages describing what the Sullivan & Cromwell attorneys did.  Fair enough.

Second, it provides a four-paragraph (that is not a misprint) summary of “Findings.”  Readers are told that “multiple incidents of varying types of sexual and physical abuse took place at YUHSB [and at other schools comprising the University] during the relevant time period. . . including, in some instances, after members of the administration had been made aware of such conduct.”  This is little more than a continuation of the cover-up that apparently already occurred.

Third and finally, the rest of the document describes YU policies and how they should be improved.  Appended to the document is another report and analysis of its policies produced by T&M Protection Resources.

YU reportedly spent millions paying Sullivan and T&M to produce a “Report” that anyone with knowledge of child-protection policies could have written after receiving YU’s policies and reading the Forward stories.  I do not intend to denigrate Sullivan’s work or the work of T&M.  Future policies and analysis of past policies are valuable fodder for such endeavors, but I would not have permitted my name to be on such a deficient and embarrassing document.  A document that was truly a “Report” would have included an actual report of the facts that prompted the need to review those policies. [...]

Finally, and most troubling to me, is that this document is an affront to survivors everywhere.  I have never read a document of this genre with less verbiage speaking directly to the survivors.  It is, in a word, cold.  YU needs to figure out how to become more child-centered in its approach to abuse, or it will be fighting these battles for decades to come.
After many months, and many media stories about child sex abuse at the Yeshiva University High School (“YUHS”) in The Jewish Daily Forward, Yeshiva University released the “independent investigation” of child abuse that was led by Karen Patton Seymour, Co-Managing Partner of the litigation department of the prestigious law firm Sullivan & Cromwell.  The report was issued on August 26, in the doldrums of the summer, the week before Labor Day. - See more at: http://verdict.justia.com/2013/09/05/sullivan-cromwell-and-yeshiva-university-issue-a-disappointing-report-on-child-sex-abuse-that-is-short-on-facts-and-long-on-public-relations#sthash.aMv0STHi.dpuf
After many months, and many media stories about child sex abuse at the Yeshiva University High School (“YUHS”) in The Jewish Daily Forward, Yeshiva University released the “independent investigation” of child abuse that was led by Karen Patton Seymour, Co-Managing Partner of the litigation department of the prestigious law firm Sullivan & Cromwell.  The report was issued on August 26, in the doldrums of the summer, the week before Labor Day. - See more at: http://verdict.justia.com/2013/09/05/sullivan-cromwell-and-yeshiva-university-issue-a-disappointing-report-on-child-sex-abuse-that-is-short-on-facts-and-long-on-public-relations#sthash.aMv0STHi.dpuf
After many months, and many media stories about child sex abuse at the Yeshiva University High School (“YUHS”) in The Jewish Daily Forward, Yeshiva University released the “independent investigation” of child abuse that was led by Karen Patton Seymour, Co-Managing Partner of the litigation department of the prestigious law firm Sullivan & Cromwell.  The report was issued on August 26, in the doldrums of the summer, the week before Labor Day. - See more at: http://verdict.justia.com/2013/09/05/sullivan-cromwell-and-yeshiva-university-issue-a-disappointing-report-on-child-sex-abuse-that-is-short-on-facts-and-long-on-public-relations#sthash.aMv0STHi.dpuf
After many months, and many media stories about child sex abuse at the Yeshiva University High School (“YUHS”) in The Jewish Daily Forward, Yeshiva University released the “independent investigation” of child abuse that was led by Karen Patton Seymour, Co-Managing Partner of the litigation department of the prestigious law firm Sullivan & Cromwell.  The report was issued on August 26, in the doldrums of the summer, the week before Labor Day. - See more at: http://verdict.justia.com/2013/09/05/sullivan-cromwell-and-yeshiva-university-issue-a-disappointing-report-on-child-sex-abuse-that-is-short-on-facts-and-long-on-public-relations#sthash.aMv0STHi.dpuf
After many months, and many media stories about child sex abuse at the Yeshiva University High School (“YUHS”) in The Jewish Daily Forward, Yeshiva University released the “independent investigation” of child abuse that was led by Karen Patton Seymour, Co-Managing Partner of the litigation department of the prestigious law firm Sullivan & Cromwell.  The report was issued on August 26, in the doldrums of the summer, the week before Labor Day. - See more at: http://verdict.justia.com/2013/09/05/sullivan-cromwell-and-yeshiva-university-issue-a-disappointing-report-on-child-sex-abuse-that-is-short-on-facts-and-long-on-public-relations#sthash.aMv0STHi.dpuf
After many months, and many media stories about child sex abuse at the Yeshiva University High School (“YUHS”) in The Jewish Daily Forward, Yeshiva University released the “independent investigation” of child abuse that was led by Karen Patton Seymour, Co-Managing Partner of the litigation department of the prestigious law firm Sullivan & Cromwell.  The report was issued on August 26, in the doldrums of the summer, the week before Labor Day. - See more at: http://verdict.justia.com/2013/09/05/sullivan-cromwell-and-yeshiva-university-issue-a-disappointing-report-on-child-sex-abuse-that-is-short-on-facts-and-long-on-public-relations#sthash.aMv0STHi.dpuf