The R Avraham Ort family tragedy: A Lakewood avreich forced to flee America after his wife asked for a divorce - but refused to go to beis din, his children are alienated and she took his inheritance of millions of dollars

I recently spent time listening to Rabbi Avraham Ort tragic story. How he went from a fulfilling and happy life of Torah study, a fine wife, wonderful children - all supported by an inheritance millions of dollars.- to an impoverished refugee, divorced and with all his children turned against him. What he said was shocking and I found it hard to believe this story. However the validation of what he told me - the details and full documentation (Letters from Rabbis) are on the site Emes VShalom . This is a case of someone  who says, "We were happy for many years then my wife asked for a divorce but I don't know why"

It boils down to his wife going to secular court - without permission of beis din and getting his inheritance from his father ($7,000,000). He was ordered to pay child support of $25,000 a month - however after being left penniless he left America to avoid the court created obligations. His children were told that their father left them penniless and that they subsisted on money from tzedaka. His children have been totally alienated and now hate him because of what they heard from their mother. He gave her a Get without a fight - even though it was his only real weapon against her use of the secular courts to bankrupt him.

At this point the goal  - agreed to by the gedolim - is that the issue needs to be settled in beis din. His wife has consistently refused despite the clear directives of the gedolim (Letters from Rabbis).

He has asked me to publicize his case to help create pressure on his former wife - with the hope that this Ort family tragedy be resolved through the involvement  of a proper beis din. I suggested that he write letters directed at his alienated children and that I would publish them.  The first letter will appear soon.

If his ex-wife would like to write her perspective on the events - I will be glad to publish it. Please take the  time to read the documentation on the Emes VShalom site

Rabbi James Kennard: Chabad's shameful response to injustice in Australia and Vienna

Guest post by Rabbi James Kennard, principal of one of Australia’s largest Jewish school

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In January 2014 I commented in the Australian Jewish News on the impending departure of the Rabbi of the Great Synagogue in Sydney, and suggested that one Modern Orthodox rabbi should be replaced with another, rather than a Chabadnik

This reasonable notion outraged the Chabad leadership in Australia to such an extent that, although unable to pen a reply themselves, they recruited Rabbi Schochet from London to write a hatchet-job, vehemently attacking both me and the very idea that not every synagogue needs to be led by a Chabad rabbi.

My response was a column, published in the Australian Jewish News on 13 February 2014 in which, inter alia, I detailed a number of moral failures that Chabad had shown in Australia and elsewhere. I complained about the lack of any call for the leadership to take responsibility for the child abuse and the cover-up in Melbourne; I referred to the support that the Chabad director and the Chabad organization in Vienna had given to an abusive husband and a corrupt court system that were conspiring against a suffering mother and her two children.

The answer was denial, vilification and threats. The avoidance of any responsibility for numerous acts of abuse in Melbourne and Sydney continued, together with the blaming of victims. Now, the tide begins to turn, but tearful apologies at the Royal Commission are far too little and far too late. And we still await the resignations and the completely fresh start that will demonstrate that the organization has learnt and changed.

It is possible that what is left of the reputation of Chabad in Australia may one day be redeemed, but that would be far in the future. Meanwhile, there is still a chance for Chabad to correct its appalling complicity with the injustice in Vienna. There is still time for the Chabad leadership to demand that Rabbi Biderman, the organizations director in that city cease ignoring the plight of this mother and her children, cease claiming to be “too busy” or “not able to interfere”, cease treating the abusive father as a respected member of his congregation, and start to actively assist the oppressed. As a very small first step, he could facilitate the weekly visits of the children to their mother, which the father is currently illegally denying since “he cannot find any way of arranging it” (Rabbi Biderman’s response to date has been to ignore this most modest suggestion entirely)

There is still time for supporters of Chabad worldwide to cease claiming that Vienna is “too far away” or “Rabbi Biderman is respected” or “there are always two sides to the story”. There are indeed two sides to this story; good and evil.

We are watching the claims by Chabad Rabbis in Australia that they did not know what was happening here unravel before our eyes. When Chabad is held to account for its role in the tragedy in Vienna, they will not even be able to cling to that excuse. They know and they look away. If Chabad genuinely wants to learn from its mistakes, the time for action is now.

Weiss supplement to motion to dismiss Rivky's allegations

Click to see - Initial Motion to dismiss allegations
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update This is one of the letters that Rivky wrote to a friend when she was allgedly being tortured, treated as a slave etc etc. You will notice that her letter indicates that she was having a great time. This letter was submitted others to Judge Cogan in the supplement motion below.

From: Rivky Weiss ....@gmail.com> Subject: Re: Photo from Feb 5, 2011

Date: February 14, 2011at11:25:16AM EST To: ..... @yahoo.com

thanks uch i miss you soooooo much i looooooooove it here just thinking of brooklyn depresses me thaey have so many government funded things for kids like a community center: center of town yea i made one really good friend plus other friendly friends and i have myh sis n law n my kids have couzins to play with etc i loooooooooooooooove it here my condo s gorgeouse it looks like a hotel cant describe its too nice lol

=========================================================== 

   BW Supplement Motion 2-10-15

Schlesinger Twins: Timely lessons to be learned from the Australian abuse scandal

picture not of Schlesinger twins

Guest Post by Beth Alexander

It has taken over 20 years for the victims of child abuse in Australia to finally be vindicated and awarded their day of justice at last. Not that anything could ever undo the pain and horror they suffered at the hands of the perpetrators at the time or remove the stain of guilty memories all those torturous years thereafter but at least now it is no longer they who have to carry the heavy burden of shame and silence.

This week marks the second in a two week government inquiry set up to investigate claims of child sexual abuse dating back to the 1980s and 1990s in Sydney and Melbourne. Commissioners of the Australian Royal Commission are currently hearing the victims and interrogating rabbis who were employed by the Yeshivah Centre at the time.

As details come to light, it is horrifying to discover that many of the highest ranking rabbis were informed about the abuse taking place but conspired to cover it up and instead shunned and silenced the victims. Their responses today make for shocking reading but perhaps these individuals, unfit to hold the title rabbi, are more shocked than anyone. Confident it had all been buried in the past, they never expected the scandal to resurface years later to destroy them and their families.

Austria is just one syllable away

Following these events while desperately fighting for justice for my own little boys here in Vienna is chilling. There are so many parallels. 'A week from hell' is how the past week has felt for the Australian Jewish community. I have spent the past four years in that hell - repeatedly calling on the rabbis in Vienna, on Chabad Vienna and the community leaders of Vienna to listen to our anguished pleas for help to end my own little boys' suffering. Instead of the protection, support and compassion their moral code of conduct obligates them to provide, I have also been met by stony silence, indifference and worse, ostracized and re-victimized over again for speaking out, as were the victims in Australia who naively misplaced their trust and confided in the rabbis about what was happening to them.

It's telling that victims in Australia were threatened not to breathe a word to the non-Jewish authorities because of mesirah yet in my case the rabbis and leaders in Vienna have repeated like a mantra, 'It must go though the courts' when they are fully aware  that the judicial process has been subverted by a member of the Jewish community, a high court judge who happens to be a friend of the father and convert to Judaism. Add to that an orthodox psychiatrist who tried (unsuccessfully) to have me committed to a mental hospital on the orders of my ex husband before admitting he had never met me, a false statement by a Chabad rabbi and a court issued gagging order on me and you have the makings of another giant cover up.

Unlike Australia today, not a single Austrian rabbi will be able to claim they didn't know about Samuel and Benjamin Schlesinger in their community.

Recently, one local at the centre of the Viennese community (who has never spoken to me directly) admitted to a trusted friend back home in the UK, 'This is a conspiracy against Beth.' Not only that, he warned portentously, 'The case of the Schlesinger twins will haunt this community. In ten years the rabbis will be shamed, they will have blood on their hands.'

While it is too late to save Manny Waks and the countless other victims who now have to live with their scars and somehow find the strength and courage to rebuild their shattered lives as emotionally and psychologically damaged adults, Sammy and Benji Schlesinger are still young enough to be saved. Will any lessons be learned from Australia?

Open Orthodox Launches Genteel War on Rabbinical Council of Greater Washington

Guest post by Joe Orlow

The Rabbinical Council of Greater Washington (RCW), also known as the Vaad Harabanim of Greater Washington famously bills itself as, "The only organization of Orthodox Rabbis in the Metropolitan Washington area that is responsible for kashrut supervision. (The Washington Vaad.) Maintains a Beth Din which deals with matters affecting Jewish Family Status, i.e. adoption in accordance with Jewish law, marriage, and divorce as well as with the adjudication and/or arbitration of financial disputes, and provides all services essential to the traditional Jewish community. Maintains the city-wide Chevrah Kadisha (provides services essential for the deceased)."

No more is this the whole story, if it ever was. A group of Rabbis and a Maharat, all closely affiliated with Rabbi Avi Weiss and his so-called Open Orthodox movement, have announced the formation of the Beltway Vaad. (The Beltway is a road that entirely encircles the Washington DC region, as a belt encircles a waist.)

This gang can claim some authority in as much as it includes Rabbi Joel Tessler. Rabbi Tessler was the Rabbi of one of the oldest and largest Orthodox Congregations in the DC region for many years. He was a member of the RCW before any of the current Rabbis joined the RCW. Interestingly, this Congregation, Beth Shalom, is listed as an affiliate of the RCW, although its current Rabbi is not. And there's the rub.

The Rabbis (aside from Rabbi Tessler) and Maharat of the Beltway Vaad are smarting from the fact that they have been excluded from "[t]he only organization of Orthodox Rabbis in the Metropolitan Washington area that is responsible for kashrut supervision...."

With the arrest of Rabbi Freundel, who was the Vice President of the Vaad, and the subsequent weakening of the Vaad from this scandal, the Open Orthodox clergy and lay people have seized the moment and made a push to become de facto leaders of Orthodoxy in the Greater Washington DC area. To become, in their words, the "Orthodox Leadership for the 21st Century."

 The Beltway Vaad is strongly positioned. They control Beth Shalom, the Congregation Rabbi Tessler headed. Shuls and schools closely connected to the RCW routinely have important events like fundraisers at Beth Shalom. Thus, the Beltway Vaad having their inaugural event at Beth Shalom is especially poignant. It should also be noted that Steven Lieberman, a vice-president of Beth Shalom, is chairman of the Yesivat Chovevei Torah, the Yeshiva Rabbi Avi Weiss started.

 This is the link to the press release about the new Vaad https://beltwayvaad.org/wp-content/uploads/2015/02/Press-Release-Beltway-VAAD-Inauguration.pdf

This is a letter sent out by Maharat Ruth. Maharat Ruth is a full member of the Vaad. The reference in the letter to a Beit Din for conversion is critical. In the past, the RCW did not accept the conversions of some of the Rabbis who are now becoming part of the Beltway Vaad.

Dear friends, Rabbi Herzfeld and I wanted to share some exciting news with you. As some of you may know, we have been working with local Orthodox pulpit clergy on the formation of a new Vaad to serve the Greater Washington Orthodox Community. Today we officially launch the new "Beltway Vaad"!

In addition to Rabbi Herzfeld and me, The Beltway Vaad currently has the following members from area shuls:

Rabbi Nissan Antine - Beth Sholom Rabbi Joel Tessler - Beth Sholom Rabbi Uri Topolosky - Beth Joshua

Beltway Vaad Mission

The Beltway Vaad is a council of local, orthodox, pulpit clergy supporting one another as we serve the spiritual needs of our congregants and the larger community.

Guided by a set of shared core values, our Vaad aims to provide our communities with religious education, spiritual leadership, kosher supervision, and a Beit Din for conversion and other relevant matters. You can learn more about the specific goals of The Beltway Vaad on our website - www.beltwayvaad.org

Why do we need another Vaad?

Some people might wonder why is it necessary for our community clergy to have a second Vaad if we already have The Rabbinical Council of Greater Washington (RCGW) http://www.capitolk.org.

The answer to this question is that all of our members (with the exclusion of Rabbi Tessler) have not been granted admission into to the RCGW. We therefore feel that we cannot respond to the needs of our communities without a unified voice and a mechanism for collective action. We hope to have a very productive and collegial relationship with the RCGW and to work together with them for the benefit of the Washington Orthodox Community.

Lay Advisory Council

One very exciting aspect of the Beltway Vaad is that we will work in partnership with a Lay Advisory Council ("LAC"). The LAC will be a voice for communal concerns, its members will serve as ambassadors to the community and it will be a vehicle for accountability, transparency and an address for grievances against members of The Beltway Vaad. More information about the LAC can be found on the Beltway Vaad website.

Our Lay Advisory Council includes the following members:

Behnam Dayanim, Chair David Janus Bruce Wiener Tamar Zakheim Ahuva Orlofsky David Gillers Tovah Koplow Benjamin Neumann

Q and A session this Shabbat (Feb 14) - 15 minutes after Lunch There is obviously so much more information and not all of it can be communicated in an email. We know that some of you will have questions, concerns and suggestions. If you would like to learn more about The Beltway Vaad, please join Rabbi Herzfeld and me 15 minutes after lunch this Shabbat February 14 in the chapel. If you have specific questions, feel free to email them in advance to MaharatRuth@ostns.org 

Beltway Vaad inaugural event on March 8 at Beth Sholom Finally, We would like to invite you to our inaugural event - a Yom Iyun on Sunday Morning March 8 at Beth Sholom. The Yom Iyun will be a chance for community members to study Torah with the members of the Vaad, learn about our goals and mission and have questions answered. Please see the flyer for more details! https://beltwayvaad.org/wp-content/uploads/2015/02/Beltway-Vaad-Yom-Iyun-March-8.pdf 

We look forward to our future work together! Maharat Ruth

-- 
Maharat Ruth Balinsky Friedman
Ohev Sholom: The National Synagogue
  1600 Jonquil Northwest
  Washington, DC
  20012
MaharatRuth@ostns.org
847-722-8287

New Harvard Policy Bans Teacher-Student Relations

NY Times     Harvard University has adopted a ban on professors’ having sexual or romantic relationships with undergraduate students, joining a small but growing number of universities prohibiting such relationships. The move comes as the Obama administration investigates the handling of accusations of sexual assault at dozens of colleges, including Harvard.

The ban clarifies an earlier policy that labeled sexual and romantic relationships between professors and the students they teach as inappropriate, but did not explicitly prohibit professors from having relationships with students they did not teach.

Harvard said Thursday that the change had been made after a panel reviewing the institution’s policy on Title IX, the federal law prohibiting sex discrimination in education, determined that the university’s existing policy language on “relationships of unequal status did not explicitly reflect the faculty’s expectations of what constituted an appropriate relationship between undergraduate students and faculty members.” It said the policy had been revised “to include a clear prohibition to better accord with these expectations.” [...]

 “Our rule is that if you are supervising, evaluating or grading someone, you should not have a sexual relationship with that person,” said Alison Johnson, a history professor who led the committee. [...]

After the courts found in the 1990s that universities could be financially liable for sexual harassment, many institutions — among them, the University of California and Yale — adopted formal policies forbidding sexual or romantic relationships between faculty and students.

Jesse Friedman: Convicted abuser - is he a victim of 'a vast moral panic?'

NY Times  Early in “Capturing the Friedmans,” the 2003 documentary that tells the harrowing story of a father and son charged in 1987 with the brutal sexual abuse of children on Long Island, one of the detectives on the case recalls her hesitation in the face of intense pressure from parents to prosecute quickly.

“Just charging somebody with this kind of a crime is enough to ruin their lives,” she said. “So you want to make sure that you have enough evidence, and that you’re convinced that you’re making a good charge.”

On Tuesday, the son, Jesse Friedman, who was released in 2001 after serving 13 years in prison, will be back in court, arguing once again for the disclosure of that evidence, which he says will help to prove his innocence. Twenty-seven years after he was first charged, prosecutors still refuse to give it to him.

From the beginning, the case was deeply flawed. The only evidence that Jesse and his father, Arnold, had abused anyone consisted of statements to the police by children and one of Jesse’s friends. Many of the statements were made after repeated or hourslong visits from detectives who would not leave until they heard what they wanted. None of the children had previously complained to anyone of any abuse. [...]

In the late 1980s and early 1990s, similar cases were playing out across the country: extreme, often implausible allegations of mass sexual abuse of children by child care workers, leading to dozens of prosecutions and convictions. One federal appeals court has described the mood of the time as a “vast moral panic.”

The problem was that most of the charges weren’t true. Decades later, almost all the convictions of that era have been reversed. [...]

But Mr. Friedman says he pleaded guilty under the threat of an effective life sentence if he were convicted at trial.

In the years since his release, Mr. Friedman has been developing a case to clear his name, with the help of his lawyers and the documentary’s director, Andrew Jarecki. Among other things, the prosecution’s only adult witness has recanted, as have five of the children who said they had been abused. More than two dozen eyewitnesses at the computer classes where the abuse was allegedly committed now say no abuse occurred. Many students told investigators this at the time, but prosecutors did not share that with Mr. Friedman’s lawyer. [....]

In 2010, the federal Court of Appeals for the Second Circuit said “the police, prosecutors, and the judge did everything they could to coerce a guilty plea and avoid a trial,” and that there was a “reasonable likelihood” Mr. Friedman had been wrongfully convicted.

That concern was echoed by the only person outside the Nassau County district attorney’s office to have seen the full 17,000-page file in the Friedman case — a state trial judge named F. Dana Winslow. In 2013, after reviewing the file along with new pieces of evidence, Mr. Winslow ordered prosecutors to turn over “every piece of paper” generated in the case against Mr. Friedman, with a handful of names redacted. That has still not happened.

The [D.A. ]office says it re-confirmed Mr. Friedman’s guilt in a three-year, 155-page report it released in 2013, purporting to re-investigate the case. But whether or not Mr. Friedman can establish his innocence is for a court to decide, not for the prosecutors who tried the case in the first place. [...]

There have long been grave questions about the prosecution and guilty plea. And innocent people plead guilty surprisingly often. At the very least, Mr. Friedman — whose life has already been ruined — should be given a real chance to prove his innocence in court. If the Nassau County district attorney’s office is so confident of his guilt, and of the legitimacy of its prosecution, what is it afraid of?

Why is polygamy or incest between consenting adults or bestiality -prohibited if Consitution prohibits banning gay marriage?

Talking Points    Sen. Lindsey Graham (R-SC) asked Attorney General nominee Loretta Lynch to explain Wednesday at her confirmation hearing why polygamy wouldn't also become a constitutional right if if the Supreme Court decided that same-sex marriage was protected by the Constitution.

"If the Supreme Court rules that same-sex marriage bans are unconstitutional — that it violates the Constitution to try to limit marriage between a man and a woman, that's clearly the law of the land unless there's a constitutional amendment to change it — what legal rationale would be in play that would prohibit polygamy?" Graham asked. "What's the legal difference between a state ban on same-sex marriage being unconstitutional but a ban on polygamy being constitutional?"

"Could you try to articulate how one could be banned under the Constitution and the other not?" [...]
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 Bestiality - if animal not harmed?

CNS News      (December 20111) Senate Approves Bill that Legalizes Sodomy and Bestiality in U.S. Military

The Senate on Thursday evening voted 93-7 to approve a defense authorization bill that includes a provision which not only repeals the military law on sodomy, it also repeals the military ban on sex with animals--or bestiality.

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Incest between consenting adults?

USA Today

A state assemblywoman says she'll propose legislation banning adult incest, in the wake of a New York magazine interview with an anonymous Great Lakes-area 18-year-old who says she plans to informally marry her long-estranged biological father and move to New Jersey because there aren't penalties in the state so long as both participants in the sexual relationship are at least 18 years old.

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Additional question - Relationship of halacha of polygamy to ban of polygamy in secular society

If the cherem of Rabbeinu Gershom was based on the ban on polygamy in the Christian world in which Ashkenazi Jews then resided, would that ban no longer be relevant if/when polygamy becomes legal in the United States and the West?

Schlesinger Twins: Another Chabad rabbi supports Beth

Lubavitcher refuses to divorce his wife saying the Rebbe is alive and "paskened"

Psak Din

הבעל, שמאמין כי הרבי חי, התעמר באשתו ובילדיו במשך שנים. בית הדין הרבני שחרר את האישה וקבע: "יחיה הוא בחייו כרצונו אך יעזוב את אשתו לנפשה."

גבר ואישה נישאו ב-1991. לשניהם היו אלה נישואין שניים: האישה הייתה אלמנה עם שני ילדים, ואילו הבעל גרוש עם שני ילדים. לבני הזוג נולדו ארבעה ילדים משותפים, שלושה מהם בגירים ואחת קטינה. הם נישאו בישראל ולאחר מכן עברו לדרום אפריקה. ב-2009 עזבה האישה את הבית ואת דרום אפריקה, ועברה לגור בניו יורק ליד הוריה. מאז ועד היום הבעל ממשיך לגור בדרום אפריקה והאישה בניו יורק.

לשאלות בענייני משפחה:

תחילה פתחה האישה בהליכים נגד הבעל בבית הדין ביוהנסבורג בדרום אפריקה. הבעל סירב לשתף כל פעולה עם בית הדין בדרום אפריקה, שבתגובה הוציא נגדו "כתב סירוב וחרם חמור".

לרגל חתונת בנם המשותף שמתגורר בישראל, הגיעו השניים לארץ. האישה ניצלה את ההזדמנות ופתחה תיק בבית הדין הרבני האזורי בתל-אביב, בו תבעה מבעלה לתת לה גט.

האישה טענה כי לאורך השנים שררה בבית אווירה קבועה של פחד וטרור. לטענתה, הבעל נהג בהתפרצויות זעם, צעקות וכינויי גנאי משפילים, גם כלפי הילדים, שאותם אף נהג להכות. לפני שש שנים עברה לניו יורק כי הרגישה שהיא פשוט לא יכולה יותר להמשיך כך.

לדבריה, הבעל מעולם לא עבד ולא פרנס, ואף לא נתן לה לצאת לעבודה, ובמשך כל השנים המשפחה התקיימה מתרומות שאביה אסף עבורם. אם לא די בזה, המשיכה, הבעל בהתנהגותו הביא לכך שהיא הייתה חייבת לשלוח שניים מילדיהם ללמוד בארה"ב בגלל הסכנה הרוחשת בבית.

הבעל – חסיד חב"ד שחי באמונה כי הרבי מלובביץ עדיין חי – טען כי קיבל מהרבי "איגרת" ובה ההוראה לא להתגרש, וזהו זה. הוא הכחיש את האלימות הפיזית והמילולית, הן כלפי האישה והן כלפי הילדים, וטען כי הילדים נשלחו לארה"ב כדי לקבל חינוך טוב יותר. 

Uziel Frankel - Rivky Stein's mentor - use of beis din to obtain house

I received the following document from Yoel Weiss regarding Uziel Frankel - Rivky Stein's mentor - problematic use of a beis din to obtain a house.

This allegations was referred to in the recent Weiss document to dismiss Rivky's charges.

http://daattorah.blogspot.co.il/2015/02/weiss-files-motion-to-dismiss-rivkys.html

"Mr. Frankel is very familiar with filing frivolous RICO complaints. He has done it unsuccessfully before in previous attempts to intimidate, threaten and harass innocent people. He even stole an innocent person's home and he was convicted when he was sued for that in State RICO complaint. (See Exhibit 4 attached.)"

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   Uziel Frankel - Petition to Confirm Arbitration Award 3-31-04-1 

Beaten wife receives Get by hiring false witnesses to tell the truth.Is this Get valid?

Rav Yizchok Zilberstein (Aleinu L'Shabeach Vayikra page 317) describes a strange case. A woman is being beaten by her husband. She goes and complains to beis din. They simply tell the husband to behave himself - but the beatings go on. There were no witnesses for her claims - which is common in such cases. Her brothers, seeing nothing was being done - hired two people to be false witnesses on her behalf and to testify that they saw the husband beating her. The beis din carefully examined the false witnesses and decided that they are telling the truth. Based on this testimony the beis din orders the husband to give his wife a divorce - which is the law in Shulchan Aruch.

After she received the Get she went to Rav Silberstein to ask whether she can remarry with a Get given because of false witnesses - who were telling the truth about her beating. She said, "It is clear that what the witnesses said was true that the husband beat me. But on the other hand they lied when they said that they witnessed it. Is the Get posul?"

Rav Silberstein felt that the Get was valid because we accept the principle that every Jew wants to do what is right in the eyes of G-d. The reason why we sometimes force the husband to give a Get is because his yetzer harah sometimes prevents him from doing the right thing. In this case the husband is well aware of the truth that he was beating his wife. In his heart he knows that he has an obligation to divorce his wife. Therefore we can consider that he gave the Get willingly - even though he was forced to give it.

However Rav Eliashiv did not agree with this reasoning and stated that it is prohibited to remarry with a  Get obtained through false witnesses. However in this case since the woman already has the Get there is no reason to tell the husband that Rav Eliashiv said the Get is not valid....It is possible to say to him that since the Get already is in the hands of his wife perhaps he will now write a get of his own free will...

Survivor tells Pope Francis to hand priests over to police as new Vatican child abuse commission starts work

Telegraph

Pope Francis should immediately hand over to the police all the Vatican documents on Catholic priests accused of sexually abusing children and “cast out the vipers” who are still being protected by the Church, a British survivor of clerical abuse said.

The Catholic Church needs to end decades of obfuscation and cover-ups by fully cooperating with civil authorities around the world instead of protecting abusive priests, moving them from parish to parish or subjecting them only to canon law, said Peter Saunders.

Peter Saunders, who was sexually abused as a child in London by two Catholic priests and the headmaster of his Catholic primary school, was appointed by the Pope to a new Vatican commission on child protection, which will hold its first full meeting on Friday in Rome.

“The Pope should release all the documents the Vatican has on abusive priests,” he said in an interview shortly after arriving in Rome for the meeting of the Pontifical Commission for the Protection of Minors.[...]

New York Times' "The Orthodox Sex Guru" - furthered an inaccurate stereotype that Orthodox Jews are clueless about reality

Times of Israel     Last week, the paper of record contained a 3,000 word profile piece on Bat Sheva Marcus “Orthodox Sex Guru” who feeds into the hands of the New York Times by furthering the ignorant stereotype of unworldly Orthodox Jews clueless in the bedroom.
See original post

You don’t have to be a guru to recognize that rather than remaining in the dark ages as Marcus describes, in the last few years, Orthodoxy has been advancing in healthy sexual awareness, building on our rich treasure trove of holy traditions surrounding the spousal relationship. 

The Orthodox community in Israel is paving the way for healthy discourse and learning surrounding intimacy and sexuality. Where Dr. Marcus finds it challenging to gather a crowd for sexuality training course, we are seeing the opposite here in Israel.

In my work as an educator and therapist, I have found that the words ‘Orthodoxy’ and ‘Sex’ are not incongruous, but describe a fast growing and important area. There are a number of burgeoning organizations that offer training in the topic of intimacy to a variety of medical professionals, as well as kallah and chatan teachers.

In addition to numerous private practitioners, organizations like the Eden Center, Merkaz Yahel, the Puah Institute, and Nishmat’s Yoatzot Halacha Program, to name a few, are all doing pioneering work in expanding the healthy discussion surrounding intimacy and sexuality within the religious community in Israel.

In America steps are definitely being taken in this direction with pioneers taking the field in the form of religious and community leaders, among them; Drs. Scott and Rivky Chudnoff as well as Chani and Shmuel Maybruch. [...]

Royal Commission: Rabbi Gutnick shakes as he tells of phone call that he thought was a prank, a decision he ‘profoundly regrets’

The Guardian

Rabbi Moshe Gutnick, a senior judge of the Sydney Beth Din rabbinical court, now worked with victims of child sexual abuse and encouraged them to go to police without fear, he told the royal commission into institutional responses into child sex abuse on Wednesday.

Gutnick said he received the phone call in 1987, when he was a teacher at the orthodox Yeshivah Centre Bondi, and it was the first time he had heard of sexual abuse there.[...]

“I then subsequently forgot about the phone call because I thought it was nothing more than children playing a prank,” he told the commission.

Gutnick became emotional as he described how in 2011 a man asked to meet him. 

“This proved to be a life-changing experience,” Gutnick said before commissioner Justice Jennifer Coate.

“At my house the man asked me if I remembered receiving a phone call from a young boy in the 1980s, during which the young boy reported Gug for child sexual abuse. He told me that it was him, and that Gug had sexually abused him.

“I was shocked. It was the first time I had come face-to-face with a victim.”

Gutnick began to shake as he told the commission at Melbourne’s county court that after speaking to the victim he resolved to do everything in his power to make sure the voices of sex abuse victims were heard. [...]

Manny and Zephaniah Waks tell royal commission about sex abuse ordeal at Yeshivah Centre

abc

The only survivor of abuse within Melbourne's Jewish community to speak publicly, he has become a name synonymous with the fight against sexual abuse in the Jewish community worldwide.

However it has come with a cost.

Mr Waks has felt so ostracised by the ultra-orthodox Chabad Jewish community that he moved his family to France to start a new life.

Only days ago he returned to Australia to give evidence at the royal commission, as it hears for the first time allegations of abuse in Jewish institutions.

"You know on the plane ride on the way here I had to pinch myself to say, 'Wow, I'm actually coming to Australia because the royal commission is happening'," he said.

"I've literally been working towards this goal, even subconsciously, for decades."

Mr Waks, 39, was sexually abused by security guard David Cyprus at the Yeshivah Centre in Melbourne in the 1990s.

He reported the abuse to senior staff at the centre but he says nothing was done.

It was only years later, when he disclosed the abuse to his father Zephaniah, that they went to police.

"There is still a significant group of rabbis, mainly within the ultra-orthodox community, within the Yeshivah Chabad community, who would not support victims to go to the police," Mr Waks said.

"It causes untold damage.

"The reality is we don't even know how much damage it does because we don't know how many victims are out there thinking, 'I'd better not go because it causes all sorts of things'." [...]

In national abuse probe, leading Australian rabbi decries Orthodox community’s ‘cover-up culture’

JPOST

A senior Australian rabbi told a government commission of inquiry on Wednesday that the Jewish-Australian Orthodox community was guilty of covering up sex crimes against its members, going so far as to use intimidation to prevent people from coming forward.

In testimony before the Royal Commission into Institutional Responses to Child Sexual Abuse, Rabbi Moshe Gutnick, a senior Chabad leader in Sydney and the head of the Organization of Rabbis of Australasia, said that “a culture of cover-up, often couched in religious terms, pervaded our thinking and our actions.”

Gutnick asserted that those who reported abuse were labeled mosers (“informers”), and subjected to social ostracism, according to The Guardian.

Such actions are a “gross misuse of rabbinic power,” he said, adding that those who push for victims to go to their rabbis rather than the authorities are trying to “hush it up, to cover it up, to prevent the victim from finding redress. There is no doubt at all: Mesira [‘informing’] has no application whatsoever to instances of child sexual abuse. To use mesira in this way is an abomination.”[...]

Victim’s rights advocate Manny Waks, who was himself sexually abused as a student in a Chabad school, took to Facebook to praise Gutnick for his statement, which included an admission that he had been informed about allegations of abuse 20 years ago and had not followed up properly. [...]

Martin Wolmark's Plea Agreement in the Wolmark-Epstein Get torture case

 Wolmark Plea Details 
 

Mitochondrial Disease: Britain allows repairing embryo with DNA from 3rd party

BBC

MPs have voted in favour of the creation of babies with DNA from two women and one man, in a historic move.

The UK is now set to become the first country to introduce laws to allow the creation of babies from three people. 

In a free vote in the Commons, 382 MPs were in favour and 128 against the technique that stops genetic diseases being passed from mother to child. 

During the debate, ministers said the technique was "light at the end of a dark tunnel" for families.

A further vote is required in the House of Lords. It everything goes ahead then the first such baby could be born next year. 

Proponents said the backing was "good news for progressive medicine" but critics say they will continue to fight against the technique that they say raises too many ethical and safety concerns.

Estimates suggest 150 three-person babies could be born each year. 

Prime Minister David Cameron said: "We're not playing god here, we're just making sure that two parents who want a healthy baby can have one."

Life-saving The method, which was developed in Newcastle, should help women like Sharon Bernardi, from Sunderland, who lost all seven of her children to mitochondrial disease.

If wife went to secular court - husband does not need to deposit Get with beis din - unless he wants a Heter Meah Rabbonim

Rav Menashe Klein has a long teshuva (Misheh Halachos vol 14  1-11) where he states very clearly that a husband does not have to give his wife a get if she goes to secular court without the permission of beis din. He says this is the view of the majority of achronim - including the Maharsham (7:159) and Rav Moshe Feinstein. He also says that the husband does not need a heter meah rabbonim if his wife goes to secular court without permission - but that it is best for her sake to deposit a get with beis din because she might eventually withdraw from the secular court. None the less he notes it is the custom today to deposit a get with beis din when receiving a heter meah rabbonim [This is also the view of Rav Moshe Sternbuch (4:301)] Thus he claims the majority of achronim permit a man to remarry with a heter meah rabbonim if they deposit a get with beis din - to be given when the wife renounces the rulings of the secular court. If there is no heter meah rabbonim then there is no need to give a get. Thus there is no difference between the view of Rav Moshe Feinstein and Rav Moshe Sternbuch in this matter.  See the discussion in the comments to the post about Yoel Weiss

================================================

שו"ת משנה הלכות חלק יד סימן ז

עוד להנ"ל
אשה שהלכה לערכאות אי בעלה זקוק להיתר מאה רבנים, ולהשליש גט

ט) ולכן פשוט דאשה שהלכה בערכאות ועדיין עומדת במרדה בערכאות כל זמן שהיא עומדת בערכאות כתבו רבותינו האחרונים דאין צריך כלל להיתר מאה רבנים דעל כה"ג לא גזר מעולם רגמ"ה שלא יוכל הבעל לישא אשה ועם אשה זו אינו יכול לדור וגם אסור לו לדור עמה, שהרי כתב הרמב"ם (הנ"ל) שהיא גרוע מהעכו"ם ולכן ההיתר שנותנין לו הוא רק ליתר שאת ולהיות לו לכסות עינים בפני בנ"א שלא יראה כנושא שתי נשים, אבל מעצם דינא לא בעי היתר כלל וכ"כ הגאון הגדול המהרש"ם ז"ל (ח"ז סי' קנ"ט) שהאריך הרבה באשה שהלכה לערכאות כמה פעמים ומסרה את בעלה וכמה צרות והיתה מסרבת לבוא לב"ד ומסיק להתיר לבעלה לישא אשה בלי היתר מאה רבנים אלא שיעץ אותו הבעל שישא אעפ"כ רק בהיתר מאה רבנים ע"ש, וכ"כ האחרונים הלכה למעשה.

י) וכיון דלא צריך הבעל היתר מאה רבנים כ"ש דלא בעי להשליש גט בב"ד כיון דמעיקר דינא השלשת גט כמעט לא נזכר בראשונים אלא שהנוב"י (א"ע קמא סי' ג') כתב לא רצינו לבטל מנהג ראשונים כי אולי רגמ"ה התנה כך שלא יתירו רק בהשלשת הגט היכא דמתירין לגרש בע"כ (ועיין בי"ש וקצ"ע) ולא תקנו אלא היכא שהיא מסרבת לקבל גט שנמצא כמגרש בע"כ או שהיא חולה, אבל היכא דלא בעי היתר מאה רבנים לא בעי להשליש גט נמי לפי רוב האחרונים ז"ל וכמו שכתבנו לעיל בשם הגאון מהרש"ם זצ"ל וכ"כ הגרמ"פ זצ"ל.

ומ"מ לעצם הענין כיון דנוהגין כהיום ליתן היתר מאה רבנים מאן יקל ראשו להתיר בלי מאה רבנים וגם בלי להשליש גט יהיה מאיזה טעם שיהי', וכ"כ האחרונים הנ"ל דלכתחילה יש לקבל היתר של מאה רבנים אפי' בכה"ג. ולפענ"ד הוספתי דאפשר דכאן יש להשליש גט אפי' היכא דנושא בלי היתר מאה רבנים דהני תרי מילי נינהו ההיתר הוא שיוכל לישא וכיון שהוא מותר לישא בלי היתר א"כ ההיתר לא מעכב, ומיהו הגט שהיא לטובתה ואפשר שתתחרט ותחזור מהערכאות ותתרצה בדיני תורה ובגט ותקבל על עצמה דיני תורה, לכן יש לסדר גט בכל אופן ולהשליש.

Weiss files motion to dismiss Rivky's remaining claims because they are lies

Uziel Frankel

Update - see Weiss supplement to motion to dismiss Feb 11 2015

At this point Rivky has failed to produce evidence for any of her claims against her husband or his family. Most of the claims have beenr rejected by the courts. It has clearly been shown that her beis din is not an actual beis din and the seruv and the psak that were issued are not authentic.

 This document asserts bluntly that her claims are lies and provides evidence to support this claim. Furthermore it alleges that Uziel Frankel is the mastermind behind Rivky's campaign against Yoel Weiss and his family. 

Rivky's Face Book Picture

It is now up to the judge to decide whether to throw out Rivky Stein's case and thus vindicate Yoel or to accept the possiblity that the charges are valid and proceed with a trial.

This is the 6 page filing. It does not include the supporting documents which will be published later.



==========update Feb 3 ==
SEE Rav Menashe Klein's teshuva  that states the majority of achronim(including the Maharsham and  Rav Moshe Feinstein] pasken that if the wife goes to secular court without the permission of beis din - the husband does not need to deposit a get with beis din - unless he wants a heter meah rabbonim [as stated by Rav Moshe Sternbuch]. She only receives the get when she renounces all rulings of the secular court

 Weiss filing 

Tzohar Conference: What Happens to Sexually Active Orthodox Singles?

Forward    When it comes to singles and sex in the Jewish community, Orthodox spiritual leaders have a dilemma. They can pretend it’s not happening, or they can open a difficult dialogue with their constituents.

Last week, the Israeli rabbinic organization Tzohar attempted to address this issue in a groundbreaking conference, “In the First Person: Sexuality within the Family and Religious Society.” Tzohar trains rabbis to perform participant-friendly wedding ceremonies at no charge. Its female volunteers teach Jewish and secular brides the Jewish laws surrounding immersion in the mikveh (ritual bath) before and after marriage. The event was attended by the female volunteers, and the wives of Tzohar rabbis.

“Many singles today feel that it’s their right to express their sexuality,” said panelist Rabbanit Chana Henkin, director of the Nishmat seminary for women, calling sexuality among Orthodox singles the elephant in the room. “Despite our discomfort with the topic, educators and community leaders must be prepared to discuss these issues openly.”[...]

“The problem is only going to become more acute,” says Dr. Naomi Grumet of Jerusalem’s Eden Center, an initiative that hopes to “transform” the mikveh. “People have higher expectations and want to accomplish things, like travel and education, before they settle down. Also, when they have done these pursuits, they aren’t necessarily willing to come back and marry the boy or girl next door. It is likely to take more time to find someone.”

Like Henkin, Grumet doesn’t want to see sexually active singles ostracized. “Singles who are sexually active may feel they don’t have a place in the community. Yes, it’s happening, and it’s forbidden by Jewish law. But a lot of people transgress in other areas of religious practice, yet still feel welcome within the community.” [...]

Dozens arrested as Haredi protest arrest of yeshiva students who refused to enlist

YNET

Dozens were arrested Monday morning when hundreds of Haredi men protested across Israel, blocking roads in protest against the arrest of yeshiva students who had been classed as deserters after deliberately missing their IDF enlistment.

Demonstrations were held in Jerusalem, Ashdod, Hadera, on the outskirts of Bnei Brak, at the entrance to the religious community of El'ad and at Shiloh junction. [...]

The demonstration in the capital was attended by the Jerusalem branch, an extremist Lithuanian Haredi group, who held up signs reading, "Going to recruitment offices is entering enemy territory". A text message was sent to thousands of yeshiva students Monday morning saying, "those who have not yet been arrested must continue protesting – we cannot remain silent about the arrest of the yeshiva members".

Jury Selection Process Begins in Mendel Epstein Kidnap and Divorce Conspiracy Trial

Shore News Network    TRENTON-Today, the jury selection process began in the trial of  U.S. v. Epstein – Mendel Epstein, 68, of Lakewood, New Jersey, an orthodox Jewish rabbi charged with conspiring to kidnap and force Jewish men to grant their wives religious divorces; trial scheduled to start Feb. 17, 2015.

The hearing will be presided over by the honorable Judge Wolfson.

On May 22, 2014, A federal grand jury  indicted four Orthodox Jewish Rabbis and one of their sons for allegedly conspiring to kidnap and force Jewish men to grant their wives religious divorces, U.S. Attorney Paul J. Fishman announced.

The indictment charges all five men with kidnapping conspiracy and variously charges the defendants with specific instances of kidnapping and attempted kidnapping. Rabbis Mendel Epstein, Martin Wolmark, Jay Goldstein, a/k/a “Yaakov” and Binyamin Stimler had previously been charged, along with others, with conspiracy to commit kidnapping in a complaint unsealed Oct.10, 2013. Four of the others charged, including Jay Goldstein’s sons, Avrohom Goldstein, 34, and Moshe Goldstein, 31, both of Brooklyn, N.Y., have since pleaded guilty to extortion charges in connection with the case. The rest of the charges are pending.

David Epstein was previously charged with a 2009 kidnapping to compel a religious divorce, or get, in a complaint filed on May 15, 2014.

Rav Sternbuch's letter in response to the demonstration of the Sikrikim

לאחר תקופה ארוכה שגורמים ידועים משמיצים את ה"עדה החרדית" ואת מרן הראב"ד שליט"א העומד בראשה, בפרשיית פרויקט רמת אברהם במתחם שנלר, עד כדי הפגנת קומץ סיקריקים מתחת ביתו של מרן הראב"ד, וזאת בשל רצונם להעביר לרשות אתר"ק פיקוח מלא במתחם שנלר, כותב מרן הראב"ד שליט"א מכתב ברור בעניין.

"אודות האסיפה בענין מתחם שנלר, ישבנו בבית דין אור ליום ד' והחלטנו שצריך השגחה ומנינו הרב ליפשיץ נ"י כמשגיח לבד כשליח בית דין".

מרן הראב"ד מדגיש: "ויסכר פי דוברי שקר שמוציאים לעז שאני מתיר ח"ו לפגוע במקום".

מרן הראב"ד ממשיך בדבריו הנחרצים נגד מפיצי השמועות כי דעתו להתיר את המשך החפירות במתחם: "אני לא מוחל להם לעולם".

ומה שעשו למחרת בבוקר בלעדי לא נוגע לי כלל ונעשה שלא בנוכחתי.

והקב"ה יסיר כל לזות שפתיים וימהרו לחזור בתשובה"

Violent clash in Ponevezh Monday morning

Arutz 7   Student arrested for assaulting yeshiva dean, leading to all out clash between rival factions vying to control flagship Lithuanian yeshiva.

A violent clash occurred on Monday morning at the flagship Lithuanian-haredi Ponevezh Yeshiva in Bnei Brak, the largely haredi suburb of Tel Aviv, after the yeshiva's dean Rabbi Shmuel Markovich was assaulted by a member of an opposing faction who was later arrested.

The attack was reported by yeshiva students who witnessed it on Sunday night, and on Monday morning the student suspected of hitting the rabbi was arrested. He denied the charges, claiming that instead he was attacked by followers of Rabbi Markovich.

Following the incident, several other students were wounded as violence flared up between the two opposing factions, with witnesses saying that tear gas was even used in the confrontation. [...]

BHOL

פוניבז' בוערת: עשרות התפרעו, ראש ישיבה הוכה

הגר"ש מרקוביץ, ראש ישיבת פוניבז' מפלג 'המחבלים', הותקף • תלמידיו פרצו לפנימיית 'נווה שלום' של הפלג היריב

אלימות חסרת תקדים בישיבת פוניבז'. תלמידי הישיבה מפלג ה'מחבלים', פרצו לפנימיית ה'שונאים', לאחר שראש הישיבה, הגר"ש מרקוביץ הוכה.

אתמול ביקש הגר"ש מרקוביץ' מתלמידיו, פלג 'המחבלים' בישיבת פוניבז', לשוב ללימודיהם, אך למרות זאת הערב שוב פרצו מהומות במהלך תפילת ערבית.

כאשר בחורי 'המחבלים' ו'השונאים' נאבקו ביניהם מי יתפוס את עמוד התפילה. במקום החלה התפרעות והותז גז מדמיע.

בהמשך לכך, לפי טענת התלמידים, בעת שראש ישיבת פלג ה'מחבלים' הגר”ש מרקוביץ שוחח בלימוד עם עשרות מתלמידיו ברחבת הישיבה, ניגש אליו אחיינו הרב יוסי כהנמן, בנו של נשיא ישיבת פלג ה'שונאים' הגר”א כהנמן, ותקף אותו, במקום פרצה קטטה רבתי.  

Why do non-Orthodox rabbis marry Jewish same-sex couples but not interfaith same-sex couples

NY Times  When Julia Spiegelman and Erina Donnelly, two teachers who met as undergraduates at Bryn Mawr, became engaged, they were looking forward to planning a wedding that included elements from both of their religions.

Ms. Spiegelman grew up attending a Reform synagogue in Andover, Mass., and Ms. Donnelly was raised a Roman Catholic.

The two women attend Jewish and Catholic services together, and they had hoped to find marriage officiants from both religions, which they did not think would be difficult. Most non-Orthodox rabbis officiate same-sex weddings, and while they could not expect to find a Catholic priest to officiate, they planned to ask a layperson from Dignity/Boston, a community of gay, lesbian, bisexual and transgender Catholics, to take part.

So one Sabbath morning, they approached the rabbi at their Boston-area synagogue, a liberal congregation unaffiliated with any particular branch of Judaism.

“We were really confident it was going to be this rabbi,” Ms. Spiegelman, 29, said, sitting in the condominium that she and her fiancée recently bought.

But the rabbi told them that she could not perform the wedding. The problem was not that Ms. Spiegelman wanted to marry a woman — it was that she wanted to marry a non-Jewish woman.

“In retrospect, I can’t believe we were so naïve and trusting,” Ms. Spiegelman said. “We were so excited to tell her we were engaged and wanted her to do our wedding, and she was like, ‘I don’t do that.’ ”

“That was a real blow to us,” she said as their cat, Laurie (named for the “Little Women” character), moved about the cozy living room. “We’d understood that she perceived our relationship as legitimate and would see our marriage as legitimate. And it really hurt us to be rejected for that reason.”

To many, the rabbi’s refusal seems paradoxical. If clergy can embrace same-sex marriage, why can’t they marry a Jew to a non-Jew? But for Jews, troubled by declining levels of affiliation, the concern about interfaith marriage is strong. A majority of Jews now marry outside the faith, and, according to the major 2013 Pew survey of Jewish identification, millennials with one Jewish parent are far less likely to consider themselves Jewish than those with two Jewish parents.[...]