Saturday, May 16, 2015

Barry Freundel Sentenced to Nearly 6 1/2 Years in Voyeurism Case

NBC  A once-prominent Orthodox rabbi who admitted to secretly videotaping scores of women in a changing room at a Jewish ritual bath was sentenced to nearly six and a half years in prison Friday.

Rabbi Bernard "Barry" Freundel was sentenced in Washington, D.C., court after 16 of his victims -- some in tears -- spoke against him, sharing their pain and suffering during the three-hour sentencing. [...]

Freundel was sentenced to 45 days on each of 52 counts of voyeurism to be served consecutively, which comes to 2,340 days in prison, or just less than six and a half years.[...]

"I can't imagine ever giving into this impulse again," he said.

But Judge Geoffrey Alprin said there was no excuse.

"The defendant repeatedly and seriously violated the trust and abused his power," Alprin said. "The conduct is despicable. There is no justification. The defendant lured victims to the mikvah and secretly recorded them undressed without their knowledge or permission."

Thursday, May 14, 2015

World Jewish Congress VP Adamovsky guilty of £22m fraud

Jewish Chronicle    A court has found that Andrey Adamovsky, vice president of the World Jewish Congress, defrauded former business partners to the tune of $34.7 million (£22.3m).

A civil court judge handed down the verdict last October, but Mr Adamovsky, who was found to have illicitly deprived two co-owners of his Oledo Petroleum company of their 45 per cent share of its sale, has not yet paid them back. [...]

Mr Kenney, a Canadian lawyer who specialises in prosecuting large-scale fraudsters, said it was “unconscionable” that a proven thief could still represent the WJC. 

He said: “It’s shocking to me that a reputable organisation like the WJC would make such an appointment.”

A WJC representative said: "Mr. Adamovsky is a member of the WJC Executive by virtue of having been being elected co-chairman of the Vaad of Ukraine, which under the WJC Constitution automatically makes him an ex-officio member of the WJC Executive Committee. Mr Adamovsky’s civil litigation over a commercial dispute is totally unrelated to the World Jewish Congress or the Jewish community of Ukraine. It began and ended well before he became a member of the WJC Executive Committee in March 2015.[...]

Jerusalem School bus assistant confesses to sexual abuse

YNET

חשד: מלווה הסעות ביצע מעשים מגונים בילדים

נהג אוטובוס בירושלים הבחין בחשוד מבצע מעשה מגונה בילד והזעיק משטרה. בחקירתו הודה בעשרות מקרים נוספים בהם ביצע את המעשים בילדים בני 6-4. משפחתו טוענת שאינו כשיר לעמוד לדין. מעצרו הוארך
 

משטרת ירושלים עצרה אתמול (רביעי) צעיר יהודי שעובד כמלווה בהסעות ילדים, החשוד בביצוע עשרות מעשים מגונים בילדים בני 4-6. החשוד, אברהם נתן ברנט (35) נעצר אתמול לאחר שנהג אוטובוס הבחין בו מבצע מעשה מגונה בילד בן 4, בזמן שהיו ברכב הסעות. הנהג עצר את האוטובוס באופן מיידי והזעיק את המשטרה.


בחקירתו הודה ברנט במעשה והתברר כי לא מדובר במקרה אחד.

Wednesday, May 13, 2015

Rav Dovid Eidensohn: Telephone Conference Shiur #7 - Negating a Marriage without a GET Shiur on Wednesday night 9:30 May 13

Shiur on Wednesday night 9:30 May 13 – Call 605-562-3130 then enter code 411161#

1. HaGaon Reb Moshe Feinstein in EH IV:52 writes that if a woman marries and finds out that the husband has a great defect, that the marriage can be negated without a GET. Cases are that the husband cannot have BIAH, or the husband is a Shoteh.

2. In EH IV:113 Reb Moshe permits the wife to remarry if her husband is discovered to be strongly involved in homosexuality. But this only applies if the wife, immediately upon learning about her husband’s problem left him and did not return.

3. However, “If it is impossible to get a GET from him we permit her to remarry, but if it is possible to get a GET from him we must do everything possible to get the GET.”

4. But why is there such a need to get a GET that everything possible, such as paying large sums of money, must be invoked? And the answer is, that it is extremely rare to find a Rov who permits a married woman to remarry without a GET, and even Reb Moshe commands us to get a GET at any cost, if possible

5. Also, Reb Moshe in EH I:79:1 brings from the Beis HaLevi Simon 3 and the Kovneh Rov, AIN YITSCHOK 24:6 and BIARE YITSCHOK 4:3, Gedolei hador in the time of the Chofetz Chaim who were are not sure that the marriage is negated by a great Mum or blemish.

6. The Kovneh Rov brings in AYIN YITSCHOK I:EH 24:7:44 that some authorities feel that there is a doubt whether if there is a great defect the marriage is negated: Chavass Yoir, the Besomim Rosh, Rashbatz and Shevuse Yaacov did not want to permit remarriage without a GET. If so many great authorities were not sure of the halacha with a great blemish and refuse to permit the wife to remarry, Reb Moshe took upon himself to permit this. But this does not mean that we do this as we see that the majority of the great authorities from previous generations did not consider the woman free to remarry.

7. Reb Yosef ben Leib, considered by some the rebbe of Rebbe Yosef Karo, writes in volume two IV:19:3, Regarding a woman remarrying when she may be forbidden to do this, we are stringent and forbid this, even if most authorities permit it.” What if most or all other authorities forbid it? That is the situation with Reb Moshe’s opinion about permitting a woman to remarry when nobody agrees with him. But there is another problem with this heter.

8. Reb Moshe himself says that the person who wants to cancel the marriage can only do so when the great blemish is discovered and immediately, without delay, the person leaves the house and has nothing to do with the blemished person. This is found in Chelkas Mechokake EH 39:9.

9. My question is: Let us assume that a blemish does permit a woman to be free of the marriage. But who knows that the wife immediately fled from the husband? Of course, now, hours or days or weeks later, she may have decided to leave. But if she delayed even by a small span of time, she is not free. And is it not likely that the woman was in a great state of shock and struggled to think things over. Leave? Maybe yes, maybe not. Perhaps being alone is worse. What would people say? Who will support me? What will the children say? How will the children ever marry if people know that their father was an active homosexual? What if the wife wants to straighten out her bank account that has large sums that if she has a few days can be in her favor, but if she just runs away, she may lose everything? What is the halacha about that? Who takes the responsibility to say it is not a problem?

10. Another problem is one I learned the hard way. I once needed a GET from somebody who would not allow a rabbi into his office. Reb Moshe had a teshuva permitting making the GET. A rabbi agreed to do the GET on the condition that he personally not give a document that the woman was properly divorced. Rather, he would write that according to Reb Moshe the GET was kosher. At that, I called Reb Moshe’s gabei and was told, “Just because it says that in the Teshuva sefer, does that mean that we do it?” I was stunned and just hung up. I called up Reb Aivigder Miller zt”l who told me, “Reb Moshe became stricter later in life and regretted some decisions he had made in earlier times. When the world was a complete disaster Reb Moshe felt he had to be very lenient. But as the word got frumer Reb Moshe pulled back.

11. If so, who says that anyone should do what Reb Moshe permits in this case when all rabbonim disagree with him?

12. I heard from the assistant to Rav Henkin, Rabbi Margolin, a similar thing. We used to doven in the same shull and we would talk. He told me that he constantly asked Rav Henkin to put out his teshuvose, because he was the posek hador in America before Reb Moshe, and he had a huge amount of teshuvose. But Rav Henkin refused. He felt that his teshuvose were for a lost generation, and he hoped that better times would come when his teshuvose were not appropriate.

13. If so, when we find an incredible chidush from Reb Moshe, who says something that nobody else in the world accepts, and what the greatest authorities discuss in depth and reject Reb Moshe’s leniency, who can go release a woman from a marriage and have her remarry and have children after that? Probably, there is a serious doubt if Reb Moshe himself would continue to hold this opinion. And even if he does maintain his leniency, how can we permit a woman to remarry when all of the great rabbis who discussed this refused to permit her to remarry? And how do we know that she really left immediately when finding out the problem with the husband?

14. Another problem. A marriage made with the understanding that it will only be viable if such and such are done. Or a marriage that is only viable if a person does not have a certain problem. If the condition is not fulfilled do we cancel the marriage? If the marriage was made with ERUSIN alone, only giving a ring, for instance, and the condition is not fulfilled, the marriage is off. But if the couple had CHUPAH or intimacy, the condition may be cancelled. See Shulchan Aruch EH 38:35.

15. “One who makes ERUSIN with a condition [that cancels the marriage if the condition is not fulfilled], but has relations with his wife without mentioning the condition, [and the condition is not fulfilled seemingly canceling the marriage] she needs a GET [meaning she is married despite the condition that cancelled the marriage] even though the condition was not fulfilled. We suspect that he negated the condition when he had relations with her or brought her into his home. Ramo – And if somebody else marries her she needs a GET from both of them.” We see from this that even when somebody says he will marry only if a certain condition is fulfilled, and the condition is not fulfilled, if he has relations or CHUPAH with his wife, we fear that he negated his conditions. This could be because “nobody wants to have marital relations that are zenuse.” See also EH 38:36 at the end that she is married after the intimacy and he must give her a KESUBO even if the condition for the marriage is not fulfilled.

16. Thus although if somebody makes a condition to marry and the condition is not fulfilled the marriage is off, that only applies to ERUSIN, without CHUPAH or BIAH. But if somebody makes a condition that only with this condition is there a marriage and then there is CHUPAH or intimacy, there is a serious question if the condition is negated by the CHUPAH or intimacy. Because once a person has CHUPAH or intimacy and still presses the condition, the marriage is off. And the CHUPAH and intimacy were outside of a marriage, or Zenuse. Therefore, it is quite possible that any condition made for ERUSIN is negated upon CHUPAH or intimacy. But a woman married with CHUPAH or intimacy, even if we would normally assume that no man or woman would accept such a blemish in marriage, this is only prior to CHUPAH. But once there is CHUPAH conditions are negated so that the intimacy is not Zenuse. If so, in all cases where the marriage is negated because of a MUM or serious problem, once there was CHUPAH it is possible that the marriage is still viable to prevent BIAS ZENUSE.

17. See Yevomose 107 “Nobody makes his intimacy Zenuse” and “a marriage made with certain conditions, those conditions are negated when the couple is together” means basically that the marriage with CHUPAH survives the requirement of conditions. This is a complicated topic but surely it is not a simple thing to free a woman who is married to somebody who has a great blemish MUM, especially as other than Reb Moshe nobody permits it, and everyone forbids it. And, as I mentioned earlier, Reb Moshe’s teshuvose often contain material that he personally refused to permit in later years. Perhaps this is one of them.

Behar 75 True Freedom and Autonomy by Allan Katz

Allan Katz     The portion-parasha of Be'har Lev. 25:10 talks about sanctifying the 50th year- the Yovel= Jubilee and proclaiming freedom-' dror' for ALL its INHABITANTS, it will be a Yovel for YOU; you shall return each man to …. His family.

The importance that all people should be free is because God says in verse 25:55' For the Israelites are servants to me, they are my servants whom I have taken out of the Land of Egypt.' They cannot serve another Master but God alone. Because God has taken the Israelites out of the Egyptian bondage– and each Jew has to see as he himself left Egypt- , they owe their lives and freedom to Him. Because they are totally indebted to Him, they are willing to give their lives to Him as His servants. Here are 2 questions.

1 Why do we celebrate freedom in the Jubilee year if that freedom means we have to submit us ourselves to a new Master? 2. Verse 25:10 talks about freedom for all its inhabitants, should the verse not read freedom for all the indentured servants and a Jubilee for them and not for YOU who are already free?

First, we must define what true freedom or autonomy is. According to the SDT – Self Determination Theory a person is autonomous, self-determined and self- directed when he endorses his actions at the highest level of reflection. When self-determined people experience a sense of freedom to do what is interesting, personally important, and vitalizing this often happens when we do things enjoyable or interesting and they are an expression of our deepest values. When a person's basic needs for autonomy, competence and relatedness= having a sense of belonging and feeling supported people are met , people feel self- determined and are intrinsically motivated and engaged. It also leads to enhanced performance, persistence and creativity.

Autonomy does not mean independence. It is a state of mind. We can very willing subject ourselves to a security check at the airport because we identify with its value and purpose. In the same way we act with volition when we intentionally choose to subject and commit ourselves to God and his Torah. And this is what the Sages say –the only people who experience true freedom and autonomy are those who deal and are involved with revealing God's will through the Torah. In this way they follow the example of Abraham, the Patriarch in the leadership role of serving God and being of service to man. To be a servant of God one has to be a leader who can inspire people and such a person needs to be truly free, autonomous, self-determined and powerful.

It is not only the master- servant or master-slave relationship where the master is' controlling' and denies the servant any autonomy, but often in a marriage – husband and wife, in the family –parent and child in the workplace – boss and employee, or in school – teacher and student where people with power – boss, teacher and parent or even a spouse are very controlling, dominating and sometimes intimidating. The truth is that it is not only the people who are being controlled whose needs for autonomy are not met, but the person who has a need to control others does not experience autonomy and true freedom. The need and goals of autonomy are intrinsic – more about the person himself, his self-control, ability to teach, inspire, influence and lead because of his ability –competence and relationship with people. The person who needs to control others has extrinsic needs and goals for power and control over people. They compensate for feelings of weakness, insecurity, low self-esteem, fear of losing control, and relationships where there is no trust and connection. So the controlling person lacks true freedom and autonomy because he is being controlled by his fears and inadequacy.

The Jubilee and call for true freedom is directed to all the inhabitants. Not only do people with power have to relinquish control and support the autonomy of their servants, employees, spouses, students and children but people who have power to be controlling have to focus on intrinsic needs and goals of autonomy, competence and relatedness so they can lead by their greatness rather than by their power, position and status. If one gives up control, one gains influence and connection.The servant returns to his home to lead his family in the ways of God. If he feels autonomous , perceives himself as competent , feels a love for his family and respects them and their autonomy he will be highly motivated and feel a sense of true freedom in serving God and being of service to man.

Education is about building leaders. Leaders are not servants, but they lead themselves, and others in serving God and being of service to man. If we address our kid's needs for autonomy, competence and relatedness they will make the Torah theirs, and be leaders in their own way.

Tuesday, May 12, 2015

A slave who fulfills the wishes of his master is as beloved as a son?

 update - added page from Artscroll Yerushalmi below
I was recently looking at the Kehati Mishna to Berachos (2:7)


The last line is the issue. A slave that faithfully serves his master is as dear to the master as his son.


My first problem is I don't know where this quote is coming from. Assuming it is valid - it offers an interesting insight into not only master slave relations - but any relationship where one party is dominant i.e., marriage or parents and children.

We know for example that Jews are described as both G-d's slaves and His children. Does obedience create the relationship of father to son. Or is that inherent and only when they are disobedient do they acquire the negative relationship of slaves?  Similarly do we say that the starting point in any marriage is love - but that is lost because of failure to fulfill the wishes of the spouse? Or  does the subservient status of a wife only turn into love by obedience?

All this has major implication - so the question is where is the Yerushalmi he quotes? It is not part of the Gra that he quotes and I could not find it in the Yerushalmi to this Mishna.

The Hebrew Kehati text is וכן אמרו בירושלמי שעבדו המשמשו כרצונו חביב עליו כבנו


update:

The issue is discussed in the Artscroll Yerushalmi Berachos 2:8 below - in particular comments 20-21

#20 states: In the Rishonim it seems that their text of the Yerushalmi contained the phrase "From this we learn that a person's student is as beloved to him as his son and similarly his slave who serves him faithfully is like his son." see Tosfos HaRosh, Ritva found in Shita Mekubetzes, Rashba...
#21 According to Rabban Gamliel his slave Tevi is to be related to as a free man who is beloved and and as important to him as his son. ...



Which rabbi in Sanhedria is so obsessed with pedophiles that he secretly put camers in the men's mikve?

update BSHCH

YNET   A rabbi was detained last week following complaints that he had installed a camera in a men's mikveh (ritual bath) in the ultra-Orthodox neighborhood of Sanhedria in northern Jerusalem.[...]

Recently, rumors began circulating in Sanhedria that hidden cameras had been installed in the place, documenting the naked men during the ritual immersion.

After some of the men who visited the mikveh confirmed the suspicions, several complaints were filed with the police and investigators were dispatched to the facility. The rabbi was detained for questioning.  [...]

Some of the residents defended the rabbi's unusual move, explaining that he was concerned by the rise in pedophilia incidents and sexual assaults in Jerusalem's haredi neighborhoods. The rabbi's associates explained that he had tried to deter sex offenders by installing security cameras in the mikveh. [...]

Monday, May 11, 2015

Senior rabbi Zvi Telsner on committee that helped accused sex predator Malka Leifer flee Australia, court told

Herald Sun     A SENIOR rabbi accused of covering up sex crimes at Yeshivah College formed part of a committee that helped accused sex predator Malka Leifer flee Australia, a court has heard. 

Mrs Leifer fled Australia just days after the Adass Israel School committee of management was told of allegations she abused at least three sisters and a string of other girls.

Yeshivah Centre chief rabbi Zvi Telsner was on Monday named as a member of a panel that decided to terminate the former Adass Israel School principal’s employment and help her flee Australia in 2008.

It comes as Mrs Leifer was on Monday night expected to fight an application for her extradition from Israel to face criminal charges here.[...]

Current principal Israel Herszberg told the Supreme Court that Rabbi Telsner formed part of a panel that decided how to handle the allegations.

The panel ultimately decided to suspend Mrs Leifer and send her back to Israel using school funds, he said. [...]

The revelation Rabbi Telsner was involved in a second alleged cover-up is expected to increase mounting pressure for him to resign.

Insiders said it was evidence of a wider culture of cover-ups, bullying and denial that exists in the ultra-orthodox community.

One alleged victim said as recently as last month he was “told off” for reporting a matter to authorities.

There has been increasing pressure for Rabbi Telsner to step down following evidence he gave to the royal commission in February that included a claim that paedophiles and gay people could be “cured”.

He was also accused of encouraging the shunning of child sex abuse victims, a claim he has denied.[...]

Limits of accomodation?: Autistic girl removed from flight for being disruptive

Fox 12

A Tigard family says they were kicked off a plane mid-flight this week because of a misunderstanding with their autistic daughter.

The family tells FOX 12 this happened on Tuesday night, when they were flying on a United Airlines flight from Orlando to Portland.

Donna Beegle says it all began when she noticed her autistic daughter Juliette, 15, was getting hungry.

Beegle says her daughter wouldn't eat the snacks they brought for her on board the plane, and knew she needed food right away to avoid a meltdown.

“I asked the flight attendant if they had anything hot, because Juliette is very particular about her food,” said Beegle. “If it's warm she won't eat it, if it's cold she won't eat it, it has to have steam rolling off of it.”

Beegle says she was told that warm meals could only be served to first class.

“The flight attendant said, ‘there's not anything we can get you,' so I said, ‘well how about we wait for her to have a meltdown, and start crying and she tries to scratch, and then you'll want to help her.'”

After that, Beegle says her daughter started getting fussy.

That's when she says that flight attendant reluctantly brought her a hot meal from first class, and she calmed right down.

Beegle says things seemed fine after that, until the plane made an emergency landing in Utah. Police walked on board and headed straight toward her family, according to Beegle.

“Police officers said ‘we have to ask you to leave the plane,'” said Beegle. “I asked them ‘why?' and they said, ‘the captain doesn't feel comfortable flying to Portland with your daughter on the flight.'”

The family says they left puzzled and hurt by it all. [...]

United Airlines issued this statement to FOX 12 about the situation:
“After working to accommodate Dr. Beegle and her daughter during the flight, the crew made the best decision for the safety and comfort of all of our customers and elected to divert to Salt Lake City after the situation became disruptive. We rebooked the customers on a different carrier and the flight continued to Portland.”



Israeli school removes plaque honouring Lord Janner, the peer accused of sexual abuse

Telegraph    An Israeli nursery school feted for promoting Jewish-Arab co-existence has removed a plaque honouring Lord Janner, the British peer at the centre of a child sex abuse investigation
The school in Maalot Tarshiha in Israel's northern Galilee region was renamed the Lord Greville Janner Education Centre in November 2012 in recognition of the former Labour MP's work in promoting inter-religious understanding.
Lord Janner attended an unveiling ceremony along with Matthew Gould, Britain's ambassador to Israel, and local dignitaries, including the town's mayor, Shlomoa Buhbut.
At the ceremony, Mr Buhbut praised Lord Janner for "building bridges" and told him: "There is no better place in Israel than to have our kindergarten named for you."[...]

Officials at the school met last week to discuss changing its name after it emerged that there was enough evidence to try Lord Janner - who was MP for Leicester West for more than 30 years - with 22 counts of alleged sexual abuse.[...]
 ======================================

The Guardian   
A group of people who say they were abused by Lord Janner are seeking a formal review of the decision not to prosecute the former Labour MP following child sex abuse claims.

Alison Saunders, the director of public prosecutions, decided not to charge the 86-year-old peer on health grounds, despite saying there was enough evidence to prosecute for 22 sex offences against nine people.

Janner, who now has dementia, was accused of carrying out a catalogue of abuse against young boys, and more than a dozen people came forward to claim he abused them during the 1960s, 1970s and 1980s. [....]

Sunday, May 10, 2015

'Peeping rabbi' Barry Freundel could face 17-year sentence

update from Washington Post - 25 page memo from prosecutor

Haaretz    Prosecutors are seeking a 17-year prison sentence for a prominent Washington rabbi who pleaded guilty in February to secretly videotaping dozens of women during ritual baths, court documents filed on Friday showed. 

Prosecutors say Rabbi Barry Freundel, 63, recorded the women between early 2009 and October 2014 using devices installed in two changing rooms for the National Capital Mikvah, which is next to the Kesher synagogue in the upscale Georgetown neighborhood. 

The prosecutors said in court papers they were asking the judge to sentence Freundel to four months for each of the 52 misdemeanor counts of voyeurism to which he pleaded guilty. 

That represents a third of the maximum penalty available for the judge, but the prosecutors called the 17-year recommendation “a reasonable and just punishment for this severe conduct that falls on the extreme end of the voyeurism spectrum.” 

Freundel, who also is facing civil lawsuits, is scheduled to be sentenced on May 15.[...]
================================update ============
Washington Post



In a 25-page memo, prosecutors attacked Freundel’s credibility as a religious leader and said he lived a “double life.” Prosecutors said they found videos of the rabbi, who is married, having sex with several women.

In another part of the memo, prosecutors wrote of a woman videotaped by Freundel who had been a victim of domestic abuse for more than 10 years. Freundel offered her support, even setting her up in an apartment away from her husband. Yet, un­beknownst to the woman, Freundel placed recording devices in the apartment’s bedroom and bathroom, according to the memo.

Prosecutors said Freundel used an “elaborate” cataloguing system to identify each video of his victims by number and included the women’s names or initials.

“He used his position of trust to take advantage of a place of peacefulness, spirituality, and privacy, deceiving women into attending, and surreptitiously recording his congregants, students, and potential converts ­naked,” Assistant U.S. Attorney Amy Zubrensky wrote in the memo. [...]

Friday, May 8, 2015

Another major scam in Bnei Brak: Falling for "something for nothing" - that violates the Torah

Mishpacha (May 7, 2015) has a large article regarding with the latest scam in Bnei Brak involving 80 million shekalim of debt for 500 families that have now been destroyed financially - most of the victims are kollel families and people in poor financial circumstances.

וכמו במרבית סיפורי העוקץ הקלאסים, ההתחלה היתה הצלחה מטאורית ממש: צעיר חרדי שהתגורר בבני ברק וניהל סוכנות להחלפת כספים ,אותה קיבל מבעליה הקודמים, שפשט את הרגל חצי שנה קודם לכן. במסגרת הזו הוא גם הפעיל שירות ניכיון שקים והלוואות. עד כאן הכל היה רגיל ושגרתי, אך עד מהרה הפעילות קיבלה תפנית חדשה ומסוכנת. לידידיו הרבים וללקוחות שהחלו נוהרים למשרדו הוא הציע להשקיע אצלו כספים, בתמורה לאחוזי ריבית נאים במיוחד: 2.5% של תשואה חודשית קבועה, ללא כל השוואה לריבית האפסית שנתנים הבנקים.

בתחילה, העסק דפק היטב: הוא שילם היטב ובזמן, וקהל לקוחותיו גדל בהתאם. היו שם חלפני כספים, מנהלי עסקים זוטרים, אבל בעיקר - אברכים ובעלי משפחות ברוכות ילדים שהרווחים הגבוהים סחררו את מוחם, עיוורו את עיניהם, ואפשרו להם להפקיד אצלו את מתנות החתונה, הפיצויים שקיבלו, או הכספים שחסכו לנישואי ילדיהם או למטרות אחרות. כשניסה אי מי לברר את זהות ההשקעה ומנין היכולת להבטיח אחוזי תשואה גבוהים כל כך, הוא נענה בתשובה סתמית ונשלח החוצה כדי להביט על  השלט הנמצא על גגו של המשרד המאולתר, המבטיח שהכל נעשה על פי החוק, באישור משרד האוצר.


It asks ," What has to happen in order that people understand  that  money that comes easily - disappears easily?" Aside from the familiar refrain of a financial scheme which was too hard to believe - it added another element. The scheme involved severe violations of the prohibition of ribis. The following is the interview with Rav Baruch Shraga.

ששה לאווים דאורייתא

אז נכון שאותם אנשים שנעצקי במקרה הזה ובמקרים רבים נוספים היו ברובם הגדול חרדים. אבל זה עדיין לא אומר שמעשיהם נעשו על פי תורה. למרבה הצער, ההיפך הוא הנכון. הגאון רבי ברוך שרגא, אב בית דין לדיני  ממונות ורב שכונת בגעת המבתר בירושילם. קובע שכל הפעילות הזו אסורה על פי התורה. גם אם נערך בין הצדדים היתר עסקה.

"כל ההתיר של עסקה היא כאשר מתקיימת עסקה, והמלווה הופך למעשה לשותף של הלווה. אם לדוגמא ההלוואה שימשה לרכישת דירה או להשקעה עסקית מותר ללווה לשלם ריבית בתנאי שבערך היתר עקסה. לעומת זאת, אם הכספים שניתנו בהלוואה שימשו לתשלום עבור ריביות, אין כאן למעשה כל עסיקה, ולכן הדבר אסור לחלוטין מדין תורה.  

"כל מי שקיבל ריבית כתוצאה מכך עבר על ששה לאווים דאוריתא, בדומה למי שאכל שש כזייתות של דבר-אחר רחמנא ליצלן. הגמרא אומרת שעתיד הכסף הזה להתמוטט ולהעלם, כפי שרואים במרבית המקרים הללו, כאשר לודמים זאת המספוק 'כפסו לא נתן בנשך... עושה אלה לא ימוט'. מכאן שאם יש נשך, יש התמוטטות,

"בבוסף, גם אם הכסף שניתן בהלוואה שימש לצרכיו הפרטיים של הלווה, או אפילו לנישואי ילדיו, אין כאן שם עסק והדבר אסור, בדיוק כפי שאין כל היתר להיות באוברדרפט עבור צרכי המחיה השוטפת, ולשלם על כך ריבית"    

האם יש היתר להלוואה בריבית  כאשר  הכסף משמש את הפעילות של ניכיון המחאות?
"גם במקרה הזה מדובר באיסור ריבית, מכיוון שנהוג לתת במזומן פחות כסף משווי הצ'ק הדחוי ושוב לא מדובר ברווח מעסק"