A Communication from Open Orthodoxy, with Reply

Cross-Currents

Dear editor [Cross-Currents],
On the advice of my legal counsel I wanted to put you on notice that I will pursue every legal venue available if you continue to publish Avrohom Gordimer’s libelous and unfounded accusations against me.

In his recent essay he accused me of wanting to “completely revamp” the suddur when I explicitly said in the referenced essay that I’m merely suggesting to use art work to compliment and enhance our prayer experience.

I also know that he is peddling a new essay in which he again distorts my words and accuses me of blasphemy. (I say that we should “debate” the parameters of our theology, while he claims that I “suggest” we change it.)

It’s about time I stand up for my reputation and kavod of my family. I will pursue any legal venue against your website and those of you who are behind it. That’s what I owe my wife, kids, family, students and community.

Shabbat shalom and Shana tova,
Ysoscher Katz
Rabbi Ysoscher Katz
Chair, Department of Talmud,
Yeshivat Chovevei Torah Rabbinical School; Director of the Lindenbaum Center for Halakhic Studies; Educational Director of Judaic Studies, Luria Academy, Brooklyn, NY.; Rabbi, Prospect Heights Shul.

....

We at Yeshivat Chovevei Torah stand behind Rav Ysoscher Katz whom we respect and admire deeply. Any attack on him is an attack on all of us.
Rabbi Asher Lopatin

The following post, which may still be viewed on Facebook, is also germane and is mentioned in our reply. It addresses a recent article by Rabbi Gordimer, and reading it helps to place both the communications received and our reply in context. 

You misread my essay, R. Gordimer. I asked that the critiques NOT stop. Your essays serve an important purpose, they help explain why millennials are leaving MO in droves. Your version of it feels old and atrophied, lacking passion, courage or creativity.
The fact that you are lying in order to discredit your opponents, does not help your cause either. One can't help but see a pattern here. The lay leadership used dishonesty to ruin a beautiful institution, financially. You do the same to a beautiful idea, ruining the MO ethos by using lies to discredit those who have the courage to revive and revivify an idea that no longer carries currency with the younger generation.
(In your last essay you accused me of wanting to "revamp" the siddur, ignoring the fact that I said explicitly that I'm merely suggesting to use art work to compliment and enhance our davening experience. In this essay you accuse me of adopting heretical ideas when in fact I only suggested that we should have a discussion about the parameters of our faith. But, then again, what's a little lie here and there when you have an agenda. It didn't stop YU's lay leader, why should it stop you?)
So, as I said, in the essay you mention: please continue to write. These essays help sharpen and explicate our differences. While you argue for the status quo, many others are going out in the trenches searching for language and formulations that will allow them to bring God and his Torah to a tzibbur that no longer finds either of those relevant
Gmar chatima tova to you and yours.

Ysoscher Katz

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Here, then, is our reply:

Dear Reb Ysoscher,

While only a few of the Cross-Currents writers have discussed Open Orthodoxy, we all share a Jewish tradition of open debate, argument, and even refutation. We previously believed that you do as well, and thus your communication to us comes as a disappointment.

The Talmud does not hesitate to say tiyuvta d’Rava tiyuvta — the opinion of Rava is conclusively disproven. Even a sage at the level of Rava suffered the rejection of his ideas after critical examination; that is how it is supposed to be. Those who express an opinion in Jewish thought (and, indeed, in the secular world as well) enjoy no protection from being told — correctly or otherwise — that they are wrong.

None of us believe personal attacks are appropriate. Despite your assertion that you were attacked personally, in none of your chosen examples were you even quoted by name. It is the ideology of Open Orthodoxy and YCT, as expressed in your articles and those of your colleagues, that we, among many others, have criticized.
In regard to your claim that AG distorted your intent about revising the siddur, here is what you wrote: “Tefilot have a very short shelf life. After a while they become outdated, losing their power to inspire… Revamping the entire liturgy is a rather ambitious project which could eventually happen but for now one needs to start small, doing it incrementally and let it expand with time.” Readers may decide if Rabbi Gordimer was faithful to your words’ intent, or not.

Given that the Chairman of your Board of Directors is a well-qualified attorney (to whom you cc’d your letter), it is certain that you were already informed that a libel suit would require proof of deliberate slander, and that you would not find that on our website. Thus your letter seems intended simply to protect your opinions and articles from criticism.

But in that, your letter is contradicted by your opinion as expressed elsewhere. We are unsure how to square your message to us with a Facebook post that you published within 48 hours after you sent the letter. There you wrote — commendably so — that you favor open debate and hope that Rabbi Gordimer in particular continues to write. But if you honestly appreciate the discussion, why would you send this letter? It seems inconsistent to us.

We also fear that this unusual behavior is not particularly new. Members of the YCT administration and their supporters have previously asked important acquaintances of Cross-Currents contributors to use their influence in order to mute criticism of the YCT claim to Orthodox legitimacy. This happened while those same individuals were writing publicly that they cherished the public debate! You, Reb Ysoscher, are merely the first to put both antipodal sides in writing.

This is what overrode any initial reluctance to publish your letter. Any individual, especially feeling beleaguered, can react rashly and irrationally. But when the President of YCT stood behind your words and your threat, and after a history of trying to silence Cross-Currents writers, this appears to be a pattern important enough to share with the public.

What we observe is an “Open Orthodoxy” trying to avoid a pushback that it certainly could and should have expected. It is attempting to make its changes a fait accompli within the greater world of Orthodoxy before meeting compelling rejection from within both Modern Orthodoxy and the charedi community. Open Orthodoxy is trying to obstruct open debate of its philosophy and goals, and is even trying to hide that it is doing so.

Open Orthodoxy has not merely misled the public about being Orthodox — it has dissembled about being open, as well.

That seems compellingly germane to the ongoing discussion of the Open Orthodox agenda.

Yours Sincerely,
The Editors and Writers of Cross-Currents

A Neglected Point In the Tamar Epstein Case

Guest post

I would just like to precede with an analogy to help clarify this issue. If one were to go to a Bais Din with a claim that he just purchased a car from a dealer and there was no engine inside. If the Bais Din were to declare this a Mekach Tois without speaking to the dealer and giving him the opportunity to express his position. The Bais Din would be considered at best a Bais Din Shel Hadyotis and their ruling would be null and void. The reason being that it is impossible to decide an issue without hearing both sides of the story. The dealer could very well counter with a claim that he only sold the car for parts and bring a bill of sale proving his claim. The same is true here, it is impossible for any Rov or Bais Din to declare a Mekach Tois without hearing from the husband. Since this ruling was done without the presence of the husband it is null and void. There is no heter or excuse for a UNILATERAL decree of Mekach Tois.

In my opinion discussions of the validity of the grounds claimed for Mekach Tois detract from the issue that it is impossible to unilaterally declare a Mekach Tois. All claims made for Mekach Tois are invalid unless the husband is given the right to refute them.

Tamar Epstein: R Sholom Kaminetsky repackaged this from a normal shalom bayis case into annulment

In order to fully appreciate the corruption of the halachic process involved in the Tamar Epstein case - it is important to understand that it started out as a normal shalom bayis case.

1) As noted before there is nothing in Tamar's diary description of Aharon that indicates any inherent mental health problem - and surely nothing serious enough to warrant annulling the marriage because nobody could stand living with him (Rav Moshe Feinstein's requirement).

2) In addition to Tamar we have the Baltimore Beis Din - the only beis din authorized to deal with the case - they also viewed it as a run of the mill "she wants out of the marriage case."

Beis din can categorize a case as being one of four levels of dysfunction  1) nothing serious but one party wants out and the other doesn't 2) One or both party is irritating or abusive to the other - but nothing that counselling and good will can't fix 3) One party has serious problems such as being physically abusive or suffers from mental health or physical issues which make the marriage very unpleasant. In such a case the beis din can order the husband to give a divorce. 4) the existence of a pre-existing condition that was not known to the spouse which makes marriage impossible for most people such as severe mental illness. It is not fixable and as soon as the spouse found out about it - left the marriage. This is the basis for annulment of the marriage because it was a mistake - according to the rulings of Rav Moshe Feinstein.

For 5 years Tamar Epstein demanded a Get to end her marriage to Aharon Friedman. She became the number 1 Agnua. She was featured in the media including the NY Times. She appeared with Rav Herschel Schecter in a video about the problems of Agunas. She was supported strongly by ORA with public demonstrations against Aharon and his family. A campaign was mounted to have Aharon fired from his job. And finally her lawyer admits transferring $60, 000 to Mendel Epstein to take care of Aharon. Subsequently Aharon was physically attacked by several men as he returned his daughter to Tamar's family home.

However during these many rallies, interviews etc - there was never any mention made that Aharon was deeply flawed mentally or physically. For 5 years there was no mention that this was an example of kiddushei ta'os (a mistaken marriage) and that therefore no Get was needed. Why did Tamar and her supporters waste all this time and energy - if they could have simply pulled the plug with an annulment?

It is important to remember that during all this time - Tamar was strongly supported by the Kaminetsky's. Her father was the yeshiva doctor and one of its strongest supporters. There was no effort that was spared to obtain a Get for her. This included letters from Reb Shmuel against Aharon demanding that he give a Get. This included support of ORA's demonstrations to force a Get - even though the only authorized beis din said a Get should not be forced or pressured. Rav Herschel Schacter even wrote a letter saying he bowed to the authority of Rav Shmuel Kaminetsky in Tamar's case. In short the Kaminetsky's marshaled all the forces in Heaven and Hell to obtain a Get. But there was one exception - there was never a mention of an annulment.

The following is a letter I received from a reliable source regarding the view of the Kaminetsky's for 5 years as they battled for a Get for Tamar.

Both parties agreed to have the Baltimore Beis Din adjudicate the case under binding arbitration.   The Baltimore Beis Din held three sessions on the case with the participation of both parties.  The Baltimore Beis Din refused to order that a get be given. 

Rabbi Sholom Kamenetsky testified (by phone) at one of the sessions held by the Baltimore Beis Din.  He argued that the marriage was over and that the beis din should not try to encourage reconciliation because Tamar had no feelings towards Aharon to make the marriage work.  He argued that there were basic issues between them and that the two were incompatible.  Upon questioning, he acknowledged that he had previously told Aharon that he thought the marriage could and should be saved.  However, he said that after talking further to Tamar he believed the marriage couldn't be saved because she had no feelings for the marriage from her perspective. 

When the Beis Din asked whether the marriage could be saved if Tamar would try to make it work, he said he couldn't tell.

At no point did Rabbi Kamenetsky even make the claim that there was some underlying physical or mental issue regarding Aharon such that Aharon was not marriageable.

Suddenly after 5 years of battle, Tamar and the Kaminetsky's changed tactics and used those of Senator Aiken regarding the ending of the Vietnam War. When America was hopelessly mired in a losing war in Vietnam - one which they could not afford to lose but had no way of winning - Senator Aiken proposed that the US simply declare that it had won the war and withdraw its troops.

That the Kaminetsky's followed this approach can be seen when Tamar suddenly announced - after 5 years of a war of attrition against Aharon - that she was free of the marriage. That she didn't need a Get. The Kaminetskys not only approved of this approach they were the driving force behind it. They drew up a suggested psak and solicited poskim to agree - without actually investigating the case - that the marriage was annulled as a mistaken marriage.

Bereishis - פרו ורבו - Was Chizkiyahu Hamelech decreed to die

The Gemarah Berachos 10a relates to us a conversation between Chizkiyahu Hamelech, and Yeshayahu Hanavi. Chizkiyahu was deathly ill, and the Navi Yeshaya came to be Mevaker Choleh (pay a sick visit).

Both being great Torah giants, they have a disagreement. Did Chizkiyahu still had hope of a full recovery, and he should continue praying... or was it too late, and Chizkiyahu Hamelech was about to die regardless... 

Ultimately, Chizkiyahu prevails, and we now rule אפילו חרב חדה מונחת על צאורו של אדם אל ימנע עצמו מן הרחמים    Chizkiyahu davens, survives, and marries Yeshayah hanavis daughter......

But, asks the Turei Even,  in the course of the discussion, Yeshayah hanavi said, that it was "כבר נגזרה גזרה". We know from Rosh hashanah 18a, that once a decree is made on an indavidual person, its NOT rescinded...

 

 

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Stop the Presses!: Direct confirmation of my conjectures regarding the heter for Tamar Epstein to remarry without a Get

While I have been very involved in reporting the Tamar Epstein case - the understanding of some of the critical issues concerning the heter of kiddushei ta'us have been based largely  on conjecture. This morning I received a letter from a well known posek who directly confirmed what I suspected. While the posek doesn't want to reveal his identity, I know him and accept fully the truth of what he says. I am also getting solid information from insiders - which I am in the process of checking out - which provides further confirmation and names names.

 As far as I have established - the Kaminetskys did not actually pasken - they are not poskim - but they are the sole source of information that poskim including Rabbi Greenblatt relied on for their psak. The poskim rubber stamped what the Kaminetskys proposed. The poskim did not independently investigate the matter. In short the Kaminetskys went poskim hopping - to find someone who agreed with them. They provided not only the information but the description of the exact heter - kiddushei ta'us - they wanted. They did not ask for the independent view of the posek or for the posek to conduct an independent investigation. If the posek rejected their proposal, they went elsewhere until they found what they were looking for.

It is clear that many rabbis are disgusted by the distortion of halacha in allowing Tamar to remarry without a Get  - but are afraid of severe consequences for their futures if they openly condemn what the Kaminetskys have done.

This is the letter exactly as the posek sent me - with full permission to publish it.

In the summer of 2013, I was approached by a renowned rabbi and shown copy of a "Heter Nisu'in" for Tamar Epstein. If my memory serves me right, it was written by a student in a Kollel in Philly, and approved by a Rabbi Kamenetsky.

The reason I was given the "Heter" was so I can review it, and if I approve it - then I should sign on it.

I read the Teshuvah/Heter (was surprisingly short), and the whole basis of the Heter was based on some "eidus" by a professional (maybe a therapist?), and "eidus" of certain individuals (not named in the Teshuva), that the husband was "not normal", and it was therefore a "Mekach To'us." The examples cited of his behavior were pretty bad on a Shalom Bayis scale (if true), but nothing remotely strong to constitute a "Mekach To'us" even according to the most Meikel opinions.

Although I am a big Meikel by nature, after I reviewed the Teshuva/Heter I said that there is no way I can approve such a lackluster Teshuva/Heter, until I speak to the doctor, psychologist, etc. to ascertain if there is any valid reason to consider such a Heter, but the reasons in the Teshuva/Heter are not valid.

After I reviewed it and voiced my opinion, I gave it back to the rabbi and I didn't keep a copy for myself, so I can't tell you with 100% certainty what the "eidus" was, especially two years later, but what's written above is my recollection.

Kiddushei Ta'us (annulment) Rav Moshe' Feinstein's view - by Rabbi Chaim Jachter

Getora

Rav Moshe Feinstein's Extraordinary Ruling

Rav Moshe Feinstein (Teshuvot Igrot Moshe, E.H. 1:79) disagrees will all of the aforementioned authorities and argues that if a woman discovers a severe defect in her husband, she does not require a get. Rav Moshe writes that one should make all efforts to obtain a get, but a lenient ruling may be given ifthese efforts fail. He reasons that some defects are so severe that, clearly, no woman would have married this man.7 For example, Rav Moshe takes issue with Rav Yitzchak Elchanan and argues that no woman would marry an impotent man. Thus, just as a man who mistakenly marries an ailonit does not require a get, so too a woman who marries an impotent man does not require a get. Rav Moshe takes this exceedingly bold argument8 one step further, asserting that even Rabbeinu Tam would not require a get for a woman to remarry upon discovering a severe preexisting defect in her husband. As we have mentioned above, Rabbeinu Tam rules demands a get to dissolve the marriage if a man discovers that his wife is an ailonit. Rav Moshe argues that only a man might agree to marry a woman with a severe defect, because his ability to give a get assures him a relatively easy halachic exit from the marriage. However, it is obvious to all, Rav Moshe claims, that no woman would marry a man with a severe defect. She would never risk being unable to tolerate the man's problem, Kidushei Taut because she knows that she has no simple halachic mechanism to escape from the marriage. 

Limitations on Rav Moshe's Ruling

Rav Moshe suggested applying this ruling in five actual cases. They involved an impotent man (Teshuvot Igrot Moshe, E.H. 1:79), a man who concealed that he had been institutionalized prior to the marriage (E.H. 1:80), a man who concealed that he vehemently opposed having children and later forced his wife to abort a fetus (E.H. 4:13),9 a man who concealed that he was a practicing homosexual prior to the marriage (E.H. 4:113), and a man who concealed that he converted to another religion (E.H. 4:83). In the last case, however, Rav Moshe hesitated to permit the woman to remarry without a get, as she did not observe Torah law. It must be clear beyond the shadow of a doubt that the woman never would have married such a man. However, since this woman did not practice Judaism seriously, Rav Moshe questioned whether we can assume that she would never marry an apostate. 

Similarly, Rav Yitzchak Herzog (Teshuvot Heichal Yizchak, E.H. 2:25) appears to fundamentally accept Rav Moshe's premise. Nonetheless, Rav Herzog did not permit a Sephardic sixteen-year-old girl to remarry without a get after she married a man in his forties whom she thought was significantly younger. Although the girl had been deceived, Rav Herzog explained that one could not state unequivocally that a sixteen-year-old girl in such a community would never marry a man in his forties.

Rav Moshe issued his ruling about an impotent husband in 1951 and his ruling about an institutionalized husband in 1955. The present availability of psychiatric drugs allows for treating many psychiatric illnesses and casts  doubt upon whether he would have ruled this way today. Similarly, impotence can be treated and cured in most cases today. It is thus unclear if a woman today would undoubtedly refuse to marry a man with either of these ailments. Even some homosexuals, with the help of psychotherapy, can lead a healthy married life.

Moreover, Rav Moshe did not rely on the woman's testimony alone to verify the husband's impotence and mental illness. Rather, the rabbis involved in the case examined the medical records of the husbands, and the doctors even testified that they unsuccessfully tried to cure one husband's impotence. In today's society, it is highly unlikely that such information would be forthcoming from medical officials.

Conclusion

It is extremely difficult to permit either partner in a marriage to remarry solely based upon kiddushei ta'ut. Every effort should be made to obtain a get even when major defects are discovered in either spouse. For a defect to be considered as grounds for kiddushei ta'ut, it must be clear beyond the shadow of a doubt that virtually no one would marry a person with the defect. Moreover, the defect must already be in existence  before the marriage

Chief Rabbi warns against Open Orthodox speakers at synagogues

Jewish Chronicle

Chief Rabbi Ephraim Mirvis has warned United Synagogue rabbis to avoid inviting “inappropriate” speakers in a confidential memo sent to them and the chairmen of their synagogues a few days ago.

He wrote that it had been prompted by a number of recent developments in communities which had cause him “great concern”.

He said that he had previously made rabbis aware of the importance of not offering a platform “to speakers who are inappropriate” at his rabbinical conference in July.

Synagogues should not host speakers who represent an outlook “which encourages practices which run contrary to our normative United Synagogue approach”. [...]

International Beis Din for Agunos: Rabbi Krauss' attempted rebutal of critics

I just received the following letter from Rabbi Gordimer

Yasher koach to Rabbi Student for his superb response to Rabbi Krauss' attempted rebuttal. The sheer emptiness of R Krauss' piece, in which he had every opportunity to defend his position but was totally silent on the material issues and instead resorted to insult and emotion, is the greatest indictment of the IBD's legitimacy:

http://www.torahmusings.com/2015/10/response-to-critique-of-ibd-psak-105/

Tamar Epstein: Predictions of Mark Oppenheimer of NYT from 2 years ago

Blog December 20, 2013   NO, TAMAR EPSTEIN DID NOT GET A GET

Is Tamar Epstein free?

The Modern Orthodox, agunah-minded, and Jewish/religious/feminist blogospheres (a small and particular world, admittedly) were abuzz yesterday with the news that Tamar Epstein, whom I in the Times dubbed the country’s most famous agunah, or chained wife (that is, her husband has withheld from her a religious divorce) is now “free.” This news appeared on her Facebook page and in a press release e-mailed widely by activist group ORA, the Organization for the Resolution of Agunot.

But several people with intimate knowledge of the situation have confirmed for me that Epstein did not in fact receive a get, the writ of religious divorce. One could infer this from the wording that she is now ”free,” with no mention of a get. Rather — and I am a bit fuzzier on the details here — it seems that a beit din, or religious court, has anulled her marriage, ruling that it was never valid.[...] It seems that Epstein has finally found some grounds to persuade a beit din to annul the marriage. What were the grounds? Nobody is talking. [...]

This declaration could prompt a real schism between some Orthodox and other, more right-leaning Orthodox Jews. If this case sets a precedent, rabbinic courts may begin “freeing” more women, who go on to re-marry, while their husbands are convinced the old marriage is still in effect. Then, the children produced by the new marriages will be considered mamserim, or bastards — a huge stigma in Judaism. The children will be shunned, the mothers will be shunned, and the rabbis who performed the women’s second marriages will be written out of some precincts of Orthodoxy.

To which those women, and their rabbis, and their male and female supporters, could say: “Who cares?” And if they have a critical mass of support, it is they, not their ex-husbands and their supporters, who will be marginalized. I once asked a prominent Orthodox rabbi how many rabbis it would take to support new, more liberal measures to free agunot. “90 percent,” he answered. “If 90 percent of Orthodox rabbis were with us, the other 10 percent could scream ‘Mamersim!’ all they wanted, but they’d fall in line.”

Riverdale Synagogue Appoints Second Woman As Rabba

Jewish Week   Move at HIR seems to renege on Rabbi Avi Weiss’ promise; drives further wedge between centrist and ‘open’ Orthodoxy

While Rabba Sara Hurwitz of Riverdale’s Hebrew Institute (HIR) made headlines in 2010 as America’s first Orthodox “Rabba,” the negotiated title for female rabbi, she now has company.
In its newsletter last week, the 600-family Orthodox congregation in the Bronx welcomed the newly appointed Rabba Dr. Anat Sharbat, the second woman to assume the role in the congregation. In her part-time capacity, Rabba Sharbat, who holds a doctorate in Talmud from Bar-Ilan University, will be assuming all pastoral responsibilities, including counseling, lecturing, and presiding at lifecycle events. She could not be reached for comment.

Though the appointment met with a unanimous vote of approval from the synagogue’s board of trustees (with three abstentions), the move seems to renege on a prior agreement made between Rabbi Avi Weiss, rabbi emeritus of HIR, and the Rabbinical Council of America (RCA), the largest coalition of Orthodox rabbis, that Rabba Hurwitz would be the one and only “rabba.” Subsequently the term “maharat” was used, a Hebrew acronym for “leader of Jewish law, spirituality and Torah.”

In 2010, Rabbi Weiss, then a member of the RCA, backtracked from his near-ordination of female rabbis under extreme pressure from the Orthodox right, agreeing instead to the rabba designation. At the time, the RCA expressed satisfaction at the controversy’s resolution and support for “appropriate” leadership roles for women. [...]

Refuah Shleima needed for Rav Nota Greenblatt

This sign has been hanging in Lakewood Yeshiva for several day - and was posted on R Yudel Shain's blog R Yudel Shain's blog.

Does anyone know why it is not being publicized elsewhere?