Invalidating a conversion that was not sincere – A contradiction to the view of Rav Moshe Feinstein?

The following incident was raised as a contradiction to Rav Moshe Feinstein’s view that when it is obvious (anan sahadi) that the convert did not sincerely accept doing mitzvos that the conversion is null and void. It is not necessarily a contradiction. (The details were taken from Dr. Menachem Finkelstein’s Conversion Halacha and Practice page 621-626)

In Cairo 1908,  a 22 year old Muslim desperately wanted to marry a certain beautiful Jewish woman . She refused unless he converted first. He gave a request in writing to the beis din. There was hatafas dam bris, and mikve as well as acceptance of doing mitzvos.

However immediately after the conversion he lived as a complete Muslim. Shortly after the conversion the couple married - with people upset since no one was aware of the conversion. The man then published an article in the paper stating.

since there are those who suspect that he converted and became a Jew and as such married a Jewess... but this is unthinkable and he would never do such a thing. He is a Muslim from birth and that each retained their religion when they married.

Immediately afterwards the following was established:

1) He had used a false name in his application to beis din

2) .His supporting document that he submitted to the beis din was forged and his references were not aware of what was stated in the document

3) He had revealed to two Jews that he was going through the conversion “to satisfy his desires with this beautiful women who had driven him mad” These two Jews had remained silent because they had been bribed.

4) After the wedding he continued to live amongst the Moslems as one of them. The couple had a son who he refused to allow to be circumcised and he was given the name of Muhammed. At this point the couple separated and the woman fled from her husband.

Two Egyptians rabbis who were consulted thought it possible to permit the woman to remarry without a get on the grounds that the conversion was worthless and thus there was no marriage. Rabbi Mas’ud Ben Shimon said, “If he had come in good faith at the time of the acceptance of the conversion without any deception, stratagems, and falsity then if he had reverted back to his previous religion he would still be considered a true convert. But since this was not the case since all was falsehood and deceit. Rabbi Aaron Cohen agreed with his reasoning that there was no conversion and thus no marriage and thus no need for a divorce.

While these two were waiting for approval by higher level rabbis, the husband was ordered by the kadi to divorce his wife in accordance with Islamic law and the government ordered him to pay his wife her kesubah.

The husband approached Rabbi Ben Shimon for help in avoiding paying the money. The rabbi told him to authorize him to give his wife a Get which Rabbi Ben Shimon and Rabbi Cohen promptly did.

The next question was the woman wanted to remarry and asked for a divorce certificate. The two rabbis were in a quandary because of the many doubts regarding this Get “ the likes of which might never have been” Therefore they decided to ask Rav Kook what to do. They sent him their rulings stating that the woman could remarry without a Get as well as a description of the Get they had given.

Rav Kook agreed to the appropriateness of asking for a Get. However he disagreed that the conversion was null due to fraud. He said that the acceptance of mitzvos was done properly. It didn’t matter what the man was thinking. Furthermore he saw no evidence that the man had intended to deceive or that he did not sincerely want to be a Jew. Rav Kook said the only problematic issue in the case was solely that he had converted for the sake of marriage - however bedieved the conversion was valid. Thus Rav Kook ruled that the conversion was good and the man had subsequently become a backsliding convert and that the Get was good.

The woman remarried on the basis of the Get and the conversion was not declared null and void – contrary to the written views of the first two rabbis. It seems that the first two wrote their views when they determined that the man would not give his wife a Get. In contrast Rav Kook wrote his views after the Get had been given.

It seems that there are three views in the literature. 1) Poskim who say that anyone who goes through the ceremony and declares before beis din that he will do the mitzvos, and has mila and tevila – even if subsequently he doesn’t keep anything is still a Jew. 2) There are others who say if it is obvious from the actions and statements that he never intended to be a religious Jew and was clearly insincere the conversion was never valid. 3) Finally there is a view that conversion is conditional on subsequently observing the mitzvos. If this condition is not met then the conversion is invalid.

Obama criticized by US miltary and veterans regarding terrorism, women in combat and veteran's hospitals

Washington Post

Military personnel and veterans challenged President Obama, often aggressively, on his refusal to use the phrase “Islamic terrorism,” his decision to open combat jobs up to women and the performance of the Department of Veterans Affairs at a town hall meeting here Wednesday.

Obama was at this Army base near Richmond to take part in a military-focused special that aired Wednesday night on CNN. The cable network selected questioners who were respectful but who reflected a military population that is more conservative than the population as a whole and generally skeptical of the president’s performance as commander in chief over the past eight years.[...]

A mother whose 19-year-old son was killed in Baghdad in 2007 pressed Obama more directly on the subject, asking him, “Why do you still refuse to use the term ‘Islamic terrorism’?” Obama countered that he did not want to conflate murderous terrorists with “the billion Muslims . . . who are peaceful, who are responsible, who in this country are our fellow troops.”

An active-duty Marine officer challenged the president’s decision to open combat jobs to women, saying that studies conducted by the Marine Corps showed that such units performed “notably worse” and that women “suffered staggeringly higher rates of injury.”

“Why were these tangible, negative consequences disregarded?” she asked.

Obama said that he had not acted out of political correctness and noted that women have been fighting at great risk in Iraq and Afghanistan for more than a decade. “I want to make sure our starting assumption is that if you can do the job, you should be able to get the job,” he said.[...]

Among the toughest questions he fielded was one from a woman who said her husband had waited a year for an appointment from VA. When he finally saw a doctor, his cancer was misdiagnosed and not treated.

“First of all, my heart goes out to you,” Obama said. He then said that he had increased the VA budget by 85 percent over the course of his presidency but that there was more work to do

Torah Scroll Honors Memories of Slain Dallas Police Officers

Chabad

A Torah is on its way for use in Austin, Texas, dedicated to five police officers who were killed in the line of duty this summer. Here, representatives of the New York City Police Department participate in a ceremony in memory of the fallen officers. Third from left is Bentzion Chanowitz, who runs the daily operations of the Beis Yisroel Torah Gemach. (Photo: Alex Bodnar)

A Torah is on its way for use in Austin, Texas, dedicated to five police officers who were killed in the line of duty this summer. Here, representatives of the New York City Police Department participate in a ceremony in memory of the fallen officers. Third from left is Bentzion Chanowitz, who runs the daily operations of the Beis Yisroel Torah Gemach. (Photo: Alex Bodnar)

When Rosh Hashanah begins at sundown on Sunday, Oct. 2, members of Chabad of South Austin/Young Jewish Professionals will hold their first minyan since last Yom Kippur. Together, they will celebrate not only the start of the Jewish New Year, but the welcoming of a new Sefer Torah.

“We just heard we would be getting a new Torah,” said Rabbi Mendy Levertov, co-director of the Chabad center with his wife, Mussy. “It’s so exciting for our congregation. This is difference between having weekly service and not having one because without the Torah, we can’t read the weekly portion together. This Torah will help us be able to grow and build a weekly minyan.”

Adding to the significance is that the Torah is dedicated to five slain Dallas police officers who lost their lives this summer in the line of duty.

“I work closely with the Austin Police Department and have a good relationship with them. For us, it is very important to recognize the protection that the police give us and the service they provide to the community,” explains Levertov. “We are proud to have a Torah that ties together Jew and non-Jew, law enforcement and our community, and enforces that strong connection during the High Holidays.”[...]

Bentzion Chanowitz, who runs the daily operations of the Torah Gemach, noted that other refurbished scrolls have been dedicated in memory of security forces—in this case, for the officers shot down on July 8; and in the past, in memory of fallen soldiers and or terror victims in Israel.

“We just read the weekly Torah portion about the need for shoftim with shoftrim—appoint judges and police officers—and I felt for the Jewish community, this would be a nice kiddush Hashem, the sanctification of G‑d’s name.”

Rabbi Yochanan Marsow of Bais Menachem Mendel in the Flatbush neighborhood of Brooklyn, who serves as a rabbinic adviser to the Torah Gemach, thought “it was a great idea,” says Chanowitz. “He said in many times throughout history, the Jewish community honored the government.”[...]

Six Individuals Charged With Participating In Large-Scale Government Benefits Fraud of Section 8, food stamps, Medicaid

Justice Department

Preet Bharara, the United States Attorney for the Southern District of New York, and Mark G. Peters, Commissioner of the New York City Department of Investigation (“DOI”), announced today the filing of criminal charges against six defendants for participating in long-running schemes to hide substantial assets and income obtained from significant business and real estate interests in order to attain government benefits designed for low-income individuals. In total, the defendants allegedly obtained more than $1.3 million of government benefits. SHLOMO KUBITSHUK, RACHEL KUBITSHUK, NAFTALI ENGLANDER, and HINDA ENGLANDER were charged in one complaint, and LEIB TEITELBAUM and DEVORAH TEITELBAUM were charged in a separate complaint. The defendants were arrested in Brooklyn this morning and are scheduled to appear in Manhattan federal court later today.

U.S. Attorney Preet Bharara said: “For over a decade, this ring of six defendants allegedly lied to city and federal officials about their financial status in order to obtain benefits that were meant for the needy. The alleged schemes that netted them over a million dollars has been put to an end and the defendants now face federal fraud charges.”

Commissioner Mark G. Peters said: “These defendants were millionaires stealing from the poor, as charged. The defendants fraudulently concealed their wealth to obtain benefits, including Section 8 vouchers intended to help low income New Yorkers find housing, according to the allegations. At a time when affordable housing is scarce, and there is a waiting list for Section 8 vouchers, it is reprehensible that some New Yorkers went without so that these defendants could have still more.”

According to the allegations contained in the Complaints[1]:

From 2001 to 2016, SHLOMO KUBITSHUK, RACHEL KUBITSHUK, NAFTALI ENGLANDER, and HINDA ENGLANDER conspired and engaged in a scheme to obtain government benefits designed for low-income residents, including Section 8 housing subsidies, Medicaid health insurance, and Supplemental Nutrition Assistance Program (“SNAP”) food stamps, totaling more than $980,000. In connection with applications for these benefits, they failed to disclose substantial income and financial assets, including a portfolio of multimillion-dollar residential real estate properties. The defendants also perpetrated the fraud by providing false income affidavits for each other.

From 2007 to 2016, LEIB TEITELBAUM and DEVORAH TEITELBAUM also conspired and engaged in a scheme to obtain government benefits designed for low-income residents, including Section 8 housing subsidies, Medicaid health insurance, and SNAP food stamps, totaling more than $330,000. In connection with applications for these benefits, they failed to disclose substantial income and financial assets, including a jewelry business and an apartment they owned.

* * *

SHLOMO KUBITSHUK, 38, RACHEL KUBITSHUK, 39, both from Brooklyn, New York, are each charged with one count of conspiracy to steal government funds, which carries a maximum sentence of five years in prison, and two counts of theft of government funds, each carrying a maximum sentence of 10 years in prison. NAFTALI ENGLANDER, 40, HINDA ENGLANDER, 41, LEIB TEITELBAUM, 39, and DEVORAH TEITELBAUM, 36, all from Brooklyn, New York, are each charged with one count of conspiracy to steal government funds, which carries a maximum penalty of five years in prison, and three counts of theft of government funds, each carrying a maximum sentence of 10 years in prison.

The maximum potential sentences in these cases are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

U.S. Attorney Bharara praised the work of DOI and the Criminal Investigators of the United States Attorney’s Office for the Southern District of New York.

The case is being prosecuted by the Office’s General Crimes Unit. Assistant U.S. Attorneys Eli J. Mark and Thane Rehn are in charge of the prosecution.

The charges contained in the Complaints are merely accusations, and the defendants are presumed innocent unless and until proven guilty.

Rabbinate rejects conversions by Rav Gedaliel Schwartz - a major Modern Orthodox posek

Arutz 7

The Chief Rabbinate of Israel recently rejected four conversions approved by a leading rabbinic authority in the United States, drawing heavy criticism from an umbrella organization representing Orthodox religious courts across the US.

The Chief Rabbinate issued no explanations as to why the conversions of Rabbi Gedalia Dov Schwartz were rejected, sparking vehement protests by the Rabbinical Council of America last Friday.

Rabbi Schwartz, who heads the RCA’s national rabbinic court, is a prominent figure in the Modern Orthodox community.[...]

While the Rabbinate declined to explain the basis for the rejections, it should be noted that in one case, the convert’s mother, who also converted at the same rabbinic court on the same day, was accepted by the Chief Rabbinate.

On Friday the RCA issued a statement criticizing the Israeli Chief Rabbinate’s decision.

“The Rabbinical Council of America strongly objects to the latest decisions of the Chief Rabbinate of Israel’s office rejecting the endorsement of leading rabbinic figures in North America of the status of at least two converts. While we have worked assiduously with the Rabbinate in the past to assure the integrity of converts, recent missteps by its office have led to these latest decisions; we are working to reverse them.”

The RCA added that in the cases in question, the rejection of the converts also constituted a “challenge” to the decisions of one of the organization’s most respected rabbis.

“This decision by the Chief Rabbinate is especially egregious because it challenges the rulings of one of the preeminent [halakhic] authorities, Rabbi Gedalia Dov Schwartz and because it disregards the great efforts that we have made over the years, for the benefit of converts, to work with the Chief Rabbinate.” [...]

Corruption and Conflicts: a lecture presented by the Greater Washington Community Kollel or a description of the Kamenetsky-Greenblatt outrage?

Update: Added a poster for the Agudah's lecture claiming that they also are concerned with honesty. Hypocrisy is not a rare commodity these days

Guest Post

The primary driving force behind the entire Kamenetsky-Greenblatt outrage have been Rabbis Shmuel Kamenetsky and Rabbi Sholom Kamenetesky.  Rabbi Greenblatt has explained that he ruled the marriage annulled because he had no choice but to accept the “facts” as presented to him by Rabbi Kamenetsky because of Rabbi Kamenetsky’s status as a “gadol.”  Rabbi Greenblatt refused to take into account that Rabbi Kamenetsky’s actions might be motivated by his longstanding and extremely close ties to the Epstein family. Rabbi Greenblatt stands by his annulment despite the ruling to the contrary by Rabbi Feinstein’s Beis Din and Rabbi Sholom Kamenetsky’s letter that his father accepts the ruling of that Beis Din, because Rabbi Greenblatt insists that he must continue to rely on the “facts” given to him by Rabbi Kamenetsky, which Rabbi Kamenetsky still apparently stands behind.

This complete disregarding of the Kamenetsky ties to the Epstein family has occurred for many years, and is probably a large part of what caused the Kametskys to believe that they could get away with annulling the marriage without any basis. Rabbi Kamenetsky’s earlier letters attacking Aharon Friedman should have always been seen as biased and driven by his ties to the Epstein family, but were instead accepted by some, led by Rabbi Hershel Schachter, as those of an objective “gadol” whose opinion must prevail [because “sod hashem le’rauv”], even though he directly contradicted the Baltimore Beis Din to which the two parties brought the case and held several hearings with the participation of both parties. [http://daattorah.blogspot.com/2015/10/tamar-epstein-is-rabbi-hersehl.html]

Unfortunately, the Washington Vaad’s actions in the case after the death of Rabbi Gedalia Anamer also appear to be driven by conflicts, if not outright corruption. In 2009, at Tamar’s request the Washington Beis Din sent Aharon a simple and straightforward hazmana to a “din torah” regarding a get.  Aharon responded that Tamar was not entitled to involve another beis din because the parties had submitted the matter to the Baltimore Beis Din and Tamar had violated their orders.  At the time, the Washington Beis Din accepted Aharon’s answer and did not send another hazmana. The Av Beis Din of the Washington Vaad’s Beis Din at the time was the Vaad’s long-time leader, Rabbi Gedlaia Anamer, a rav in the DC area for over fifty years.  So long as Rabbi Anamer was the alive, the Vaad and that shul refused to take any actions against Aharon.  Aharon, along with the child when with him, fully participated in the shul, such as sometimes laining or serving as shaliach tzibbur.

But within months of Rabbi Anamer’s tragic and sudden passing in April 2010, that all changed.  A friend of the Epstein family took over Rabbi Anamer’s shul and he quickly started ostracizing Aharon despite the lack of any beis din ruling against Aharon. 

Following Rabbi Anamer’s death, the DC Vaad’s Beis Din sent Aharon an extremely nasty hazmana (in contrast to the earlier hazmana) essentially concluding that Aharon was guilty even before trying the case and demanding that Aharon appear before them for some unspecified type of proceeding that they did not even bother to claim would be a din torah. Nonetheless, after Aharon again responded that the matter was brought to another beis din whose orders Tamar had violated, the DC Vaad’s Beis Din acknowledged that it had no right to intervene against Aharon.  Nonetheless, the Epstein family friend who took over from Rabbi Anamer prohibited Aharon from setting foot in shul.

Tamar also asked the Beis Din of America to intercede against Aharon, but they refused to do so after calling the Baltimore Beis Din.  Despite the tremendous pressure from the Kamenetskys and the Epstein family, Tamar could not find an actual beis din to intercede against Aharon.  According to the testimony of Tamar’s toein, medical malpractice lawyer Frederic Goldfein, in Federal district court [Goldfein was forced to testify when the government granted him immunity because the government stated that Goldfein would otherwise have refused to testify by citing his right against self-discrimination under the Fifth Amendment), the Epstein family turned to the criminal Rabbi Martin Mordechai Wolmark to organize a “beis din” to intercede against Aharon.  Wolmark had the criminal enterprise he helped run issue a “seruv” against Aharon. Wolmark pled guilty to criminal charges in connection to his role in the criminal enterprise, and is currently in prison.  Two of the other signatories to the “seruv” narrowly avoided criminal charges n the case,: an FBI court affidavit stated that the FBI had probable cause to believe that they violated five different Federal criminal statutes, with regard to their participation in the case.  The criminal enterprise didn’t even attempt to pretend that its “seruv” had any validity, not even sending a hazmana before the seruv.  To highlight that the “seruv” had no basis in halacha, but was an exercise of raw political power, the criminal enterprise had Rabbi Kamenetsky sign the “seruv” despite his well-known and extremely longstanding personal and financial ties to the Epstein family and his previously having publicly reached a conclusion on the matter and publicly attacked Aharon

Following Rabbi Anamar’s death, active leadership of the Vaad devolved onto its director, the brother-in-law of Simon (Shimmy) Glick, whose daughter is married into the Epstein family, and Rabbi Dr. Freundel.  Glick is one the largest philanthropists in the yeshiva world, and his influence in Orthodox is very deep and very wide.  It is not clear exactly how large a role he has played in this tragic case, but as Rabbi Eidensohn has noted before, his influence is clearly strongly felt --  http://daattorah.blogspot.com/2015/12/tamar-epsteins-heter-money-can-metaher.html --- and particularly so in Silver Spring.

Despite the fact that even the Washington Vaad’s own Beis Din ruled that it could not intervene against Aharon, the Washigton Vaad seized upon the criminal enterprise’s “seruv” to publicly attack Aharon, issuing a letter that effectively incited violence against Aharon and the parties’ child.  Even after the Tisha Ba’av assault when Aharon brought the child to the Epstein house, the Washington Vaad refused to retract its letter or clarify that it did not mean to call for violence.  

Even after the Baltimore Beis Din issued a letter that Aharon was not guilty of wrongdoing, [http://daattorah.blogspot.com/2016/01/baltimore-beis-din-apologizes-for-many.html] the Washington Vaad has refused to retract its letter attacking Aharon. 

It should be noted that the rav giving this shiur is new to Silver Spring, and is not on the Vaad.  But lest anyone get their hopes up that this shiur might address the corruption and conflicts driving the Kamenetsky-Greenblatt, it should also be noted that the rav is a member of a kollel headed by Shimmy Glick’s nephew.

Contemporary Gadolim on Obligations and Exemptions in Positive Time Bound Commandment by Rabbi Yisrael Kashkin

Guest post by Rabbi Yisrael Kashkin

  Contemporary Gedolim On The Exemption of women

Man was created to learn Torah and Woman was created to assist the Intellect which is Man

Rabbeinu Bachye (Bereishis 3:21): And G-d took the Man and placed him in the Garden of Eden to work it and guard it. The Garden of Eden alludes to the Torah. Just as the Garden is drawn from Eden, so does Torah draw from the higher wisdom which is Eden. The reason that man was created was so that he would learn Torah – to work it and guard it. And G-d commanded the man It is known that the basis of the Torah is the mitzvos i.e., the positive commandments and the negative commandments. And if so the Tree of Life and the Tree of Knowledge which are established within the Garden of Eden allude to the positive commandments and the negative commandments which were established within Torah. And “the Man” alludes to intellect. And it is not good for the intellect to be alone because it needs an instrument through which its actions could be seen and this instruments should also be the assistant for man in keeping the Torah and mitzvos. This assistant needed to be material rather than intellect. In addition since man had been created with a physical body and a soul it was necessary to have assistance in preserving the species just as the body assists the soul concerning intellectual matters. This assistant is the woman. The name “woman” contains an allusion to the body. Thus we find that Shlomo compared matter to woman when he said (Mishlei 2:16) To save you from the woman who is a stranger. This means that even though woman is not part of the intellect but she is the instrument for receiving the actions of the intellect. Similarly Matter accepts the Form and thus relects its image. The “Serpent” alludes to the evil inclination which is from the term “menachesh” – sorcerer. That is because he is constantly challenging man and trying to seduce him. And the serpent started by speaking with the woman i.e., with Matter. And he used the strategy of “af” which means “even though” but also to anger which draws from a person’s strength. The explanation of the serpent’s words: “Af (even though) G-d said not to eat from the trees of the Garden, but if G-d prevents you from eating from that which the body desires – that means G-d is preventing you from enjoying all the pleasures and good things in the world. How could it be that G-d would do such a thing?” This is the seduction of the evil inclination. And this that we find that the serpent (evil inclination) spoke with the woman and not with the man, that is because all the efforts of the evil inclination is only with Matter and not with the power of Intellect.

Chaim Weissman charged with sex abuse of 9 year old boy in Boro Park

NY Daily News

Police have arrested a 38-year-old man, who they say lured a 9-year-old Hasidic boy into his car, then pleasured himself in front of the child, officials said.

Chaim Weissman, of Brooklyn, was charged with sex abuse, sexual contact with an individual less than 11 years old, and other child abuse charges for the Sept. 14 incident on 18th Ave. in Borough Park — just five blocks away from where 8-year-old Leiby Kletzky was abducted and murdered in 2011, officials said.

Weissman gave the boy $100 after he masturbated, cops said.

Ki Savo; The Three Parts To Every Brachah by Rabbi Shlomo Pollak

Gust post by Rabbi Shlomo Pollak

Rashi in Ki Savo (26;13) brings a Medrash on the words ולא שכחתי. The Medrash, which is mentioned in the Mishnah in Maasar Sheini (5;11), explains the Pasuk the be referring to reciting a Brachah before performing the Mitzvah of separating T'rumos & Maasros.

The Gemarah in Brachos (40b) in discussing which parts of a Brachah are essential, brings this Medrash...

However, it seems to be a Machlokes Reshonim,-The ROSH & Tosfes- if the Gemara is actually quoting the Mishnah, or a Ber'reisah? Furthermore, they seem to be arguing what the answer is according to Reb Yochanan.....

For questions & comments please email us at salmahshleima@gmail.com

https://youtu.be/VGK6Kh8jUFc

Beis Din says "To do anything which will save the Aguna" - Even murder?

This letter was found on the ORA website. . Not sure what this has to do with halacha. It seems to be a heter to do anything to the husband until he gives a Get - which would seem to include physical violence or murder.

  Yosef Masri - beis din documents