Monday, July 2, 2018

transcript and comments

audio link

Joseph Orlow replies to Eddie “Stealth? I told him my name. Deception? Aharon Friedman is my friend, the friend to which I refer. What's with the accusations anyway? Chutzpah? The calls were made under the guidance of my Rabbis.”

O: This is Joe Orlow. Can I speak with Rabbi Shmuel Kamenetsky?

K: Speaking

O: How are you? I wanted to ask the rav a question

K: Yeah

O: I have a friend who is married and his wife left him

K: Oy

O: And she went to live with another man

K: Oy

O: Oy, yeah. That is not permitted, right?

K: Definitely not

O: So should I tell her she has to separate?

K. Of course

O: OK

K: Does he know about it? He believes her? If he doesn’t believe it maybe, it’s mutar

O: I’m sorry. Say that again.

K: Does the husband believe that?

O: Yeah, yeah. It is very public. She did it very publicly

K: Oy

O: I wanted to ask you about this specific case

K: Yes

O: You may be aware of it.  It’s Tamar Epstein and Adam Fleischer.  I was wondering why you hadn’t told them to separate since you are saying that it is the right thing to tell them

K: Well because he had psakim from rabbonim that it is mutar, I mean.

O: That it is mutar. 

K: Yeah

O: So Reb Dovid said that it is mutar? Rabbi Dovid Feinstein

K: He said it is not mutar.  But there are other rabbonim. Some other rabbonim say its mutar. So I don’t get involved in this.

O: So you are not involved in this.

K; Yeah

O: So the rabbonim say that it … Reb Dovd should have told them to separate maybe, even if other rabbonom say yes.  Did he tell them to separate?

K: I have no idea

O: OK.  So you wouldn’t tell her to separate yourself because other rabbonim

K: Yeah

O: Who are the other rabbonim if I can ask?  Are there any names that you can give me?

K: R’ Notason

O: I am sorry I didn’t catch that

K: R’ Nota

O: R’ Nota. R’ Nota Greenblatt from Memphis. OK

K: That is what I heard

O: Alright. I thank the rav for taking my call.  Thank you very much.

K: All the best, bye bye.

O: Kol tuv. Shalom



RSK says that the annulment and remarriage are halachically acceptable

In the conversation, RSK says that he holds that the annulment and remarriage are completely legitimate under halacha. He acknowledges that RDF says it is not mutar but says there are other rabbonim who say it is mutar - and RSK says that he doesn't get involved in deciding which psak is correct.  At the beginning of the conversation, RSK says that if a married woman is living with another man, one must tell them to separate.  But he says that this is not the case with the Fleischers because the annulment and remarriage are a legitimate macholokes between different poskim and it is perfectly acceptable under halacha to rely on the view of the rabbonim who say it is mutar.  

This shows that the letter from R' Sholom [posted on the top right side of the blog] ] claiming that his father accepts RDF's psak is not true. The letter is the fig leaf behind which the "yeshiva world" [the moetzes of agudah, for example] claims that RSK disapproves of the annulment and remarriage, but this recording destroys that fig leaf.

And it is not not only that RSK does not take a position on whether RDF's psak is correct or not, RSK and R' Sholom were the ones who sent letters to rabbonim around the world [previously posted on the blog] asking them to annul the marriage. 

It is ironic that the Moetzes is attacking the Open Orthodoxy movement, while one of its members [and a signatory on the letter below, for example] has gone as far as, or perhaps even further, than any of the Open Orthodox in rejecting halacha.  The Open Orthodox reject halacha in principle according to the Moetzes, or in the Open Orthodox's own view work within the confines of acceptable halachic practice to reach halachic outcomes that are more in line with their own views of what is practical, moral and modern.  It is not clear whether RSK also does so in principle or perhaps only in order to assist the VIP families.  It is also not clear to me which is worse. 


Sunday, July 1, 2018

A haven for paedophiles: The ultra-Orthodox settlement where Malka Leifer hides

sydney morning herald


Emmanuel: Atop the shadow-cast hills at the northern end of the West Bank, in the ultra-Orthodox Jewish settlement of Emmanuel, abusers of children have found a safe haven.
Malka Leifer, the former Melbourne school principal and accused child molester, came to live here in 2016 after an Israeli judge found she was mentally unfit to face extradition to Australia.
And here, even though she is wanted by Victoria Police on 74 counts of alleged sexual assault and rape involving girls, one resident claims Leifer was able to continue abusing children, including his own teenage daughter, without consequence.

what is addliction?

Rav Shmuel's letter to Rav Weiss

audio link    compare what he says AND WHAT HE WROTE
Joseph Orlow replies to Eddie “Stealth? I told him my name. Deception? Aharon Friedman is my friend, the friend to which I refer. What's with the accusations anyway? Chutzpah? The calls were made under the guidance of my Rabbis.”








Thursday, June 28, 2018

ילדים נחלו: במה הורו הגר"ח קנייבסקי והגרי"ג אדלשטיין

bhol


הגר"ח קנייבסקי והגרי"ג אדלשטיין. צילום: שוקי לרר
הרב יוסף צימבאל רב שכונת שכונת ווסט-גייט החרדית בלייקווד שבניו גרז'י, שיגר מכתב לגדולי ישראל בבני ברק, לאחר שכמה ילדים בקהילה נחלו ומספר נשים נמצאות על ערש דווי והוא מבקש לדעת במה להתחזק לפני הקב"ה. כך נודע ל'בחדרי חרדים'.

המכתב נשלח גם לשר התורה הגר"ח קנייבסקי וגם לראש הישיבה הגרי"ג אדלשטיין ושניהם השיבו לרב והדברים נתלו בבית המדרש.

במודעה שנתלתה בבית המדרש נכתב, כי הרב שלח מכתב לגדולי הדור בארץ והגרי"ג אדלשטיין יעץ שנתחזק בשמירת הלשון ובלימוד התורה והגר"ח קנייבסקי יעץ ללמוד מסכת חולין. 



If North Korea is denuclearizing, why is it expanding a nuclear research center?

nbc


North Korea continues to make improvements to a major nuclear facility, raising questions about President Donald Trump's claim that Kim Jong Un has agreed to disarm, independent experts tell NBC News.
New satellite images made public by 38north, a web site devoted to analyzing North Korea, show that "improvements to the infrastructure at North Korea's Yongbyon Nuclear Scientific Research Center are continuing at a rapid pace," three 38north analysts concluded in a paper.


Image: Pipeline connecting new buildings and main production building recently completed at the Radioisotope Production Facility.

An annotated satellite image shows what the web site 38north says is pipeline connecting new buildings and main production building recently completed at the Radioisotope Production Facility.Airbus Defense and Space and 38 North






The analysts cautioned that the continued work at the Yongbyon facility "should not be seen as having any relationship to North Korea's pledge to denuclearize. The North's nuclear cadre can be expected to proceed with business as usual until specific orders are issued from Pyongyang."
However, other experts argue that ongoing work on the site of a reactor that is producing fuel for nuclear weapons shows that North Korea has no intention of disarming.

Wednesday, June 27, 2018

Has construction 'already started' on Trump’s border wall in San Diego?

Trump
"We’ve already started (the border wall). We started it in San Diego."
 Donald Trump on Saturday, June 23rd, 2018 in a campaign speech.


Our ruling
President Trump recently claimed: "We’ve already started (the border wall). We started it in San Diego."
His statement gives the wrong impression that border fence replacement projects in California, including those in San Diego and Calexico, are the same as the solid, 30-foot-high concrete wall he promised during his run for president.
The $1.6 billion authorized by Congress for these projects does not allow for the construction of any sort of wall prototype requested by Trump.
Instead, the projects underway include arrays of steel posts, between 18 and 30 feet high, that allow border patrol agents to see through.
The planning for at least some of these projects, which will replace shorter scrap metal fencing, started long before Trump ran for office. Congress, however, agreed to pay for them under Trump’s administration.
We also grant that Trump at the Nevada rally added: "We’re fixing it. And we’re building new." This could be interpreted as a slight acknowledgement that the projects aren’t exactly what he promised, but they don’t add much clarity to what overall is a misleading statement.
We rate Trump’s claim Mostly False.

MOSTLY FALSE – The statement contains some element of truth but ignores critical facts that would give a different impression.
Share The Facts
Donald Trump
President

"We’ve already started (the border wall). We started it in San Diego."

EL AL: Don't want to sit next to women? Don't fly

arutz 7


El Al, Israel’s national airline, has adopted a new policy regarding the handling of male passengers who refuse to sit next to women, following criticism of a series of incidents on a recent flight.
Last Thursday night, four male passengers, all members of the haredi community, refused to take seats assigned to them after they discovered that they had been seated next to female passengers.
Claiming that their religious beliefs required that they be seated away from female passengers, the four men demanded that special accommodations be made in their case.
Despite orders by one of the flight attendants that the four men take their assigned seats, the flight was ultimately delayed by more than an hour, with the dispute only being resolved after several women agreed to change seats.
The incident drew heavy criticism, including from Barak Eilam, the CEO of NICE Systems, an analytics software company.
In a social media post, Eilam vowed to cut any and all business ties with El Al and to boycott the airline until the airline banned “actions discriminating [against] women”.
“At NICE we don’t do business with companies that discriminate against race, gender or religion. NICE will not fly EL Al Israel Airlines until they change their practice and actions discriminating women.”
In response to Eilam’s post, El Al CEO Gonen Usishkin criticized the Nice Systems chief’s comments, and emphasized that El Al had adopted clear guidelines in the way wake of last week’s incident to prevent similar occurrences in the future.
“The post by the NICE CEO was made without a thorough check of the facts, and I explained that to him in a conversation,” Usishkin said, according to a report by Channel 10.
“EL Al’s employees who handled the incident did so with the necessary sensitivity. Everyone who flies with the national airline feels the values the company was founded on: an egalitarian company which does not discriminate based on religion, race, or sex.”
Usishkin added that he had released a new directive, requiring that in the future, passengers who refuse their assigned seats will be immediately removed from the flight.
“For the sake of clarity, today I ordered that the regulations be clarified on this matter, and that in the future, any passenger who refuses to sit next to another passenger will be immediately removed from the flight.”


view of Rav Moshe


https://daattorah.blogspot.com/2010/11/rav-moshe-feinstein-sitting-next-to.html

האמנם סוף לעגינות הארוכה?

הרב יואל קטן , כ"ג בסיון תשע"ח 

בימים אלו מתפרסם סיפור כואב ומרגש כאחד. בארץ נמצאת אשה עגונה זה עשרים שנה, בגלל בעל רשע שלא מוכן לתת גט בשום פנים ואופן למרות שהוא חויב לעשות כך ע"י בית הדין.
הנ"ל יושב בכלא ובצינוק כבר שנים רבות בגלל אכזריותו זאת, אך נשאר בסירובו. והנה, אומרת הידיעה, בימים אלו יצאה האשה סוף סוף לחופשי: בית דין פרטי בראשות פרופ' שפרבר מבר אילן ועוד שני דיינים עלומי שם החליט, בניגוד לשבעה הרכבים של דיינים מכל הערכות שכבר דנו בעניינה ולצערה ולצערם הרב לא הצליחו לשחרר אותה מעגינות בעלה האכזר, שהיא מותרת להינשא, מפני שהקידושין שלה לאותו רשע חסרי תוקף - כי אם היה עולה בדעתה שהוא יעולל לה כזה עוול היא לא הייתה מסכימה להינשא, והרי זה מקח טעות. לכן נתן בית הדין הפרטיזני הזה פסק הלכה שהיא אינה נשואה, ומותרת להינשא. ממש 'הפי אנד'.
אבל יש כאן בעיה: בית הדין לא חידש דבר. הכל ידוע. בתי הדין ניסו כל מה שהם יכלו לפעול למענה בכמה וכמה הרכבים, אבל הגיעו למסקנה שעל פי ההלכה האשה הזו נשארת נשואה עד שימות הבעל או שיתן גט. בכל מקרה עצוב של סכסוכים בין הבעל והאשה אפשר לומר שיש כאן מקח טעות, הרי לא עלה בדעתה שבעלה יהיה כל כך לא נחמד.

Exactly how much trouble is the Trump Foundation in?

cnn


Last Thursday, the attorney general of New York sued the Trump Foundation, alleging that the organization affiliated with the President of the United States and his family had broken a number of laws governing charitable groups. "As our investigation reveals, the Trump Foundation was little more than a checkbook for payments from Mr. Trump or his business to nonprofits, regardless of their purpose or legality," said Barbara Underwood, the Empire State's AG.
The Trump Foundation dismissed the lawsuit as entirely politically motivated, noting that it had given out more money ($19 million) than it had even received in donations.
Where does the the truth lie? And just how normal -- or abnormal -- is the way in which the Trump Foundation operated? I reached out to Marc Owens, the former director of the exempt organizations division of the Internal Revenue Service, for answers.
    Our conversation, conducted via email and lightly edited for flow, is below.
    Cillizza: Let's start simple: How odd is the way the Trump Foundation operates when compared to other similar-sized foundations?
    Owens: Whether the Trump Foundation is compared to similar-sized, i.e. small, family foundations or it is compared to foundations of any size and type, my answer is the same: the Trump Foundation may be unique in the variety and scope of its transgressions of state and federal law, as well as the visibility of the transgressions.
    Since the enactment of the private foundation excise taxes in the Tax Reform Act of 1969, the IRS has undertaken a variety of audit programs focused on federal tax law compliance. The results have not generally been made public, but some have, including a report released in 1990 of a statistically valid audit project of private foundations that involved a review of 882 organizations. The project, known as the "Grant-making Administrative Expenses Study," was required by Congress in the Deficit Reduction Act of 1984, and the study was made public as a result. In a concluding observation, the study noted, "Overall, we found that private foundations are in substantial compliance with the provisions of the tax laws that apply to them." None of the 882 foundations in the study exhibited behavior even distantly close to that of Trump Foundation as detailed in the New York attorney general's petition.
    In fact, while my years at the IRS brought me into contact with many charities and foundations that had violated federal tax law, few approached the variety of the Trump Foundation's transgressions.
    Cillizza: What is being alleged here? And what is the most serious charge?
    Owens: The petition, because it was filed by the New York attorney general, focuses on state charity law violations, including violations of the duty of care, that is, a foundation's board has a duty to see that a foundation uses its funds for charitable purposes and not for private, personal benefit of board members.
    The most serious state charge is essentially the basket of violations of the duty of care as reflected in the purchase of paintings to decorate Trump resorts, the use of foundation funds to settle lawsuit disputes between the Trump Organization and various third parties, the use of foundation assets to support Donald Trump's political campaign and, finally, the misreporting of the preceding on the foundation's federal Form 990-PF return, which New York law also requires to be filed with the New York attorney general. It should be noted, however, that the facts described in the petition have analogs in federal tax law, where the same transgressions that are outlined in the petition could trigger civil tax penalty excise taxes, revocation of tax-exempt status and potentially the application of the "termination tax" under section 507 of the Internal Revenue Code which authorizes the IRS in cases of repeated, flagrant violation of the rules for foundation behavior, to levy a tax equivalent to 100% of the assets of the foundation. Of course, the New York attorney general has asked that the foundation be dissolved and its assets transferred to other charities. Finally, the filing of knowingly false or inaccurate Form 990 federal tax returns has triggered criminal sanctions in at least five or six cases in the last 10 years. The charges in those case included conspiracy to defraud the United States, the making false statements on tax returns and the aiding and abetting of the filing of a false tax return. The penalties can include substantial fines and jail time.
    Cillizza: What's the Trump defense?
    Owens: In my opinion, there are no effective defenses that Donald Trump and/or his foundation can deploy to either the attorney general's petition or to federal tax charges. About the best he can do is plead ignorance of the law (generally ineffective with the sort of allegations being made) and to try to shift the blame to his accountants and attorneys (which will be factually difficult given Trump's personal involvement in many of the actions. It's unlikely, for example, that one of Trump's attorneys or accountants said that it is fine to contribute to the Florida attorney general's PAC or to buy a painting of himself and hang it in one of his clubs.)

    A chasid can be harmed by his relation to his rebbe

    ציטוט מ "חסידות וקוממיות"
    "רבנו:
                   "האמת תורה דרכה".
             
             
             
              
             
             
             
             את תועלת ההתקשרות עם הצדיק, שהיא מיסודות החסידויות בנות זמננו, ביארנו לפי דברי הרבי מפיאסצנא (ראה להלן, עמ' 105), אמנם יש להסתייג ולומר כי בהתקשרות עם הצדיק אפשר שיהיה לאדם חס ושלום נזק, אם אינו ראוי, או שלא הכין עצמו כראוי, כדברי הרבי
                      מביאלא בספר החיים, ואלה מקצת דברי קודשו (מבשר טוב, ספר החיים, סה):
                   "והרי כמה בני אדם שבאים לצדיק ומתקלקלים יותר משהיו בביתם, ותולים האשמה בצדיק. ובאמת הם הגורמים לזה, מחמת שלא הכינו את עצמם
                      קודם בואם להצדיק. כי כל שלמות צריכה הכנה מקודם"." - חסידות וקוממיות מאת משה רבפוגל

    Tuesday, June 26, 2018

    Uprooting a Marriage Shows Halachic Incompetence

    chareidi
    By Yechiel Sever

    Another instance of falsely liberating an agunah from her state by a beis din that annulled the kiddushin retroactively through an afkinhu, something which is totally forbidden in these times per the ruling of our Torah leadership of current and past generations, raised a storm of acerbic protest in the world of Halacha and dayonus.
    A sharp protest was publicized in Yated Ne'eman in the wake of a severe breach made by a private beis din in which an agunah was attempted to be released from her state through the falsely applied, so called loophole of afkinhu.




    Thank you and ye'yasher kochakhaHa-Rav ha-Ga'on R. Daniel Eidensohn, for the kind compliment and for publicizing this article. Admittedly, the article I sent engages in hyperbole when it writes that nullification of kiddushin through mekach ta'ut is rejected by  "the Acharonim, all of whom unanimously maintain that it is altogether forbidden." This overlooks the opinion of R. Moshe Feinstein, Iggerot Mosheh, Even ha-Ezer I, nos. 79-80. Surely, R. Feinstein was also anAcharon. Nevertheless, the article's point appears cogent because there are limits on what R. Feinstein was willing to do - viz. nullify kiddushin in a case of major insanity, not simply OCD and PPD as is alleged to be the case for Reb Aharon Friedman(*) - and even R. Feinstein is challenged by R. Yom Tov ha-Levi Schwarz, Ma'aneh la-Iggerot, nos. 165 and 168, who points out that R. Feinstein seems to be contradicted by Teshuvot ha-Roshklal 43, no. 5 [R. Schwarz' book is freely available here: http://www.israel613.com/books/MEANE_IGROT-H.pdf  ]. The same remonstration against R. Feinstein is offered by R. J. David Bleich, Tradition 33:1 (Fall 1998), footnote 27. [Note, however, that R. Bleich renders three minor technical errors: (a) he fails to cite R. Schwarz as having previously challenged R. Feinstein; (b) he misreferences the relevant Rosh as Teshuvot ha-Roshklal42, no. 5, when he should have actually written klal 43, no. 5.; (c) in a typographical error, R. Bleich writes "Rosh did not rule that a get was necessary" instead of "Rosh did not rule that a get wasunnecessary." I have already taken the opportunity to bring these corrections to R. Bleich's attention.] 
    I do believe that Ms. Epstein is a tzaddeket gemurah and an anoosah since neither the RCA not the Agudath Israel of America have yet announced that she is still halakhically married to Reb Aharon Friedman. Arguably, then, she should not be asurah la-ba'al and therefore it is a mitzvah to encourage her to return to shelom bayit with her first (and only) husband Reb Aharon Friedman (as per the Gemara, Ketubot 63b, that a when a wife rebels against her husband, it is a mitzvah to announce in the synagogues a diplomatic encouragement for her to return to shelom bayit.) However, even the fact that she is anoosah will not help the baby born from her, since a mamzer is a mamzer, even if born be-oness, as Ha-Rav ha-Ga'on R. David Eidensohn has correctly observed on his illuminating website devoted to this problem. Therefore, I urge the Traditional Orthodox Rabbis of America to have pity on the unborn mamzer before such a mamzer is born, and immediately take up this cause. The Traditional Orthodox Rabbis of America should announce that Ms. Epstein is indeed tzaddeket gemurah, yet also that it is a mitzvah of shelom bayit - and also of preventing the birth of a mamzer - for her to immediately return to her husband Reb Aharon Friedman. 
    Thank you,
    Shalom C. Spira
    Montreal, Canada
    update