Rodef - violating traffic laws

 Rav Sternbuch 1:850): Question: A Jewish driver who normal speeds or doesn’t have a license – is it permitted to report him to the police? Answer: It states explicitly in Shulchan Aruch (Y.D. 388:12) that if someone is engaged in counterfeiting and is thus a danger to the community – he should be warned to stop. If he doesn’t listen to the warning it is possible to report him to the police. The Gra there says that the counterfeiter has the status of a rodef (pursuer) even though he does not intend to harm others and even though the harm is an indirect result of his actions and even though the danger is only a possibility not a certainty. There is nothing more dangerous than a reckless driver who is speeding or one who has no knowledge of proper driving skills - as indicated by the fact he has no license. Such people are likely to kill other, chas v’shalom and therefore they have the halachic status of rodef (pursuer).  That is why in fact the secular law that requires a skilled driver with a license is in fact a just and obvious law for the welfare of society and we are fully obligated to observe these laws. Anyone who treats these laws with contempt and disobeys them, we are concerned that such a person can come to kill and therefore he deserves serious punishment – even imprisonment. (See Tashbatz 3:168 regarding having non-Jews imprison a Jew as punishment and also Maharshdam C.M. 55.6). However it is appropriate not to hand him over to the government immediately but only after he has been warned first by the rav of the community or the beis din. They should tell him that if he continues violating traffic laws they will report him to the police so that he will be punished appropriately. (It should be done this way because if he is simply warned he will not believe that he will be reported to the police.). If despite the warning he insists of violating traffic laws and showing contempt for the community he should be reported. (R’ Yaakov Kaniefsky was very angry with those who violated traffic laws whose purpose is to protect the lives of the members of society.  I heard that someone once came to him because he was worried that he was about to receive a very severe punishment because he had violated the traffic laws. He wanted to receive a beracha that he would be free of the punishment. R’ Kaniefsky replied with a very sharp admonition and told him that in truth he deserved to be punished!) (This was even though R’ Kaniefsky was not necessarily in agreement with the secular laws in general). Therefore it would appear that if the person is considered a danger to society and since we can’t punish him ourselves, he should be reported to the police – with the permission of beis din or the rabbi of the community. This is in fact a mitzva since it is saving the community from harm and possible death.

 Minchas Yitzchok (8:148): Is it permitted to report to the police reckless drivers who are a danger to other motorists and pedestrians? Concerning the question regarding motorists who drive their vehicles in a manner which endangers all those who are on the road with them by means of the means different scenarios that are described in his letter. Is it permitted to report them to the police? This will typically result in a monetary punishment or the cancellation of their driver’s license for a fixed period or incarceration in jail and it serves as a deterrent to actions which endanger others. Answer: Even though halacha prohibits causing a Jew to be given bodily or financially to the secular justice system, nevertheless a Jew who endangers other people is not included in this prohibition. This is explicitly stated by the Rambam (Hilchos Chovel u’Mazik 8:11) and Shulchan Aruch (C.M. 388:12): “All those who disturb the community and cause it distress it is permitted to give them over to the secular government to be punished whether by beating, imprisonment or fines…” It is obvious that all those who drive carelessly and in a wild manner, endanger the lives of all those are near them. We in fact have been commanded to avoid danger and to prevent it from happening. Perhaps by taking actions against these drivers it will prevent danger and reduce the number of accidents. There is a difficulty however. The Rambam (Hilchos Chovel u’Mazik 8:9) states that it is prohibited to hand over a person to the secular government whether physically or financially even if he is wicked and even if he disturbs and distresses… And then the Rambam (Hilchos Chovel u’Mazik 8:11) states, “And thus all those who disturb and distress the society it is permitted to hand them over to the secular government to be beaten or imprisoned or fined..” What is the source of the distinction that the Rambam makes between those who disturb individuals and those who disturb the community? I could not find a source in the standard commentaries on the Rambam. However I found a source in the Chasam Sofer and his son the Ksav Sofer on their commentary to Gittin (7) and this supports the view of the Rivash (239). The Rivash notes, “If someone is disturbing and distressing the community then he should be punished according to what the beis din sees fit as we find in the Rambam (Hilchos Chovel u’Mazik 8:5): ‘All those who disturb and distress the community it permitted to give them to the judges to be beaten, or jailed or to be fined - while if it only concerns an individual it is prohibited.’ And similarly when the beis din sees a need to restore order to that generation…and the needs of the time require and they want to punish more than the halacha specifies for the sake of preserving society… they are permitted…” This ruling of the Rivash is cited by the Rema (C.M. 388:15). Thus we see from the Rivash- based on the explanation of the Rambam by the Chasam Sofer and the Ksav Sofer - that for an individual who is only being verbally abused it prohibited to report his abuser to the secular authorities. But that verbal abuse of the community is sufficient justification to call the police or surely to have him punished by a Jewish court…. However the Sema (C.M. 388:30):“This that the abuser is not reported to the secular authorities is only when he is verbally abusive but if he causes financial loss and surely if he beats him or causes bodily suffering it is permitted to report him to the secular authorities as is stated in the Rema and the Darchei Moshe. See also the Tur (C.M. 425:2).” This distinction is readily seen according to the Chasam Sofer’s explanation of the Rambam… Rashi also would seem to support the idea that if the abuser caused a loss of money and forgery then it is permitted to report him… The Rambam (Chovel u’Mazik 8:11) seems to being saying that only when it is verbal abuse that the abuser is not reported to the police but if he causes actually loss than it is permitted to prevent him suffering a loss. This is also the Rema (C.M. 388:9) and the Shach (C.M. 388:59-60)…The reason that the moser can be reported to the police is because he has the status of a rodef (pursuer) - as we find stated in the Rema (C.M. 388:12) and in the Sema (C.M. 388:29). The law of rodef is discussed in Shulchan Aruch (C.M. 425:1). Every Jew has the obligation to save others from a rodef according to the procedure discussed there. The Rema (C.M. 388:12) states that the rodef is someone who endangers the community such as a counterfeiter and it is permitted to report him to the police after warning him to stop…. Returning to our question, it is obvious that someone who drives at excessive speeds and thus cannot stop quickly enough when needed without causing an accident - has the status of a rodef (pursuer) even if his behavior was much less serious. … If after warning him he continues to act in this way, it is permitted to report him to the police. It is obvious that this is true for the other behaviors mentioned such as stopping at stop signs which enable pedestrians to cross the street or if he is dangerously tailgating the car in front of him. The same applies if he is driving without a license – all of these are in the category of rodef which endangers himself and others. Even if he doesn’t intend to endanger others he is still considered a rodef. Also included is if he stops his car in a way that endangers pedestrians or by parking on the sidewalk which forces the pedestrians to go into the street or any of the other ways that that are described in the letter. All of these are equivalent to digging a pit in the public area… However as is explicit in Shulchan Aruch in all these laws – whether it is rodef (Shulchan Aruch C.M. 425) or moser (Shulchan Aruch 388:10) or whether it counterfeiting – before the perpetrator is reported to the police he needs to be formerly warned. Also in our case he should not be reported without beis din first warning him. Therefore those who are involved in this mitzva of life saving should first go to beis din and to present their claims before them…

International Extradition: A Guide to U.S. and International Practice

 https://www.arnoldporter.com/en/perspectives/publications/2020/11/international-extradition-a-guide

Extradition treaties are intended to operate like contracts and obligate the parties to arrest and surrender a person to a foreign treaty partner upon request, provided that the treaty's requirements are met and no exceptions apply. Extradition treaties are individually negotiated and may vary in order to accommodate the legal systems and priorities of the negotiating countries, but they generally share common elements. They establish requirements for both the country sending the extradition request (the "requesting state") and the country receiving the request (the "requested state").

How Jewish American pedophiles hide from justice in Israel

 https://www.cbsnews.com/news/how-jewish-american-pedophiles-hide-from-justice-in-israel/

 A CBS News investigation has found that many accused American pedophiles flee to Israel, and bringing them to justice can be difficult.

 Jewish Community Watch (JCW), an American organization that tracks accused pedophiles, has been trying for years to find Karow and help bring him to justice. 

JCW says Karow and other wanted men and women have been able to exploit a right known as the Law of Return, whereby any Jewish person can move to Israel and automatically gain citizenship.

Since the small organization started tracking accused pedophiles in 2014, it says more than 60 have fled from the U.S. to Israel. Given its limited resources to identify these individuals, JCW says the actual number is likely much larger.

Brooklyn child-molest monster ‘got away with it’ after fleeing to Israel

https://nypost.com/2012/06/03/brooklyn-child-molest-monster-got-away-with-it-after-fleeing-to-israel/ 

Here is Avrohom Mondrowitz, New York’s most notorious child molester — living scot-free in Israel.

Called the “Bin Laden of pedophiles” by one victim, the bogus rabbi and self-proclaimed psychologist fled the United States in 1984 just before cops broke into his Borough Park, Brooklyn, home with a search warrant. They found a cache of kiddie porn and lists of hundreds of names of local boys, most referred to Mondrowitz by Jewish families and child-service agencies for counseling and his yeshiva-style program.

“He was known in the insular community as the go-to therapist, child mentor,” said an outspoken victim, Mark Weiss, whose parents sent him to Mondrowitz at age 13. “He had a certain knack with kids.”

 

Silence and self-rule: Brooklyn's Orthodox child abuse cover-up

 https://www.theguardian.com/world/2012/mar/29/brooklyn-orthodox-jews-child-abuse-cover-up-feature

 Last summer the rabbis on the Crown Heights Beit Din even ruled that reporting child abuse is not mesirah – the ancient taboo against informing on another Jew – and that cases must not be taken to them, but to the secular authorities.

 As it is, the rabbinic leadership shows little sign of acting on its own accord.

When Brooklyn Assemblyman Dov Hikind first started using his radio show to discuss child sexual abuse some questioned his right to interfere, he says. "So I told the leader of a major Jewish organisation in the religious community: 'I will stop doing everything I'm doing if you commit to me that you will take charge of this and do what needs to be done. If you accept my offer, please call me and I will be out of it.'" That was five years ago. Hikind is still waiting.

Child advocates blast systemic failures in Israel’s handling of sex abuse cases

 https://www.jta.org/2019/07/01/israel/child-advocates-blast-systemic-failures-in-israels-handling-of-sex-abuse-cases

In May, the state comptroller’s annual report revealed that 60 percent of Israelis jailed for sexual crimes ended up being released without undergoing any sort of therapeutic treatment to prevent recidivism.

While he felt that he could not comment on specific allegations against Litzman, American activist Rabbi Yakov Horowitz said there was definitely a pattern in how such cases are handled in Israel, especially when it comes to extraditing accused abusers such as Leifer and Avrohom Mondrowitz, who has been living openly in Israel for years. Mondrowitz is a Gur Hasid and accused serial molester who fled Brooklyn for Israel in the 1980s. Tablet reported that some believe that local authorities in New York declined to have him extradited because of haredi political pressure.

 

Sexual Assault Allegations Rock an Israeli Hasidic Community

 https://www.haaretz.com/israel-news/.premium-sexual-assault-allegations-rock-an-israeli-hasidic-community-1.8293926

 The son of Rabbi Yaakov Aryeh Alter, leader of Ger Hasidic community, has been accused of abusing male yeshiva students over years ■ Sect, which denies allegations, did not notify authorities and paid a large sum to prevent publication

Israeli police recommend Yaakov Litzman indictment over Malka Leifer case

 https://www.theguardian.com/world/2019/aug/07/israeli-police-recommend-yaakov-litzman-indictment-over-malka-leifer-case

The Israeli police say they have enough evidence for an indictment of Litzman for tampering with witnesses.

“With the end of this investigation the Israeli police’s position is that there is enough alleged evidence against deputy minister of health Yaakov Litzman of offences of fraud, breach of trust, and impeachment in testimony in the [Leifer] extradition case,” the statement said.

The investigation allegedly found that psychiatrists feared they would be fired if they did not follow the orders of Litzman, who is also chairman of the ultra-Orthodox United Torah Judaism party.

Adass Israel School sex abuse scandal

 https://en.wikipedia.org/wiki/Adass_Israel_School_sex_abuse_scandal

In February 2019, it was revealed that Israel's deputy health minister, Yaakov Litzman, was questioned by police on the suspicion that he had been using his position to prevent the extradition.^[13] It was alleged that Litzman pressured doctors to falsify psychiatric evaluations that deem Leifer unfit to stand trial, therefore preventing her extradition.^[56][57] Litzman claimed that everything he did was legal, and that he was acting "for the good of the public". Like Leifer, Litzman is a Gur Hassid;^[58] it was revealed that Leifer had previously held a position at a school run by the ultra-Orthodox group.^[59]

Violence In America

 https://www.americanheritage.com/violence-america

 Men, especially young men, are at the heart of American violence. Their behavior is most dangerous in their teens and twenties, the years when they are likeliest to kill, riot, vandalize, steal, and abuse alcohol or other drugs. The surest way to reduce crime, the psychologist David T. Lykken of the University of Minnesota has remarked, would be to put all able-bodied males between the ages of twelve and twenty-eight into cryogenic sleep.

 

Arab communities shattered, as organized crime fuels a skyrocketing murder rate

 https://www.timesofisrael.com/arab-communities-shattered-as-organized-crime-fuels-record-levels-of-bloodshed/

Many Arab Israelis blame the violence on organized crime, and accuse police of devoting too few resources to root it out in Arab cities, towns and neighborhoods. Experts, policymakers and activists argue that even as Israeli police have cracked down on crime among Israeli Jews, not enough has been done to combat endemic violence in the Arab community, which has long suffered from official neglect.

 

Litzman to be indicted for interfering in case of alleged child abuser

 https://www.ynetnews.com/article/ByprFIyvd

 Former health minister set to be hit with charges of bearing false witness, fraud and breach of trust in Malka Leifer affair for allegedly trying to influence psychiatrists tasked with assessing her mental fitness

Anulling marriage when husband is impotent

Igros Moshe (E.H. 1:79) Impotent husband. Concerning a woman who married a man and immediately after the wedding it was clear that he was totally impotent and incapable of having sexual relations at all. It was also clear that  his problem existed prior to getting married since he was not able to have intercourse the night of the wedding. Furthermore there is the testimony of expert doctors who treated him with various medicine that were ineffectual that his condition is incurable and the wife is young and needs to remarry but her husband refused to divorce her and he ran away and it is impossible to obtain a get.  The question is whether the marriage can be annulled because if she had known that he was impotent she would never have married him?. This issue has been thoroughly discussed in contemporary and ancient  tshuvos. Some conclude that it is prohibited and some permit it theoretically but not in actuality. Others claim that it is permitted by the Torah but prohibited by the rabbis. However since this is an issue of helping an aguna the matter needs to be investigated despite the fact that I am not worthy in particular to decide between the words of our teachers. G-d should help us to not err in the halacha and we should teach the true actual halacha. It would seem clear and obvious  that if the husband is incapable of intercourse -which is the basis of sexuality and it is the reason why a woman marries and that the Torah describes the absence of intercourse as affliction (Yoma 77).  Tosfos (Kesubos 48) indicates that a woman marries in order to have sexual intercourse. Consequently it is clear and obvious that if the man is incapable of sexual intercourse that it is a very great defect in terms of the reason she got married and there is no need to bring proofs to this. But there is also a great proof as we see in the Ein Yitzchok (E.H. 24.6) in citing Tosfos (Yevamos 65) that if the husband is impotent he is required to divorce his wife.  This is also the view of the Tur and Shulchan Aruch (154) and also the Beis Yosef cites it in the name of Rashba that we force the impotent husband to divorce her since she got married to have sex. .  Thus we see it is a major deficit. So even if you have a doubt that perhaps there are some women who don’t care if their husband is impotent and therefore we can not force a divorce. But perhaps this last proof shows that we can force a divorce even though we are concerned that even though most women do care about this even though there is a minority that doesn’t care.  However it is more likely that the reason we can force a divorce is because all woman only marry for intercourse. And thus this is a case of mekach ta’us (mistaken transaction)to annul the marriage  The reason that they say to force the divorce and don’t say the marriage is annulled is because their case was of a man who became impotent after they got married. This distinction is important regarding all serious deficits, since there are some woman who prefer marriage under almost any circumstances.  Impotence is not only a major deficit but it is worse than a case such as mucha shechin (skin disease) because sex can not exist at all with it. All the Achronim agree that is a major defect and therefore it can be the basis to annul the marriage if she wasn’t aware of it before she got married and only learned of it after the marriage.  Consequently after much analysis in this case of an impotent husband and it has been determined that he was this way even prior to marriage and it is impossible to obtain a get from him – she should not be an aguna and she should be permitted to remarry because of annulling the marriage (kiddushei ta’os).

Republicans Are One Bill Away From Making It Legal to Shoot a Protestor Whose Sign They Don’t Like

 https://www.vanityfair.com/news/2021/04/gop-anti-protest-bills

 Following the signing of a Florida “anti-riot” law that, among things, grants civil immunity to people who decide to drive their cars into protesters who are blocking a road and makes it a second-degree felony to destroy a plaque, memorial, painting, flag, or other structure commemorating historical people or events, the New York Times reports that GOP lawmakers in dozens of states have introduce anti-protest bills meant to silence people speaking out for justice. Oklahoma and Iowa, for instance, were apparently inspired by what Florida did re: basically encouraging drivers to strike protestors with their cars, and passed similar bills granting legal protections in certain situation for drivers who hit protestors supposedly blocking the street. In Indiana, a Republican proposal would ban anyone convicted of unlawful assembly from holding state employment. A Minnesota bill would bar people convicted of unlawful protesting from receiving unemployment benefits, housing assistance, and even student loans. In Kentucky, where Breonna Taylor was killed by the police inside her apartment last year, the State Senate passed a bill that would make it a crime to insult a police officer with “offensive or derisive” words or gestures that could “provoke a violent response.” (In other words, one could be charged for using words that caused a police officer to violently respond to them.) That measure would have required those arrested to be held in jail for a minimum of 48 hours, a rule that does not automatically apply to people arrested in Kentucky on charges of arson, rape, or murder. While the bill died in the statehouse, its lead sponsor, Republican State Senator Danny Carroll, said he would refile it next session.

As the Times notes, these bills are completely unnecessary given the fact that (1) last summer’s protests were overwhelmingly peaceful—96% involved no police damage or police injuries, while a report found that it was police officers or counterprotesters who often instigated violence and (2) laws already exist to punish rioting. Instead, the measures are clearly aimed at scaring people into staying silent.