Chanukah and the claim that a woman has a right to a Get on demand

Guest Post

 

A Freilichen Chanukah to all visitors to this site, who come to hear what Da'as Torah has to say on various issues, 

Sholom u'Brochoh!

With the last rays of Chanukah flickering into oblivion, already searing through Chodesh Teves, the darkest month, along with the rest of the cold and dark winter, )in particular going with Rabbeinu Tam's zman shkiah,:-) I thought that perhaps it would be appropriate to grab the opportunity for a "mesiba". What?? Yes, a get-together l'kovod Chanukah!

Compounding that with the minhag to engage in pilpul on Torah sheba'al peh, since Chanukah is a Yom Tov of Torah sheba'al peh - which brings me to the focal point: our enemies' intent on shikchas HaTorah.

Of course we know that the Yevonim would have let us *study* Torah, but we know that it was only tolerable as a *chochmoh*. To let us *observe* (pardon my *antics*) the Torah? Aha! That was a different story. Again here, we know that malpractice of Torah, despite preservation of the text, is nonetheless shikchas HaTorah.

Eras have come and gone with arising with various issues of threats to Jewish Identity. For example, the Reform Movement (whose founding fathers were very learned) that started out with the changing of direction of the bimah to face the kehilla, bringing in change after change, up to the point that there is virtually nothing that they observe.

We all know that on Chanukah, that we again ask the famous kashya of the Bais Yosef, dor achar dor, but here, appropriate for this site and more so, in the spirit of this site, we wish to, nonetheless, engage in a pilpul that has to do with Issues of Jewish Identity.

Unfortunately, we are exposed to secular society and to their ideas, causing us to adopt them as second nature. We are exposed to society that stresses 'women's rights' or 'equal rights'. We are pressured to find it unconscionable that a woman in the 21st century cannot free herself from marriageable bondage among our ethnic society, so we are thus compelled to go as far as administering forceful and dangerous coercion of a get, then, when that ceases to be an option, to just annul a marriage in order to not necessitate a get (without even hearing out the other party, as we know) - amounting to an alternate route to shikchas HaTorah.

Yes, some of may argue (with consternation) that this issue has been discussed quite some time before, but others, on the contrary, would (gleefully) want it revisited, as is perceived that the more it is discussed, the more we see ignorance on the basics of such a core issue, finding it imperative to one more time, lay out on the table.

Hence, without further ado, the shayla: is there any basis for get on demand? Are we halachically, ethically or morally coerce or pressure or coax or cajole a man to do so? After doing some research, or perhaps, iyun, and with pilpul chaverim, no one was able to indicate to me where it is brought al pi Shulchan Aruch that although when a get cannot be coerced, it is 'yashrus' to give one and that there is no need for any m'kor and that it should be done nonetheless out of common sense! I found it odd that such a vastly popular notion should have no mention in anywhere in Tanach , Shas or poskim.

Our Gemara mentions dinim we must do out Chassidus (Pirkei Avos is all chassidus). In nezikin there are things that's we may be potur b'dinai Odom and yet, chayav b'dinai Shomayim. There are halachos- al pi din, to do because of "v'osisoh hayoshor v'hatov" and in the Shulchan Aruch there instances where"hamachmir tovo olov brochoh". In short, we see many scenarios where we are to conduct ourselves beyond the letter of Law, and many times demanded so by Halacha itself! So again, and from new perspective - why is there no m'kor for get on demand, especially if it is such a fundamental?

Furthermore, perusing through teshuvos of igunah, we often find the classic case where we need to be mattir a woman because her husband disappeared. There are cases then where the husband is not well and physically or mentally incompetent to give a get due to illness. Does anyone remember where there was a teshuva how to get a woman out of a marriage because she simply wanted out because she didn't feel the relationship would work out?

After humbly expressing all formalities to all talmidei chachamim and ready to be shredded apart, (already putting forth an urgent request for anybody to come to my defense,) with ra'ayos back and forth, I put before you (albeit with great trepidation) my thoughts:

If I may, I bring a ra'ayah from Yevomos 106b on the Mishnah "Mitzvas chalitzah: bo hu v'yovimto l'bais din v'hain m'si'in lo eitzah hogenes lo she'nemar (translation: he and his yevomoh (- his childless brother's wife that he can marry - and by force) come to Bais Din), "v'koru lo ziknai iro". Rashi says on the words "eitzah hogenes lo" says: go to those who are comparable to you and do not bring in machlokes to your house. The Bartenurah elaborates a bit more: if he is young and she is old or he is old and she is young, they tell him that what do you need an old one for? What do you need a young one for? Go to those like you!

Question: isn't that common sense? And furthermore, why is there no counterpart to this Mishnah in Masechta Gittin that if she wants a get and he does not, that we tell him something like, 'Look, it's not going to work, you need to go on with your life'?

Perhaps I can answer that the Torah makes a distinction as follows: in yibum, the yevamah never agreed to get married to this man, who happens to be her deceased husband's brother, so *Da'as Torah* states (to the extent that it makes it to the Mishna) that although we can't control him, we at least advise him or steer him, but by gittin, since this bond was done with HER COMMITMENT, there is not even an *ethical* suggestion of advising or steering him, even in the most gentle way, to appease her.

One more ra'ayah (and hopefully others will construct (or perhaps even destruct) upon my cornerstone,): the Cherem of Rabbeinu Gershom prohibiting one to divorce a wife against her will: is it not ethically wrong to force a man against his will to stay married to a woman that he dislikes? Apparently, this question is not asked nowadays, only the other way around : how can the rabbis force a woman to stay married to someone that SHE dislikes? (By the way, the Israeli Rabbanut has found by a poll that more women refuse a get than men.) We see from here that it is ethically perfect to l'chatchillah make a takanah binding (or 'enslaving') a man to his wife. Therefore, we see that the same would apply vice versa, binding a woman to her husband - especially that we don't find any ethical notion or suggestion otherwise.

Thanking you all for your audience and best wishes for wonderful winter,

May we take along the light and warmth of Chanukah.....

An Open Letter to Rabbi Rosenbaum, President of the Rabbinical Council of Greater Washington / Vaad Harabonim of Greater Washington

Dear Rabbi Rosenbaum,

You have greeted me with a smile despite my opposition to your treatment of Aharon Friedman. Sometimes we clashed in public. On two occasions I counter-protested at rallies against Aharon that you promoted and attended. We met privately several times to discuss the matter.

I have contacted some of the other Rabbinical leaders in the DC area. When I bring up the issue of the Washington Vaad letter that urges people to persuade Aharon to give a Get, all roads lead back to you. You hold the key to rescinding the letter.

The Vaad letter specifically references a letter from the Agudas Harabonim that also calls on people to persuade Aharon to give a Get. It is clear to all now that that the Agudas Harabonim letter is a fraud.

The Agudas Harabonim letter is fraudulent in numerous ways. It is from a Bais Din, and yet the Bais Din never met with one of the parties in the dispute. It is from a Bais Din, yet this Bais Din did not have jurisdiction, despite the assertion otherwise in the Vaad letter. It is from a Bais Din, but one of the signatories to the letter received favors from the family of one of the parties to the dispute. The list goes on and on. One of the signatories is headed to prison because he was part of another Bais Din that ruled that a non-existent husband in a non-existent marriage should be beaten. At least one official of the Agudas Harabonim participated in the attempted beating. One or more of the other signatories was aware, and apparently approved, of this other Bais Din's method of making secret rulings to beat husbands. One of the signatories specifically said the letter is not meant to be used as a basis for public rallies against Aharon, but that is exactly how the letter was used by ORA at a rally here in DC where I first met Rabbi Jeremy Stern and he showed me the letter.

Perhaps most significantly, the Agudas Harabonim letter purported to be a Seruv but did not conform to the Halachic format of a Seruv. The letter was phony on its face.

The Vaad letter refers to Tamar Epstein as an "agunah". This "agunah" just remarried. It is two years since this "agunah" declared herself free and stopped demanding a Get.

Yet, you, Rabbi Rosenbaum still demand of other Rabbis in town that they pressure Aharon to give a Get.

And the Rav is an honorable man.

So I would like to ask you, or any other Rabbi in town who accepts you as leader of the Vaad, to please explain to the thousands who follow this blog, what is your basis for excluding Aharon until he gives a Get?

Please include the basis for the Vaad determining the Baltimore Bais Din no longer had jurisdiction, and please explain the Halachic basis for forcing a Get in the context of a wife unilaterally deciding to leave her husband.

I hope the graciousness you have always shown me will be extended to answering my sincere question.

Joe Orlow

The Wolmark-Epstein gang's Hamas / ISIS defense by Nathan Lewin (part II)

 Guest post

The most important right Jews have in the United States is the free exercise of religion provided by the First Amendment. As originally enacted, the First Amendment applies only to actions by the Federal Government. The Fourteenth Amendment applies these protections to State and local governments. However, the Constitution only protects against government actions. Congress viewed the free exercise of religion as so important that it enacted several statutes providing that interference or attempted interference with the free exercise of religion is amongst the most heinous of crimes. Therefore, Congress made persons committing this crime, if combined with certain aggravating circumstances, eligible for the most severe possible punishment, the death penalty. Included amongst the aggravating circumstances that make this crime eligible for the death penalty, are kidnapping, attempted kidnapping, and sexual assault and attempted sexual assault.

As noted previously, the Epstein-Wolmark gang, whatever its motivations (whether religious, money, pure sadistic glee at torturing another human being) forced and attempted to force several Jewish man to perform a religious action against their will. This is completely indisputable. The gang was properly charged with kidnapping, attempted kidnapping, and conspiracy to commit these offenses. Contrary to the arguments of Mr. Nathan Lewin on behalf of the Epstein-Wolmark gang, any supposed religious motivations (itself doubtful, as noted previously) does not bar prosecution for these violent crimes. But the gang’s actions are far worse than that. The Wolmark-Epstein gang clearly violated two Federal capital crimes, 18 U.S.C. 241, and 18 U.S.C. 247, combined with the aggravating circumstances needed to make the gang eligible for the death penalty under the statute. It is of course extremely rare for Federal prosecutors to even ask for the death penalty, but the fact that the Wolmark-Epstein gang committed crimes eligible for the death penalty highlights the extreme heinousness of their actions.

18 USC § 241

If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise [including free exercise of religion under the First Amendment] or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

18 U.S.C. § 247

(a) Whoever, in any of the circumstances referred to in subsection (b) of this section—

(1) intentionally defaces, damages, or destroys any religious real property, because of the religious character of that property, or attempts to do so; or

(2) intentionally obstructs, by force or threat of force, any person in the enjoyment of that person’s free exercise of religious beliefs, or attempts to do so;

shall be punished as provided in subsection (d).

(b) The circumstances referred to in subsection (a) are that the offense is in or affects interstate or foreign commerce.

(c) Whoever intentionally defaces, damages, or destroys any religious real property because of the race, color, or ethnic characteristics of any individual associated with that religious property, or attempts to do so, shall be punished as provided in subsection (d).

(d) The punishment for a violation of subsection (a) of this section shall be—

(1) if death results from acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, a fine in accordance with this title and imprisonment for any term of years or for life,

or both, or may be sentenced to death;

(2) if bodily injury results to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, and the violation is by means of fire or an explosive, a fine under this title or imprisonment for not more that 40 years, or both;

(3) if bodily injury to any person, including any public safety officer performing duties as a direct or proximate result of conduct prohibited by this section, results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, a fine in accordance with this title and imprisonment for not more than 20 years, or both; and

(4) in any other case, a fine in accordance with this title and imprisonment for not more than one year, or both.

(e) No prosecution of any offense described in this section shall be undertaken by the United States except upon the certification in writing of the Attorney General or his designee that in his judgment a prosecution by the United States is in the public interest and necessary to secure substantial justice.

(f) As used in this section, the term “religious real property” means any church, synagogue, mosque, religious cemetery, or other religious real property, including fixtures or religious objects contained within a place of religious worship.

(g) No person shall be prosecuted, tried, or punished for any noncapital offense under this section unless the indictment is found or the information is instituted not later than 7 years after the date on which the offense was committed.

Tamar Epstein's Heter: Psychologist Dr Baruch Shulem says the first concern is that the therapists need to be reported to the professional bodies for making a report about someone they never met

I had a discussion today with Dr. Baruch Shulem - one of the leading psychologists in Israel - about the use of forensic reports made by psychologists/psychiatrists about someone they never met. In addition about the belief of poskim that psychology/ psychiatry is a science and that conclusions made by therapists can be totally accepted and halacha paskened - without concern with how those conclusions were reached.

He said I could report in his name the following. The critical issue in the present case is not the mistaken belief that psychology is a science like medicine - even though it is in fact a significant problem. The most important thing is that this heter should never have been given because a therapist is not allowed to give a report about someone they have never met. He therefore said that it is critical to get the names of the therapists and make complaints to the AMA, APA and other relevant organizations. In addition he strongly advised going to a lawyer to see what legal actions can be taken against these therapists.

Aside from being unethical or possibly illegal there is a major problem of their lack of validity. Consequently there is no factual basis for the heter. It is elementary that one can not issue a psak without knowing what the facts are.

Anyone who knows who the therapists are that wrote the reports for Tamar Epstein's heter - should  let me know their names and any other details that might help in reporting them.  If anyone can send me a copy of the reports - that would be very helpful.

Rav Shmuel Kaminetsky will be attending Torah Umesorah Conference December 17- 20 Aventura, Florida

The Wolmark-Epstein gang's Hamas / ISIS defense by Nathan Lewin

Guest post by a concerned Jew and American

The Epstein-Wolmark cirminal gang argued, in a brief written by Nathan Lewin, that the relgious aspect of their activies somehow immunizes them from criminal prosecution under Federal law. Judge Wolfson rejected this claim in her ruling on this issue earlier this year.

It is far from clear that the criminal gang acted out of any religious motivation, or even believed that they were actually helping women receive divorces considered valid (under any interpreation of Jewish Law). It is clear from the case that the defendants received large sums of money to commit kidnapping and torture. Even if the gang really believed what they were doing was pursuant to Jewish law, were they acting out of religious principles or were they trying to enrich themselves?

Even according to the most lenient opinions in Jewish Law, there must be some basis for a legitimate beis din to conclude that a get procured through the use of coercion has any validity. The facts established by the prosection in the case demonstrate very clearly that the the gang did not perform any real due diligence in the cases it took on. To the contrary, the gang attempted to kidnap and torture a fictitious husband to "free" a woman from a "marriage" that did not exist. This completely undermines the claim that the gang itself believed that they were acting according to any interpretation of Jewish Law or that they were procuring divorces that were valid under Jewish Law.

Even if the gang was acting pursuant to their beliefs under Jewish law, Mr. Nathan Lewin's argument that those committing violent crimes pursuant to their religious beliefs may not or should not be prosecuted or that the religious component of their motivation should be treated as a mitigating factor is shameful and reprehensible, not to mention extremely dangerous, particularly for the Jewish community. Mr. Lewin's argument would also justify arguments by members of Hamas, Hizbollah, al-Queeda, or Islamic State or other radical Islamist groups that they may murder Jews with impunity because they believe that their religioun commands them to do so.

The Wolmark- Epstein gang's argument that the religious angle somehow shows that the prosecution overcharged the case, and inappropriately charged the gang with kidnapping where much less serious charges should somehow have been appropriate has things exactly backwards.

The U.S. Attorney's office generally argued that the gang committed kidnapping and that any religious motivation did not make kidnapping into some lesser crime.

But well beyond neutrality, the religious angle of the case illustrates that if anything the defendants were under-charged for their heinous crimes in this case.

Regardless of the gang's true MOTIVATIONS (whether motivated by religion, money, or sadistic desire to torture), what the gang actually DID was to kidnap, or attempt to kidnap, Jewish men and torture them in order to force the men against their will to perform the religious act of giving a get . For these purposes, it does not matter whether the men had a religious obligation under Jewish Law to give a get, were allowed under Jewish Law to give a get, or whether the men were prohibited by Jewish Law from giving a get. In any case, they were coerced (or the gang attempted to coerce the men) into perfoming a religious act against their will.

Congress decided that coercing individuals into religious actions is a particuarly heinous crime as it involves the violation of their most fundamental rights as human beings and as Americans. Thus, Congress enacted several laws specifically addressing this behavior, and subjecting such behavior to the most severe possible penalty.

(To be continued)

Litvish Yeshivos, Then and Now, a Real Rags to Riches Story! Part 1.by RaP

Guest post by RaP

Recently there has been some discussion on this blog about the nature of modern-day Litvish ("Lithuanian type") Yeshivos and their rabbinic and lay leaders, the Roshei Yeshiva and the Balebatim (laymen) that support them in America but also in Israel that are the two main centers for these central Torah learning institutions.

Today the Litvish (Lithuanian-type) yeshivas have luxurious air-conditioned buildings, with thousands of students, living in hotel-like dorms, and kitchens serving restaurant-type foods, often spread over a few campuses, with huge teaching and admin staffs, with budgets running in the millions or tens of millions of dollars per year!

But it was not always like that, nor was it what the founders of this system in Lithuania originally had in mind about 200 to 300 years ago!

When Rav Chaim Volozhiner (1749 - 1821) founded the so-called "Mother" of all Litvish Yeshivos in the small town of Volozhin Lithuania, he began with ten Talmidim (students) that he maintained at his own expense. Supposedly, it is said, that his wife even sold her jewelry to contribute to their maintenance.

Very different to the modern-day yeshivas that look and work more like modern corporations with CEOs, COOs, CFOs, CTOs, employing full time staffs of clerical workers, maintenance staff, administrators, highly paid professional fundraisers, and many other types of staff.

Keeping these huge operations running is the primary goal and the mission of its top echelon lay leaders and especially of the top Roshei Yeshiva who spend much of their time talking to or travelling to a variety of millionaires, billionaires, tycoons and all sorts of big wigs, including politicians, lawyers, accountants and all sorts of professionals and entrepreneurs who are seen as the essential resources to keep these vast "Yeshiva Inc" enterprises running and humming.

If a Yeshiva looks "too poor" or slovenly it lacks prestige in the eyes of both potential students and donors and is ignored in favor of the larger Yeshivas that are viewed as types of "Ivy League" colleges that can and do have huge endowments and astronomical budgets to keep up and to impress both donors to give to such a fancy place and have their names plastered on the walls, and parents to send their sons there as a status symbol good for Shidduchim, marriage mates, marriages, future work in either the Jewish or secular world.

Top donors and laypeople (men and women) and top Roshei Yeshiva regard themselves and act like a new type of "aristocracy" with all the airs and mannerisms of rich and powerful and famous and influential people. Like modern-day celebrities that get their photos published and republished, there is a whole genre of Haredi and Yeshivish media that promote and work like "state organs" and "Public Relations agents and agencies" to depict them in the best light as they travel the length and breadth of North America, attend major "conventions" and mass gatherings, go globetrotting and are lionized by the other rich and famous.

Modern Litvish Yeshivas have become mega status symbols and networking centers to rival any similar secular educational or even political establishment today.

So it's become all about the money, as in "money makes the world go round" that is always at the top of the agenda.

To be continued.

Tamar Epstein's heter: Another Troubling Dimension … Is Aharon Being Pressured For A Quid Pro Quo?

Guest post by Ploni

First, a definition: Quid pro quo ("something for something" in Latin) means an exchange of goods or services, where one transfer is contingent upon the other.

Word is that there’s pressure for some “deal” that might work something like this: Aharon should be משליש a Get in Bais Din … in return he’ll receive better visitation, a semi-apology from Tamar and her family … and the Chillul Hashem will hopefully sink into oblivion.

Even assuming that sufficient safeguards were placed to insure that the “other side” sticks to its promises (a big if!), here are THREE REASONS why כל אשר נגעה יראת ה' בלבבו should protest against such an approach:

1) This won’t rectify the real problem. The most pressing issue is no longer visitation and obtaining a semi-apology for totally irresponsible character assassination that relied on non-existent evidence. Rather, the real issue is the wholesale dismissiveness towards the very principle of TRUTH, as defined by the basic concept of fact checking and due diligence. TRUTH is an extremely highly cherished principle of our faith, so much so that the רבינו יונה in שערי תשובה states that “sticking up” for truth is the ONLY antidote of חילול ה', which has no כפרה as long as a person is alive:

שע"ת לר"י, שער א' מאמר מ"ז: כאשר האדם משתדל לתמוך ביד האמת. ויעזור אחריו ויתעורר בדבריו. והופיע אורו לעיני בני עמו. ויחזק ידי אנשי האמת. ונשא ראשם. וכתות השקר ישפילם יגיעם עד עפר. הנה אלה דרכי קדוש ה'. והוד והדר לאמונתו ועבודתו בעולם. ועוז ותפארת במקדש תורתו.

שער ד' מאמר ה': ואמר שלמה המלך עליו השלום (משלי טז) בחסד ואמת יכופר עון וביארנוהו בשער הראשון מן התשובה וענין אמת שהזכיר ביאורו שיכין החוטא לבו לחזק ידי האמת. ולעזור למבקשי אמונה ולהסיר השקר והעול. כי הודעת האמת והשיבו לבצרה כבוד אלקים.

2) We are supposed to be מחזק those that endeavor to act ע"פ תורה, because doing so strengthens the כבוד of Torah. The evidence points to the fact that Aharon has suffered PRECISILY BECAUSE he tried doing the “right thing” . Instead, what he got in return … again and again … was just ביזוי בזיונות.

Evidence shows that the core issue of socializing originally separating the couples worldview was very much intertwined with not wanting to talk לשון הרע and דיבורים אסורים. Why hasn’t this issue been properly addressed in therapy and through Tamar’s Rabbinic advisors? It is not far-fetched to say that had this been dealt with properly, the whole tremendous חילול ה' never would have started.

Evidence shows Aharon’s concern with ethics and morals. This is not only highly valued ע"פ השקפת התורה but also seen as a tremendous asset for sustainable intrinsic wellbeing / happiness in cutting edge psychology. Why hasn’t this issue been properly addressed in therapy and through Tamar’s Rabbinic advisors?

Evidence shows that Aharon listened to his Rabbinic advisor and took his disagreement to Bais Din instead of ערכאות (after getting the היתר ערכאות for only emergency purposes), which later ended up costing him dearly. Why hasn’t this issue been properly addressed through Tamar’s Rabbinic advisors? Shouldn’t they, OF ALL PEOPLE, be concerned with upholding the intuition of B”D? Why, to this day, has the Bais Din never issuing a Siruv against Tamar? Why have רבנים חשובים had to send private messages of support to Aharon, while stating that doing so publicly would only damage them and not do anything to help him?!

It is important to note that our obligation is to be מחזק those that ENDEAVOR to act ע"פ תורה. It has absolutely NOTHING TO DO with whether or not their concerns ultimately end up being accurate. Judaism is wholly centered on השתדלות to do the right thing. Failure to be משתדל is what counts, and therefore the punishment for being dismissive of a ספק איסור is greater than that of a וודאי איסור:

תלמידי רבינו יונה בשם רבינו יונה ברכות א: מדפי הרי"ף: עיקר היראה ליזהר מהספקות ושלא לעשות המצות על דרך ההרגל שעונש הספק יותר מהודאי וכן מצינו שעל הודאי מביא חטאת ... דמי כשבה או שעירה שיביא לחטאת ... היא מעה ... ואם מביא אשם על הספק .... צריך להביא ב' סלעים שהם מ"ח מעין ... והטעם בזה למה החמירו על הספק יותר מן הודאי אומר מורי הרב שהוא מפני שעל הודאי משים האדם החטא אל לבו ודואג ומתחרט עליו וחוזר בתשובה שלימה אבל על הספק עושה סברות ואומר ... אולי היתה מותרת, ולא ישית אל לבו לשוב, ולזה החמירו בו יותר.

3) It is disgusting, unethical and against Halacha to “barter” for removing the stain of defamation / הוצאת שם רע. We should resist such “bartering” even if only monetary matters were at stake, and surely when the issue is defamation. Furthermore, pressuring Aharon while offering only muted criticism of the process used in Taamr’s heter only adds indescribable insult to injury.

Even in regards to simple monetary matters, Halacha prohibits the advancement of a false claim so as to improve the strength of a party’s self-interest. This is a prohibition for Dayanom (חו"מ ס' י"ח ס"א), Witnesses (חו"מ ס' כ"ח ס"א), and litigants ((חו"מ ס' ע"ה ס"א, ס' י"ב ס"ו וע' תרה"ד, עונג יו"ט ותומים

How low must one stoop to use this unethical approach in matters that are so serious as הוצאת שם רע, for which the following is written in שו"ע או"ח ס' תר"ו ס"א

וְהַמּוֹחֵל לֹא יִהְיֶה אַכְזָרִי מִלִּמְחֹל (מַהֲרִי''ל) ... וְאִם הוֹצִיא עָלָיו שֵׁם רַע, אֵינוֹ צָרִיךְ לִמְחֹל לוֹ. מָרְדְּכַי וּסְמַ''ג וְהגה''מ פ''ב מֵהִלְכוֹת תְּשׁוּבָה וּמהרי''ו). מג"א ס"ק ה': משום דאיכא דשמע בהואצת שם רם ולא שמע בפיוס ולא נפק האי גברא מחשדא.

Yes, there are evil men .. just like there are evil women. Like EVERY PERSON – male or female - Aharon deserves the basic human right of being judged only based on meticulous fact-finding which is congruent with Halacha, Hashkafa and if using psychology …only the most congruent and only following widely recognized “best practices” and solid, cutting-edge research.

-=-==-=-

BUT WHAT ABOUT CHAINED WOMEN? Concerned Members of Greater Washington Jewish Community write: “We wish to live in a community wherein interpersonal relationships are conducted not only upon the basis of the letter of Halakha, but also upon its spirit of empathy, sensitivity & mutual respect”. Yes, they’re very right … and very wrong … but that is IY”H for another post.

Channakah (2); Praying For Miracles

Guest post by Rabbi Shloime Pollak

The Ram"a in 682;1 tells us, if we forget to say "Al Hanissim", we should say it in form of a prayer, and say it among the "Harachamon".

We should say, הרחמן הוא יעשה לנו ניסים, כמו שעשה לאבותינו, בימים ההם בזמן הזה. The Mishnah Brurah adds a Nusach that should be said at the end of Shmonah Esrei. In both cases, we are asking Hashem to perform for us miracles, as he did in the time of the Chashmenoim.

However, many Achronim assume, we are not allowed to pray for a "Ness".  It is included, in "Tfilas Shav"...

For questions and comments please email salmahshleima@gmail.com

Tamar Epstein's Heter: Rav Shmuel Kaminetsky is becoming a pariah amongst Orthodox Jews

 I was just informed that Rav Shmuel Kaminetsky was recently disinvited from a rabbinic conference in England where he was to be the guest speaker. Major rabbis felt it was inappropriate for him to speak after the revelations about the "heter" that he was involved in. Therefore they withdrew the invitation.

It is clear that the upset about the heter is spreading and will have disasterous consequences for those who were involved in "freeing" Tamar Epstein from marriage without a Get. It is time for the "heter" to be officially withdrawn by those who produced it.

Aseh L'cha Rav - The importances of establishing a Rav for yourself

Aseh L'cha Rav.

I have, and have had, many great Rabbonim as teachers.

My Rabbi growing up was Rabbi Arthur Bogner, z"l a Man of Truth. His sons-in-law had a Yeshiva Ohr Torah D'Brisk where Rabbi Dovid Eidensohn learned as a young man. Rabbi Herzel Kranz Shlita of the Silver Spring  welcomed Aharon Friedman to our Minyan. Only because certain members of the community rioted and seemed poised to close down the Shul is it that Aharon does not Daven here where I am now composing this post.

Many of my Rabbis had opponents and challengers. Rabbi Bogner, at a time when I believe he was the senior Rav on the local Vaad, left the Vaad over a matter of principle. Some local Rabbis opposed Rabbi Kranz building the SSJC.

My advice to young people: research and explore and examine the corrupt Rabbis, and discover the Men of Truth on the opposing side. And then sit in the dust at their feet and hold on with all your heart, soul, and might.

Under the guidance of Rabbi Dovid Eidensohn I am building a Yeshiva here that teaches the Old Fashioned Torah. Young Men and Women, you are invited to join our community and to live a life of complete Torah and Mitzvos.

Joe Orlow
(301) 812-4050
market@softwine.press

Tamar Epstein Heter: The damage being done to yeshiva and seminary students?

I was recently informed that this topic is of particularly great concern to the young people in the yeshivos and seminaries. Much of what is happening goes against what they have taught about gedolim and Daas Torah. Many of them understandably express shock and simply can't digest it.

I think it would be helpful if some of the new generation wrote guest posts that I could post here. It is important that our leaders realize fully the destruction that has been caused by this corruption of the halacha process and the apparent lack of leadership in resolving it. Please do not include indentifying information. However do include how this crisis has impacted you personally.

Tamar Epstein's Heter: Money can metaher [purify] a mamzer

One of the puzzling questions in the present scandal is why this mess has not been resolved either by 1) simply presenting the obvious facts that the "heter" is based on lies and is a corruption of halacha and is causing adultery and mamzerim or 2) the fact that a wide range of important rabbis have denounced the heter.

This question can be answered with another question - why have so many rabbis remained silent in the face of the clear violation of one of the most severe sins. Of course some of this silence is the results from the hesitancy to publicly criticize some extremely important rabbis and the resulting chilul haShem. But the real answer lies elsewhere  - it is the issue of conflict of interest where rabbis don't want to offend those who provide significant support to their institutions and followers. 

This is not a case of explicit blackmail - but simply an awareness of these leaders that there might be dire consequences for taking a public stand. Thus they leave it to others who are less vulnerable to protest. I have heard of no case where a gvir has stated that he will punish anyone who denounces the "heter". But the fear that it might happen has had a very chilling effect.

A possible example of this influence is the well known benefactor of many Torah causes - Shimmy Glick. He is very close with Rav Steinman and Rav Dovid Cohen - and many others. What is the impact of his son being married to Tamar Epstein's sister? I don't know and I have not heard any claim criticizing him in any way. But I have heard from a number of rabbis that many people - especially in Bnei Brak - have not responded because they are afraid that there might be consequences to the benefits they receive from him. 

I myself attended a meeting with the son of a very important rabbi - who listened to all the charges and read all the letters and concluded that this was truly a terrible matter. But then said there was nothing that could be done and his father would not get involved - end of discussion. I was told by knowledgeable insiders that his father receives significant support from American's who are close with Rav Shmuel Kaminetsky - and therefore the father would not get involved.

In sum, we see this scandal of the  "heter" as not only a chilul haShem but one that has exposed the vulnerability of our leaders to virtual blackmail. It has shown the ability of a small number of very wealthy people to make the rabbis dance to their tune - or at least to ignore clear Torah obligations. As Rav Sternbuch told me - "Money can metaher [purify]a mamzer." [see Kiddushin (71a) and Rashi's comment].

Nechemya Weberman appeal of sentence for sexual abuse - rejected

 

Tamar Epstein's Heter: This issue will only be resolved if Aharon Friedman files a massive lawsuit against those who have tried to destroy him

It has been convincingly argued that the only way to resolve this crisis is through a lawsuit. In this post I will present the need  for a multimillion dollar suit for defamation against Rav Shmuel Kaminetsky and his son Shalom , Rav Nota Greeenblatt, Tamar and her family, ORA and their halachic advisor Rav Schachter, the Goldfein's, the beis din that issued a phony seruv against Aharon, the Silver Spring community, the anonymous therapist who wrote the report against Aharon and a number of other individuals. There are no lack of lawyers who would like the job and would take it on a contingency basis and who feel that it won't be difficult to win. It is not a problem finding a beis din that will permit the lawsuit.

Probably the only reason that it hasn't happened so far is Aharon Friedman's lack of vindictiveness and  optimism that people will finally understand the injustice that has been done to him. He hopes that he will soon get back his reputation and the greater access to his daughter that he has requested and he will reciprocate by giving Tamar a Get. In short he is a mensch and has no desire for revenge. He also still hasn't lost his faith in the case being resolved in Beis Din. 

However unless the entire Agudah gets involved - it is not going to happen.  I will argue that he will not get his repuation back without a lawsuit to motivate people to change. This post also serves as a wakeup call to those who feel if they stonewall - that the storm will pass eventually. Simply put - time is running out for an alternative solution.

 [to be continued]

Tamar Epstein's Heter: Many rabbis around the world join Rav Moshe Sternbuch's protest

מכון טעם ודעת

רבנים מכל העדות והחוגים בארץ ובארה"ב מצטרפים למחאתו של מרן פוסק הדור

הגר"מ שטרנבוך שליט"א נגד ההיתר שניתן בארה"ב לאשת איש להינשא ללא גט מבעלה  (מצורף מסמכים)

במקביל, בארה"ב הרוחות סוערות, הרב שסידר את הקידושין פרסם מכתב הכחשה על הפרסומים שהוא התיר את הדבר, ויחד עם זאת, רבני התאחדות הרבנים בארה"ב החרימו את הוראותיו והודיעו שאין לסמוך עליו יותר

כזכור, לפני כחודש פורסם דבר ה'היתר' המחודש שניתן לאשה בשם תמר עפשטיין להינשא לשוק בלא גט פיטורין כדין תורה מבעלה הראשון, בטענה חריגה שהקידושין הראשונים התבטלו מדין 'מקח טעות'.

תקופה קצרה לאחר נתינת ההיתר, סידרו לה קידושין בארה"ב עם יהודי בשם 'אדם פליישר', צעד שעורר מיד סערה רבתי בארה"ב.

יצוין כי בתקשורת החילונית מיהרו לקפוץ על ההזדמנות, ובעקבות ההיתר המפוקפק פורסם בסוף השבוע האחרון מאמר שטנה מלא רעל וארס בעיתון מעריב' תחת הכותרת 'אפשר להירגע, הרבנות והרבנים נחלשים'.

כותב המאמר בעיתון 'מעריב' מגיע למסקנה עגומה בעקבות ההיתר שניתן לאשה תמר עפשטיין: "יש כאן חדשות טובות, כל מי שעסוק בבהלה מיותרת מפני הרבנים והרבנות והמי יודע מה שהם יעשו בפעם הבאה, יכול להירגע. הרבנות והרבנים נחלשים. לא מתחזקים", עפ"ל. (מצורף מסמך).

רבנים וגדולי תורה שפרטי המעשה הגיעו לאוזניהם, מיהרו לפרסם קול מחאה והביעו דעתם שלא ישתקו לנוכח נבלה כזאת שנעשתה בישראל בפרהסיה ועלולה להוות מכשול ותקלה חמורה בקדושת ישראל.

בראש החזית במערכה לשמירת גדרי ההלכה, נעמדו בפרץ מרן פוסק הדור הגר"מ שטרנבוך שליט"א, ואתו עמו הגאון הגדול רבי אהרן פלדמן שליט"א חבר מועצת גדולי התורה בארה"ב וראש ישיבת נר ישראל בבולטימור, אשר עושים ומעשים יומם ולילה כדי לבלום את הפרצה הנוראה.

מרן פוסק הדור הגר"מ שטרנבוך שליט"א פרסם מכתב מחאה חריף כנגד ההיתר שניתן בארה"ב, כאשר בתוך דבריו החריפים כתב "אין לי מנוחה שאין שומעים קול מחאה על כבוד ה' ותורתו", ובסיומו הביע דעת תורה ופסק הלכה נחרץ שהאשה תמר עפשטיין היא אשת איש לכל דבר, ובניה מאדם פליישר הם ממזרים לכל דבר, ואסורים לבוא בקהל. (המכתב מצורף).

הגאון הגדול רבי אהרן פלדמן שליט"א מגדולי התורה ומקברניטי היהדות החרדית בארה"ב, מיהר מיד לזעוק ולהתריע כנגד ההיתר, ובמכתב חריף הממוען 'לגדולי התורה וההוראה די בכל אתר ואתר', ביאר הרב פלדמן את פרטי המקרה, וביקש מרבני ישראל לזעוק ולהתריע כנגד ההיתר והפרצה העצומה המהווה תקלה עצומה ביסודות קדושת הדת. (המכתב המלא מצורף).

המכתבים הנחרצים עוררו סערה רבתי בארץ ובעולם, וגררו בעקבותיהם מכתבי מחאה רבנים מרבנים נוספים בארץ ובעולם שהתריעו כנגד ה'היתר' המסוכן.

הגאון הגדול רבי שריאל רוזנברג שליט"א אב"ד בי"ד בני ברק שבראשות מרן הגאב"ד הגר"נ קרליץ שליט"א הצטרף גם הוא לקול המחאה, וכתב "רעדה אחזתני לשמוע כי יש הרוצים להתיר אשת איש לעלמא...דבר זה הוא הריסת הדת ופרצת כל חומות הקדושה והטהרה בכרם בית ישראל". (המכתב מצורף).

גם גדולי הרבנים בארה"ב וקנדה הגאון הגדול רבי שלמה מילר שליט"א ראש הכולל בטורונטו, הגאון הגדול רבי אלי' דב וואכטפוגל שליט"א ראש ישיבת זכרון מנחם סאוט פאלסבורג, והגאון הישיש משה גרין שליט"א ראש ישיבה דמאנסי, חתמו על מכתב חריף כנגד ההיתר "כהיום נתרבו קלי דעת הרוצים להתיר כל העגונות בטענת מזויפות של מקח טעות, והתורה ח"ו נשארה עגונה, ואין מבקש באמת מהו ההלכה עפ"י האמת, ומספיק שיש להם שום רב שהתיר להם ולא איכפת להם אם אמר כהלכה אם לא". (המכתב מצורף)

כמו כן הרבנים הגאונים חברי בד"ץ התאחדות הרבנים דארצות הברית וקנדה יצאו בקול קורא תחת הכותרת "הכזונה יעשה את אחותינו", כאשר את דבריהם הם חותמים בפסק הלכה נחרץ - "אנו מכריזים בכח תורתינו הקדושה, שהאשה תמר אסתר למשפחת עפשטיין אסורה לבעלה ולבועל, ובניה מהבועל יהיו ממזרים, ועל הרבנים שידם במעל מוטל לעשות כל מה שבאפשרותם להפריש האשה מהבועל, ולפרסם ברבים שמכשול נורא יצא מאתם". (המכתב מצורף).

כמו כן גם הרבנים הגאונים חברי בד"ץ "שערי משפט" בירושלים העומדים בפרץ בעניינים אלו, כתבו מכתב חריף בעניין - "כיהודה ועוד לקרא הננו מצטרפים לפסק דינו של מרן הגר"מ שטרנבוך שליט"א, ועמו כל גדולי אמריקה אשר ביררו את הפרטים היטב, שהאשה הזו הינה בחזקת אשת איש ומוכרחת לקבל גט מבעלה הראשון". (המכתב מצורף).

לאחר מספר שבועות, לאחר שבד"ץ העדה החרדית סיימו להתעסק בכל מה שטרד את סדר יומם, התפנו גם הם לעסוק בפרצה זו הנוגעת ליסוד קדושת עם ישראל ופוגעת בעיקרי הדת והאמונה, והצטרפו לקול מחאתו של מרן פוסק הדור הגר"מ שטרנבוך שליט"א, ובמכתב חריף תחת הכותרת "נבלה נעשתה בישראל", כתבו הרבנים הגאונים חברי בד"ץ העדה החרדית "אנו מוחים נמרצות כנגד זה, ומודיעים שאין ההיתר היתר בשום פנים ואופן, אוי לאוזנים שכך שומעות, ואוי לו לדור שכך עלתה בימיו". (קובץ מצורף).

גם הגאון רבי שמואל יהודה ליב לאנדעסמאן שליט"א אב"ד בעיר מאנסי, כתב מכתב ארוך המתפרס ע"פ כעשרה עמודים, והביע חוות דעתו שאין שום יסוד להיתר שניתן בהכרח רק מחמת חסרון ידיעת פרטי המציאות.  

לאור המחאות החריפות בארץ ובעולם, פרסם הרב שסידר חופה וקידושין לאשה תמר עפשטיין בלא גט מבעלה, מכתב התנצלות מסויגת, והכחשה על השמועות לפיהם הוא הרב שנטל על שכמו את ההכרעה בסוגיא זו. "אאשר פה בכתב מה שאמרתי לכמה ת"ח ששאלו, והוא, שאיני מכיר את מר אהרן פרידמן שיחי', או את מרת תמר עפשטיין שתחי', ובוודאי שלא שייך שאדע דבר על נישואיהם, ולא על שום פרט שביניהם אלא שהגאון ר' שלום קמינצקי שליט"א שאל לי כשיש עדות של רופאים מומחים על אחד שהוא חולה רוח שמפריע לנישואים אם שייך לבטל קידושין משום זה, ואמרתי שאם הדבר ברור ובדומה למעשה שבתשובה שבאגר"מ, שייך בתנאים מסוימים". (קובץ מצורף).

במקביל, בית הדין שע"י התאחדות הרבנים השיבו אש במכתב חריף וחריג במיוחד, בו הם כותבים כי היות שהרב שסידר את הקידושין לא הסכים לנקוט בשום פעולה מעשית להפריש את האשה תמר עפשטיין מיד הבועל אדם פליישר, לכן אין לסמוך יותר על הוראותיו בדיני התורה.

"על כן דעתינו דעת תורה שמהיום אין לרנ"ג הנ"ל שום סמכות לדון ולהורות בדיני התורה, וכן לסדר קידושין וגיטין, ואנו פונים לבתי הדין ומסדרי הקידושין, שלא לקבל ולא לסמוך על גיטין שיסודרו על ידו, ועד שלא תיקן את הדבר הרי הוא בכלל חוטא ומחטיא את הרבים, ואם יוולד בנים להזוג, אמרו חז"ל בכגון דא שהוא מעוות לא יוכל לתקון". (קובץ מצורף)

החידוש המעניין שבמכתב, הוא העובדא שהגאון המפורסם רבי יחזקאל רוטה אבד"ק קארלסבורג שליט"א צירף גם הוא את חתימתו למכתב החריף והנדיר, ואף יצא מגדרו והוסיף על המכתב כמה שורות במילים חריפות במיוחד.

בימים אלו עדיין פועלים גדולי התורה בארה"ב בפעילות קדחתנית לגדור את הפרצה הנוראה שנפרצה בארה"ב, וכפי המסתמן, גדולי תורה נוספים בארץ ובארה"ב, יצטרפו ויחתמו אף הם לקול המחאה שאמור לזעזע את אמות הסיפים בארץ ובארה"ב. 

Some Thoughts About Chanuka 5776 by RaP

Guest post by RaP

 

Meeting a few Jews today and talking about the current situation in Israel, America, terrorism, Jihadis, Donald Trump and reactions to him, a few things came to my mind that are worth sharing.

 

You know, I looked at the young men who were having the discussion that I was part of, I said the problem is the Jews, that Jews do not know how to be real Jews. We are very far away from knowing who we are and what we are supposed to be. They looked at me in surprise. So I continued.

Look at the Israelis, they are confused. Especially the secular Israelis, why are they so soft in confronting threats when their grandparents knew how to protect themselves? When the Arabs attacked Israel in 1947, the Jews fought back and won. When the Arabs blocked off the Suez Canal in 1956 the Israelis fought back and won. When the Arabs massed their armies to destroy Israel and the Jews in 1967, Israel won in six days! When the Arabs attacked in 1973 on Yom Kippur, the Israelis fought back and won. And many other examples like this. So why can't the Israelis win today?

 

And I said, because the previous generations, even if they were secular and not religious they knew about the Pogroms and the Holocaust. While today's generation is dreaming of "peace" and not just peace but they are dreaming of dancing with the Arabs not just that they are dreaming of going to have a good time in New York, Paris, and have a good time in the discothèques. They are not thinking of fighting and winning, they are thinking about how they can be with the world and dance at their parties.

 

I said, what if someone breaks into your house and starts stabbing everyone and you sit around and basically don't do much to protect yourself. Who is at fault? Of course it is you because you are expected to defend yourself and defeat the attacker otherwise you are a fool!

So my listeners said to me, what will the world say? There is nothing we can do!

I said really? And asked them, do you happen to know what holiday we are celebrating right now? And they looked at me, still not getting it. People think that Chanuka is about "lights" and "parties" and fun! I said that in the times of the ancient Greeks, they occupied Eretz Yisrael, and the Jews started to assimilate and join them, to become Misyavnim - Hellenists. And just like today it did not end with just copying the Greeks and wanting to be like them, but with that came intermarriage and Shmad, apostasy as Jews started to convert to the Avoda Zara of the Greeks, just like today secular Jews are assimilated, marrying Christian and Muslim gentiles and being lost to Yiddishkeit.

 

So what happened, at a certain point there was a man by the name of Matisyahu (no, not the singer I told them) but he was Matisyahu the Kohen Gadol, the High Priest, and one day he had enough and fought back. He picked up a sword and killed a Greek official and an apostate Jew who was going to serve an idol and guess what happened next? The Jews won, they defeated the Greeks, regained their own land and re-dedicated the Bais HaMikdash, and that is what Chanuka means, the "re-dedication" not just of the Bais HaMikdash but of the triumph of Torah over the secular world, of light over darkness, the few defeated the many and they survived.

That is the moral of Chanuka because after 2000 years of wandering around in the Golus and having to pay our dues we had to bow our heads, but now that so many Jews are back in Eretz Yisrael, they are back home and at home you have the responsibility to protect yourself or else you are a fool.

 

A day in the life of a Jew on Chanuka 5776.

Tamar Epstein's heter: It is no longer what Rav Greenblatt and Rav Kaminetsky did but their stature as gedolim that is being criticized

 I received this email this morning and thought it important to post along with my respoonse

 Rabbi Eidensohn,

I believe that the spurious Hetter granted to Tamar E. upsets and distresses me no less than it does for you and all other Shloimei Yisroel, but I have to protest most strongly the direction I am hearing your blog has been going recently.....as long as you are attacking the Hetter itself (as vehemently as necessary) you are on safe ground, but recently you have been attacking people and attaching their pictures, which is far more questionable...

Reb Nota, and more so Reb Shmuel K., are very respected Zkanim. Besides the dubious gain (their admirers now consider them "Nirdofim" and more simplistic Yidden are completely confused as to how to view respected Rabbonim and Roshei-Yeshivos), this is a huge Halbonas Ponnim Berabbim, which - even when allowed - has to be completely LeShem-Shomayim (see Igros-Moshe about "Kano'im Pogim), and who can be secure in that....that the likes of Yuddel Shain have joined this campaign only detracts from the way it's perceived!!

Get back on track,

Kol Tuv

======================

I understand very well your point. But I also understand that by their continued refusal in the face of world wide condemnation by rabbonim from all circles - the situation is changing.

It is no longer that two widely revered and liked gedolim inadvertently made mistakes of a serious nature - which does indeed require a focus on the deeds and not the person. It is now their refusal to acknowledge and retract an error - which is obvious to most people - that is  destroying emunas chachomim and creating a huge chilul haShem that is the problem. It is no longer about what they did - but who they are.

When rabbonim call for the rejection of Rav Greenblatt's gittin - it is rejection of Rav Greenblatt as a gadol b'Torah. When Rav Kaminetsky is pointedly uninvited by senior rabbis in England from a conference - it is rejecting Rav Kaminetsky as a gadol b'Torah. It is not my blog which has shifted the focus to their stature as gedolim - but rabbonim around the world. My blog is merely reflecting this change - which everyone knew would eventually happen.

The longer they refuse to acknowledge their direct role in causing an adulterous relationship through a corruption of the halachic process - with the consequences of producing mamzerim - the greater is the damage to Klall Yisroel and the greater is the need to use stronger measures.

The fact that they are - or perhaps were - highly respected men who have devoted their long lives to successfully developing Yiddishkeit and helping others - makes the damage they are causing that much greater. They are running out of time to save their well deserved reputations and stem the serious damage they are causing to all that they hold dear.

I don't think either of them would allow one of their devoted followers to persist in stonewalling against such an obvious error - why do you think they should not be held to the same standard. Why do you think that they should not be held personally accountable for this travesty? 

It is their continued refusal to acknowledge they were wrong that is now the problem. It is no longer so much about Tamar's heter - but it is about gedolim who can not say they were wrong and do teshuva.

Tamar Epstein's Heter: A Day at Heter Inc.

Guest post by Joe Orlow


Can you explain what you do at Heter Inc.?

Well, the word "Heter" is "permission" in English. If I may make a play on words, we are on a "pure mission" to give permission to women. The operative principle here is that "Whatever Lola wants, Lola gets!"

But why is it only "permission to women"?

Nonsense and stuff! Men benefit also. Let me give an example. A young man was offered a prestigious teaching position in a school. There was one condition. He had to marry first. The mother of the young man complained to us. We asked the mother a few questions. It turns out the boy was a slob! He used to be negligent in separating his dark and white laundry!!

Can you believe such insanity?! We contacted a psychological expert (actually the building superintendent here who has a Phd in counseling from an online certificate mill) and he diagnosed the young man as "BI" (Bleach Insensitive). No woman would ever put up with that! The man was unmarriageable. Without our Heter the man would have been out on the street. No tickee, no shirtee!

I notice you have you have a lot of people working here. How do you raise
money?

The money comes from purely voluntary donations that we insist get paid upfront. We need a large staff. You think contacting experts all over the world to sign on to our Heters is easy? Sometimes we have to make upwards of a thousand calls before we find someone without Fear of Heaven.

What do you find the most challenging part of your job?

Dealing with our competitor "Open Door Orthodoxy". When they need a Heter they sometimes uproot the tradition. Can you believe that? Heterics [sic]! We may contort, twist, and mangle, but we are proud of our strict adherence to the ways of our holy ancestors.

Have you ever been forced to retract a Heter?

Never! Our Heters come with a lifetime warranty. If someone finds a hole in one, we simply deny, deny, deny.

What about the Daas Torah blog? How do you answer up commenters like Kishkeyum and Ehud?

Listen, Mister! We don't use language like that around here. Truth, wit, and logic have no place in formulating a Heter Inc. Heter. Watch your tongue!

One last question. What advice do you have for a budding Heter Macher?

Leave aside the books and Shimush of True Wise Ones. Bench warming, obsequiousness, and unquestioning obedience is your shot at a spot on the dais at the Convention. And once you are at the top, you too will be able to do whatever you want without regard to anyone.

Tamar Epstein's Heter: Baltimore Beis Din and major Israeli rabbis reject heter

Rav Chaim Kanievsky 

Rav Sariel Rosenberg    Rav Yehuda Silman    Rav Nissim Karelitz 

Rav Chaim Wosner    Rav Shmuel Eliezer Stern    Rav Yitzchok Zilberstein

Rav Sternbuch's radio interview - RaP's observations

update with link to program and postscript

Listen to Episode #39


Gut Voch Rabbi Eidensohn:

I heard Rav Shternbuch on the radio tonight (Motzei Shabbos at 11 PM in NYC, and he will be on again) it was advertised in full page glossy ads in both the latest English Mishpacha and Modia magazines and they spoke about the Tamar case mentioning her by name as well as other parts of the case. It was interesting and a privilege to hear Rav Shternbuch speak, it was by phone and sounded like it was pre-recorded. The interviewer Dovid Lichtenstein seems to know some Halacha and tried to lead Rav Shternbuch along, but Rav Shternbuch was the consummate Halachist, very cautious, only responding to hard questions and Shaylos and not responding to speculations or theoretics that the interviewer threw in. Rav Shternbuch made the same points that you have conveyed on your blog and I have to tell you that I think you have done a much better job of conveying Rav Shternbuch's views because Rav Shternbuch speaks with that heavy English accent like an old English gentleman so the words are not always clear especially for an American audience not used to such an accent, so therefore as I say your Blog presents the case and Rav Shternbuch's point of view with greater clarity and with less distractions.

But as I say it was worthwhile listening and even my wife paid attention and listened to the entire interview with me. One needs great familiarity with sources because Rav Shternbuch is not talking as if to babies, it is after all the Rosh Bais Din of the BADATZ so he is brief, concise and to the point, very judicial which I am sure the average layperson is not familiar with. But for me it was a privilege and worthwhile. Surprised you don't know about it. Ask one of Rav Shternbuch's grandsons it seems who was mentioned as organizing it.

The other stuff will just have to play itself out and let's see where all the pieces fall when all the dust settles.

Here is this program with Rav Shternbuch - his voice sounds very old, very English and hard to follow because he is speaking as a Posek and such kind of Rabbanim are very concise and matter of fact about Shaylos, they don't go on and on and on. But the interviewer was gabbing away and trying to "make conversation" with Rav Shternbuch and that sort of trivialized the importance of what Rav Shternbuch was trying to say even though the interviewer David Lichtenstein did speak out in some detail what was going on with the Tamar case and mentioned some background as an introduction.

I see that "Moe Ginsberg" mentions on the post about that ad about the interview that this interviewer David Lichtenstein is on the "liberal side" of the Halachic spectrum which I also thought I picked up on the interview which was a little confusing because Rav Shternbuch was NOT conveying a "liberal" position. For example, the interviewer was trying to get Rav Shternbuch to agree with him that "pre-nups" could be good for Frum couples in America because there is so much divorce going on, and of course Rav Shternbuch objected to that.

So if you get a chance, mention to Rav Shternbuch that he should be more cautious about granting interviews on shows even though the interviewer might agree with Rav Shternbuch on certain points, like the Tamar case, but on the other hand this David Lichtenstein clearly favors pre-nups and he cited all sorts of "Mekoros" to back up his words and agenda, and then Rav Shternbuch answers back and it gets confusing who to believe and what was said and then people may be left with the WRONG impressions that Rav Shternbuch "said" something when he did not, all he did was "speak" with a guy, but did NOT agree with him but was being polite and did not say it strong enough since as a Dayan he speaks in a cold deliberate clinical matter-of-fact way.

But the interviewer stuck in that pre-nups may help to solve the problem of having Agunas, as if he wants to stop the problem of Agunas with pre-nups, and Rav Shternbuch told him that there have always been Agunas and even unmarried women, and that we try to do what we can to help them, each case is different, but if we cannot help them, we just cannot help them. It seems the interviewer had his own agenda and was milking this topic and hoping he could get something out Rav Shternbuch indirectly while siding with the idea that there can be no annulments. It was just an interview with all the risks that comes with it, the person being interviewed is at the mercy of the interviewer, one does not want to be rude and it is hard to know what will come next and how to respond to surprise questions, etc.

The interviewer threw in shaylos about genetically modified fish and was trying to get a "Pesak" from Rav Shternbuch about that, but Rav Shternbuch could not answer clearly because it was a hypothetical question that would come to be "Lema'aseh" in two years and as you know Poskim only answer the immediate Shaylo, they don't Pasken on hypothetical questions about "what might be" or "what could be" or "what will be" in two years time. Rav Shternbuch basically said that it is a Shaylo in Halacha if we go according to the Simanim, or according to the facts, and basically the interviewer was trying to get Rav Shternbuch to say that all genetically changed fish or animals with genes from non-kosher animals should be Assured while Rav Shternbuch answered that while it may be that at some point all Fish may be a problem because of the genetic changes when they add genes from non-kosher fish, but Rav Shternbuch chuckled a bit when he was told it would be a problem in two years time and of course he cannot Pasken on the air as to what would be in two years time.

By the way, the latest Mishpacha has an important interview with Degel HaTorah MK Moshe Gafni and he confirms what I previously posted on your blog that the passing of the latest Israeli budget by a razor thin majority of 61-59 was a victory for removing the dangers of criminalizing those who learn full time. He describes the inner workings of his efforts and the way he has worked as an emissary of Rav Shach, Rav Elyashiv and now Rav Shteinman, and much much more of how a disaster was just averted for the Charedi world in Israel had this fallen through. Very worthwhile article, that even my non-political wife read every word of it and then we had a serious discussion about it which is very unusual because she never focuses on politics, that is my department ;-} Try to get hold of it and post it if you can it is a seminal piece!!!

Be well and have a Freilichen Chanuka!

                          RaP
 ====================================
 Postscript:

The point I am making is that while in the case of the written word, like on this Blog, we can see and read in black and white what is being said and there are no distractions, because "oisiyois machkimois" it is not the same when being interviewed or in a live debate, where there are all sorts of other auditory and visual factors that come into play and can swing debates on STYLE and not on content.

The best known example of this in modern times, is the famous Nixon-Kennedy debates, when on radio and on paper it looked like Nixon had for sure won with his better content and grasp of the facts, but that was not so for those who viewed the debate on TV where Nixon came across as having a "five o' clock shadow" and was sweating and looked jowly and scary, while Kennedy looked the more handsome and charming candidate, something that the Nixon team had not bargained on happening and so Kennedy won on STYLE while Nixon won on SUBSTANCE but lost the 1960 USA presidential election to Kennedy in the end by a very slim margin.

CH"V I am not comparing Rav Shternbuch to "Nixon" but even in the glossy ads advertising the radio shows, Rav Shternbuch is wearing a Shtreimel and looks like the old sage that he is, while Dovid Lichtenstein looks like a cool dude and a "regular guy". And who do you think the crowd that reads Mishpacha and Ami identifies with most? Not the Rav Shternbuch types but it's geared for the modernisha Yeshiva crowd, the so-called "FBCs" "Frum But Cool" (that are the big supporters of the Kaminetskys)! And many of these types are the ones who WANT to have pre-nups and all sorts of Heterim for their fragile and shaky marriages that are increasingly breaking up (it is because today we are dealing with the "me-generation" of spoiled brats who have no clue how to be married and the hard work and Mesirus Nefesh that goes into family-building and running a Torah-true home.) So David Lichtenstein knows who he is speaking for and to, and it is NOT to or for the BADATZ Eidah HaCharedis type crowd that we can be sure of!

It's complicated real-life theater on and off the air and online for that matter and you have to be clever to spot to understand what is really going on!

There is a thing called "ambush journalism" and even "frum" journalists can and do indulge in it to some degree as you can see from this David Lichtenstein character, he sets things up HIS way and then invites Choshuva guests, who may be thinking they are going to get another "Kibbud" (honor) to "speak at the Ommud" but what they are in for is "Bizyones" (abuse) instead!! And then this radio or TV host throws things at them, curve balls, and just by doing that he is getting away with Chutzpa. Because he is acting like a "To'en" (advocate) and not an impartial honest broker who just wants to help Rav Shternbuch convey his message.

Thus Rav Shternbuch and others in that position are forced to fight through the static and run through the gauntlets and well-laid traps that types like Dovid Lichtenstein set for them, and then everything gets confusing, and the listeners who are neither Halachists nor Poskim, do not know what to think. The may easily be misled to think Lichtenstein is just as great a "Lamden" as Rav Shternbuch merely because Lichtenstein cited all sorts of "Mekoros" when he was just showing that he has no Sechel and displaying his Divrei Hevel!

CONCLUSION AND WARNING: Therefore, know that not everyone is smart enough or experienced enough to come away and know what is important and what is not. That they should be listening CAREFULLY to Rav Shternbuch and not to the half baked bobba meises of smarty pants radio or TV hosts.