Monday, January 11, 2016

Open Letter to Rav Aharon Schechter regarding the 4:30 p.m. meeting concerning Tamar's "heter"

Update: I had posted this Sunday morning before the meeting - but then removed it when I received conflicting messages from insiders as to whether it would be a positive influence.

Received word Monday morning that the meeting was viewed as productive

Was told I would received details later. 
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I hope the Rosh Yeshiva does not view this letter as chutzpa - but rather as acting according to Berachos (19b) - "when there is a chilul haShem our first duty it to correct the problem even if it unavoidably results in shame to distinguished rabbis." 

This letter is written out of great pain and concern for the corruption of the halachic process which has taken place - which the Rosh Yeshiva is well aware of and is why there is a meeting today at his house.

Today is perhaps the last opportunity to correct the great chilul HaShem that has resulted from the Kaminetsky-Greenblatt "heter" for a married woman to remarry without a Get. As has been fully documented, the heter resulted from the joint efforts of Rav Shmuel Kaminetsky and his son Rav Shalom  to obtain a heter for Tamar Epstein. They not only got a psychiatrist to write a false report without speaking to the husband - but they went around the world seeking out poskim who would agree to accept the facts and the "heter" that they had written up.

The relevant documentation is publicly available and leaves no doubt that the facts presented to Rav Greenblatt are false and that the "heter" has no basis - as has been clearly demonstrated by Rav Aharon Feldman and others. Rav Greenblatt did not investigate the facts or even talk with the husband. He based his psak entirely on the false psychiatric report that the Kaminetskys assured him was accurate.

The issue before the Rosh Yeshiva now is how to clean this ugly stain from the soul of the Jewish people?
It is clear that most of the distinguished attendees of the meeting have one concern - to save Rav Shmuel Kaminetsky from disgrace. We all are aware of Rav Kaminetsky's great achievement, his many talmidim, his great mesiras nefesh for many decades and the fact that he is a beloved and well liked person. But we also are aware of his obstinate refusal to take any responsibility for this "heter" or to condemn it.

There are a number of options open. The most obvious solution is simply to blame Rav Shalom Kaminetsky for everything. Let him take the full brunt of criticism and simply say he duped his father and Rav Greenblatt. However it is clear that in the eyes of the bnei Torah who have followed this crisis carefully - that is simply a cheap solution and one that ignores the facts of the case. That solution will simply produce cynicism and loss of emunas chachomim. Rav Shalom will simply be viewed as a scapegoat being sacrificed to cover up his father's active role in the "heter".

The only way this can be properly resolved is for all parties - Rav Shmuel Kaminetsky, Rav Shalom Kaminetsky and Rav Nota Greenblatt - to categorically acknowledge that the "heter" is invalid and that they made a serious error in judgment. They need to take the path of Yehuda when he admitted that he had erred in dealing with Tamar. Only by clearly and strongly denouncing this heter can it be guaranteed that it won't be used by others to destroy the kedusha of clall Yisroel.

We are not simply dealing with a one time mistake in judgement or the single tragic case of Tamar Epstein. As Rav Aharon Feldman and others have stated the issue at stake is no less than the future of Gittin and marriage as well as the stability of the family. This can not be accomplished by blaming Rav Sholom Kaminetsky for the entire debacle. The focus has to be on the future not the past. Furthermore Rav Shalom Kaminetsky's reputation and future should not be destroyed - he has much of value to contribute.  The solution has to focus on retracting the heter and preventing it from being viewed as a viable option in other cases - there is no need to ruin anybody.

We are looking forward to the Rosh Yeshiva - with siyata dishmaya - bringing a full resolution of this chilul HaShem.

18 comments :

  1. Who will be at the meeting?

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  2. Will discuss this after the meeting takes place

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  3. When was this meeting announced?

    How will the public get information of the issues discussed?

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  4. Is this an official meeting of the moetzes? Or will include other poskim ie r Dovid Cohen, r Herschel Schachter? Basically anyone involved with the original get proceedings

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  5. You write
    "We are not simply dealing with a one time mistake in judgement or the single tragic case of Tamar Epstein."



    We are dealing with 2 issues.
    1- Is this a valid Heter in theory - To be written as a Teshuva to be used by future generations? After all R' Moshe used it. But what are the guidelines for the use of R' Moshe's Heter in this case ? How about in the future?
    2. Are the facts that the Heter was based on valid? Or were the facts distorted to come up with desired result? And if they were, there is no need to protect the person or people who are responsible for the distortion. No matter who they are, Rabbis, Lawyers, Roshei Yeshivas, or Gedolim , he or they should be dealt with publicly in the mosh harsh ways possible.

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  6. 1) Why do you call it a false report. How do you know it was not the psychiatrist's best judgment?

    2) Why do you blame them for not speaking to the husband. Did he consent to being evaluated, or refuse?

    3) It seems that at least one professional saw them together, and concurred with diagnosis.

    4) What is husband's rationale for refusing get for 7-8 years, other than vindictiveness? Are the courts not equipped to deal with custody issues, even if the mother initially ran back to her parents in another state with the child? Wouldn't they note this, and were they not aware that the marital home was in DC, while the parents were in PA? Would a beis din have radically changed the custody arrangements in such a case, given these same facts, if they were the ones chosen to hear the case, instead of the secular courts?

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  7. Rav dovid f will prefer not to get involved. Its a lose lose for him. While the principals in this case might agree to accept his psak, the 'hetter' lobby will not agree to discuss or agree to any limitation on such heterim.

    And will the (new) F couple agree to separate?

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  8. 1) As a psychologist - it is obvious you can't write such a report based on Tamar's testimony. I also know Aharon personally and have spoken to him many times at great length - the diagnosis give is clearly wrong. Saying it was the psychologists best is not a meaningful answer. The psychologist should have refused to make the report because he had insufficient information

    2) It doesn't really matter why they didn't speak to the husband - THE REPORT IS FALSE because not enough information was available

    3) They report that information was used from one of the therapist - The therapists deny that. Someone is lying. It is not a valid basis of invalidating a marriage. They refuse to say who wrote the report

    4) We have been around the block on this many times. No it is not vindictiveness.

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  9. Just curious why RAS is only getting involved now. Initially he had absolutely no clue of the story but as of 3 weeks ago he was fully informed. If the issue is so grave, why has the meeting been put off for so long?

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  10. excellent question - I have no idea

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  11. With all the meetings in the world, it is a dovor poshut: Divrei haRav veDivrei haTalmid, divrei mi shomin?

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  12. Even if the report were 100% accurate it would not be enough to be מתיר an אשת איש לשוק.

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  13. Whoever the participants in the meeting are, it is obvious that they are only going to hear one side of the story. Neither Aharon nor his representatives were invited.

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  14. Are you saying that hypothetically, if a husband really is crazy, and refuses to go to any psychiatrist, then no psychiatrist can step in and write a report based on 3rd party information? Suppose he quits his job because he believes aliens are coming from Mars to his workplace. Refuses to see any professional. The wife has no recourse and is an aguna forever? What would you recommend her to do in such a case?

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  15. You seem to have info about the meeting. Would you please share the details?

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  16. Honsetly speaking who cares what reb dovid feinstein says anyway, he's part of the problem his dad created

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  17. Rav Aron Schechter SHLITA will NEVER in a million years accept this Heter nor anything like, because He has consistently fought against ANY such Heter and went head to head with Rav Yisroel Belsky (zol gezunt zein) to oppose him on it years ago!


    Finally, it seems, that walls of people "protecting" Rav Aron Schechter on this issue have been broken though, and now we will hear what Rav Aron Schechgter has to say Leshitaso, that the Heter is invalid Lechatchila Bli Shum Sofeik, it must be rescinded and everyone involved with it must recant ASAP in writing, and the whole matter with the Heter will be Ke'afra De'ara, Lo Kayamnin Velo Sheririn, Betielin Umevutalin, with all the other "hiddurim" of Kol Nidrei and Bittul Chometz combined.


    That is my prediction, lets' see what happens by the end of this day!

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