Why do we need to earn Olam HaBa?

The following interesting question was posed.

Shalom u'vracha! Here's my latest question: Why can't the Creator simply remove the possibility to experience any discomfort/embarrassment that would occur upon being given the "free gift" in the end (olam haba)? In fact, it's not even that much of a free gift at all in the end if the Creator simply removes the potential for evil that causes pain/suffering (because then He wouldn't have to remove much of the possibility to experience any embarrassment in the end). So why is there evil to the extent that there is?

Interestingly, someone I know pointed out that Daas Tevunos explains free will and the associated evil in terms of nahama d'kesufa - but in Derech Hashem Ch. 2 he explains both...WITHOUT ANY REFERENCE WHATSOEVER TO nahama d'kesufa. What do you make of that?

Defense of BMG Hanhala in Beis Feiga dispute

RaP forwarded:

Dangers of teaching complex issues publicly

[I am making this a post due to its cogency and relevance]

mekubal comment to "Sexual molestation is absolutely prohibited accord...":

Shoshi wrote: So I learned, that in general, when people start insulting you "You are too ignorant for me to explain you" it really means that the person insulting you does not know the answer and does not want to tell you.

I wonder what you would have said to R' Kaduri Z"L, who would say to people who asked too many questions, "You are not worthy to learn Kabblah, leave." Thus removing them from his Yeshiva. I have heard from students of his when he still taught at Beit E-l that he would do the same there, effectively kicking people out of someone else's Yeshiva. That can be independantly verified from R' Tzadok of Kosher Torah.com.

Or what you would have said to my first Magid Shiur at BMG who started the Zman by saying, "I will gladly answer any question you may have once you know enough to ask a proper question."

The truth is that if one is given too much information before a proper foundation is laid it can lead to confusion and even kefira. I have no intention of insulting you when I say that your level of learning is not on a par where it can easily enter this type of discussion. This is all in the realms of Dayyanim, which is far more learning than most Rabbis will ever do. Most Rabbis never spend any serious amount of time learning these laws, let alone trying to become expert in them. One can only become a Dayyan after become a Rav(a process that takes a number of years) then one has to have the ability(financial) and willingness to devote 10-15 more years to study of these sorts of laws before one can become fluent in them. Most other Semichut the Rabbinute gives a single exam, for Dayyanut there are five consecutive exams that one takes over a course of years when one has prepared appropriately for each. Personally I have taken and passed the first two, that has taken 4 years. So please excuse me or D"T if we tell you that you are swimming in deep waters, and possibly waters that are out of your depth.

I have endeavored to answer each of your questions, asking only that you actually thoroughly read the answers before making assumptions. You seem to want full and complete answers not just sources. The truth is because of the nature of the topic and the amount of information involved a full treatment cannot be done on a blog. Not only would an exhaustive treatment take ample space, it would, because of the public nature of the blog violate the prohibitions of teaching Torah to non-Jews.

I truly don't think that you fully grasp the complexity of your question, if for no other reason than you don't seem to understand the unfounded assumptions that you are basing it on. There are two parts to your question, one is halakhic and the other is haskafic. However, the hashkafa has to be settled before we move on to the halacha.

For instance you want a guilty party to have to make some kind of reparations for mental health care. You are assuming that mental health care is a valid form of healing and that it is in line with Torah values. Take for instance this:
http://www.youtube.com/watch?v=QS2G4_CeMCY

I post that because I know the Rosh Yeshiva he learned that from.

Then there is the perspective of others such as R' Mordechai Goldstein Shlit"a, who claims that psychology/psychiatry can diagnose accurate problems but is useless to resolve or heal them. He claims that is the shitta of the Yeshiva where he learned(Chafetz Haim), and has passed that on to each of his students at his own Yeshiva. Furthermore each of his former students that have started their own Yeshivas(at least each of the one's I have spent any time at) hold the same opinion. They have passed this on to their students, some of whom are Dayyanim that will hear cases.

On the other side of the spectrum you have R' Twerski(whom I personally agree with) and Nefesh. Each side believes that it is upholding Torah with its view points. Who is right who is wrong, who can decide? Both sides have Gedolim backing them.

Those view points will radically dertermine different paths and different solutions to the problems that you give. For instance if one does not believe in mental illness, but rather that "problems" are simply a lack of emunah, middot development and Torah Study, then for instance their is no such thing as a serial abuser who has a mental problem. Rather it is simply someone who has sinned, or who has not yet mastered the teivot. Thus why should they be imprisoned or punished? They need rather to be taught and helped. They need proper musar, and chizuk. Maybe they need to make a tikun for an aveira in a past life. You don't have to take my word for it, see the move "Trembling Before God." Granted it deals with homosexuality(though one of the individuals claims to have "improper feelings" for his school children) which is not classified as a mental illness, but nevertheless is a deviance according to Torah. You will see the variety of approaches portrayed there.

There are like streams of reasoning dealing with the victims, but because they disgust me I will not share them here. It is enough to say that there are Torah opinions that, because of their view on psychology and other things, essentially blame the victims for their ongoing problems.

Once those issues are sorted one can move on to halachic issues. As if the halacha was not already complex enough, you have to factor in the above into any decision of a B"D. Their Hashkafa will determine their interpretation of halacha. Simply look at the various posts on this blog about conversion to see how that plays out in a different realm of halacha. In general the less quantifiable a problem, the more complex will be the resulting halachic dispute.

[see rest of post as comment to "Sexual molestation is absolutely prohibited accord..."]

Nefesh Conference on abuse

JPost writes:

Abuse of women, children and the elderly in the religious Jewish community was long denied, on the grounds that observance of the Torah and Talmud prevented it. Physical, sexual, emotional, economic and other types of maltreatment of the weak, claimed this sector, occurs among secular Jews, but "not in our camp."

But this has been disproven by infamous cases of child abuse reported recently in the general media, and the opening of shelters for battered women in haredi neighborhoods.

THE RECENT ninth Jerusalem conference of ATEM Nefesh-Israel - an organization of observant social workers, psychologists, psychiatrists and other therapists - had several sessions devoted to this topic. Although all the 200 or so participants were religious (most of them women), the public nature of the conference at the Bayit Vegan Guesthouse constituted a welcome airing of the religious community's "dirty laundry," though some rabbis still insist on hiding it. The organization of religious therapists was founded by Shaare Zedek Medical Center neuropsychologist Dr. Judith Guedalia and geriatric social worker and Melabev found Leah Abramowitz.

Clearly, most religious Jewish men are good or excellent husbands and fathers. No data were provided on how common abuse is in the religious - especially haredi - community, and how it compares with the secular community, but the fact that it was discussed is a healthy phenomenon.

"Twenty years ago, no one would dream of talking openly about violence in the religious family," said Rabbi Dr. Benjamin (Benny) Lau. The modern Orthodox rabbi - who is director of the Center for Judaism and Society, heads Jerusalem's Institute for Social Justice at Beit Morasha, serves as rabbi of the Ramban Synagogue in the Katamon quarter and lectures on Jewish law and social justice at Bar-Ilan University - delivered a keynote address at the conference. "If a community gives a legitimacy to violence and abuse, these can happen. There are closets in haredi society that are still not open."

AN EYE-OPENING workshop on "Spiritual Abuse" of haredi women opened the closet door a crack. Dr. Nicole Dahan, a social worker at the Ariel University Center and Tzipi Levy, a social worker in the Jerusalem Municipality, have done much to put this subject on the public agenda.

While until recently, men's abuse of their partners was known to involve physical, emotional, sexual and verbal violence, as well as economic abuse and the reduction of freedom, Levy and Dahan discovered that some haredi men use God and the commandments to abuse their wives. [...]

Rav Sternbuch - Choosing Life in Tough Times

Sen. Schumer - "Public doesn't care about pork in stimulus package"

Subbotnik Jews of Ilyinka are Jews

Shalom.

I saw the post on your blog today regarding the Subbotnik Jews of Russia, and was simply astonished at its tone and content. With all due respect - and I do respect talmidei chachamim - I would like to bring to your attention the attached article from the haredi newspaper HaMevaser which appeared last month.

In it, Maran HaGaon HaRav Elyashiv Shlit"a is quoted as ruling that the Subbotnik Jews of the village of Ilyinka in southern Russia are "yehudim kasherim lechol davar". While HaRav Elyashiv's pesak relates specifically to Ilyinka, I humbly suggest that in light of this, your headline to the effect that "Subbotniks are not Jewish" warrants correction.

Michael Freund

Rabbi Triebitz - Development of Talmud

I would like to recommend - for the serious students - Rabbi Triebitz' website hashkafacircle.com. Especially of interest is his speculation on the development of the Talmud.

Conversion - Subbotniks are not Jewish

Recipients and Publicity comment to "Shavei Israel V - Proselytization as kiruv":

Russia's Chabad Chief Rabbinate Regards Subbotniks as Gentiles Requiring Giyur L'Chumra. Chabad Stance Opposes Shavei Israel's Lenient Attitude To Subbotniks That Wants Bring Them To Israel. Israeli Chief Rabbinate Caught In Middle.

The English language MISHPACHA magazine of 1.7.09 (11 Teves 5769) (Pages 12-13) presented a key article about: "Are the Subbotniks Full-Fledged Jews" that ran very much AGAINST the type of pro-Shavei Israel press-release self-congratulatory PR hype that was published in The Jewish Press, as posted above in The Jewish Press story of Friday, December 26, 2008 (Page 36): "Russia’s Subbotnik Jews Get a Rabbi":

ARE THE SUBBOTNIKS FULL-FLEDGED JEWS?

An estimated 15,000 Subbotniks living in southern Russia and Siberia wish to return to the traditions of their ancestors and emigrate to Israel. Are they, in fact, Jews? Are they eligible for aliyah under the Law of Return? These questions are currently up before both the Israeli Supreme Court and the Chief Rabbinate. [...]

Michael Freund, chairman of Shavei Yisrael organization, says that this part of the group is descended from geirei tzedek who converted in full accordance with halachah before the communist revolution. Many of them even learned in various yeshivos in Eastern Europe and were considered full-fledged Jews. Yet in recent years government clerks have labeled them with the same name as Shabbos-observing Christian group called “Subbotniks,” who are indeed non-Jews who never converted. According to Freund, no rabbinical or halachic authority negates the Judaism of the original group. [...]

Two years ago a delegation representing Israeli’s chief rabbi and president of the Chief rabbinical Court, Rav Shlomo Amar, traveled to Russia to verify the matter. Rabbi Tzion Boaron, who was sent to examine the issue, says that in the village of Illinka, the Subbotniks are indeed geirei tzedek who underwent conversion, and they should be brought to Eretz Yisrael. However, Rav Amar ruled, on being presented with extensive evidence, that the Subbotniks who live in Vysoky are not halachic Jews; they are not registered as Jews, and the answers they gave as to why they are not registered were not sufficient. They have no mikveh and when the members of the delegation asked to meet with the shochet, they gave him evasive excuses.[...]

The Chief Rabbinate adds that “there is no realistic way to single out specific families and definitively determine if they are the direct (daughter after daughter) descendants of converts.

The Rabbinate issued a halachic ruling which states that individual Subbotnikim who could prove their Judaism cannot be used to render a general ruling for the entire group. “It is known that at the end of the 1920s, a Chassidic rabbi named Chaim Liberman arrived in the village of Illinka, in the district of Voronezh, and established a slaughterhouse and the production of tzitzis. He provided kosher meat and talissos throughout Russia during the communist regime,” the beis din ruling states. “But it is understood that he came there because there was a whole community that was willing to help him and had an interest in having a certified rabbi. The rabbi engaged in activities that put his life at risk, and it is understood that he would accept any assistance that could help facilitate his work, but to use that as a proof that the people of Illinka were halachically Jewish is not conclusive. The fact that in the 1930s the villagers tried to register themselves as Jews in their Soviet passports does not alter anything halachically, and anyone who is considered to be the child of a Subbotnik mother must bring proof of Judaism or undergo a stringency conversion.”[...]

Sexual molestation is absolutely prohibited according to halacha.

shoshi said... You see, as far as I understand, there is no clear case in halacha against pedophila, as long as it is directed against non-related girls. In this case, however, or in the case of incest, it is a very heavy issur. So I can not understand why rabbanim would treat this issur more lightly then shmirat shabbat, etc... shoshi said...You see, you made my point: According to halacha, it is permissible to have sexual intercourse with children as young as 10.Now you say that rape is assur. But what happens if? Does he have to pay compensation? Or will he go to jail? PS: As far as the distinction between molestation and rape is concerned: molestation is any form of sexual abuse, even touching. Rape means there was penetration. So what is the halachic stance on oral rape (forced oral sex), for example??? Or on unwanted touching?

Shoshi's question comes down to - Since there does not seem to be a prohibition under the term molestation doesn't that means it is permitted?

There simple answer is that all forms of sexual molestation are prohibited and the assertion that there is no prohibition against molestation is 100% wrong!

1) If it is homosexual it is prohibited under the prohibition of homosexual behavior 2) heterosexual relationships are only permitted in the context of marriage. 3) Sexual contact - such as hugging and kissing - is also prohibited. 4) It is prohibited to do anything which arouses sexual thoughts outside of marital relations. 6) It is prohibited t to disturb another person with unwanted sexual advances. 7) A person can be killed as a rodef in making sexual advances whose punishment is kares or death by beis din. 8) one is obligated to save a person from molestation or any type of unwanted attention 6) The destruction of person psychologically has been deemed by Rav Eliashiv and Rav Sternbuch as pikuach nefesh. 9) It is prohibited to touch another person for sexual gratification. 10) It is prohibited to look at pornography or to show it to other people. 11) Sexual fantasies are prohibited. 12) Most poskim say that seduction of a minor is considered rape - so even if they agree it is prohibited. 13) Rape of a relative is incest 14) Oral sex is prohibited as zera levatala and by the prohibition against precursors of sexual activity as well as against thoughts and contact of a sexual nature. 15) Encouraging another to have sexual fantasies is forbidden.

Most of the above are Torah prohibitions The others are at least rabbinic prohibited according to all poskim. In addition any behavior which disturbs the safety or well being of the community - it is permitted to call the police. In addition the community has the right to protect itself and administer punishment - including death and disfigurement and any and all other punishment that it deems necessary to protect itself from harm.

There is absolutely no one who says that molestation is permitted. The only valid point you seem to make is that there is no prohibition of child marriages. However I haven't noticed that any of the charges of molestation today involve child marriages within the Jewish community. I would assume that it would be quickly banned by all poskim if it occurred.

Sexual Abuse - Czech castration law

CNN reports:

The Czech Republic's practice of surgically castrating convicted sex offenders is "invasive, irreversible and mutilating" and should stop immediately, the Council of Europe's Anti-Torture Committee said in a report made public Thursday.

The central European country castrated at least 94 prisoners in the 10 years up to April 2008, when investigators from the Council of Europe, a human-rights forum, visited the Czech Republic.

The Council of Europe condemned the practice as "degrading." The procedure is being performed even on first-time, non-violent offenders, such as exhibitionists, its investigation revealed.

Prisoners have to request castration under Czech law, but many fear they will be jailed for life if they do not, the investigation found. "In practically all the cases, these patients indicated that their application was at least partially instigated by fear of long-term detention," the report said.

"Some patients claimed that the treating sexologist had explicitly told them that surgical castration was the only available option to them and that refusal would mean lifelong detention." And it warned that some "significantly" mentally retarded people had been castrated. [...]

Satmar Rebbe asks Obama to help Yemeni Jews

NEW YORK (JTA) -- A leading Satmar rabbi called on President Obama to assist the Yemeni Jewish community.

At a fund-raiser for Torah study last week, Rabbi Aron Teitelbaum, the head of the Chasidic sect in Kiryas Joel, N.Y., made reference to the recent difficulties of the Yemeni Jews, according to Yeshiva World News. In recent months the community has experienced the murder of one of its prominent members, as well as an increase in verbal and physical abuse that escalated during Israel's military operation in Gaza.

Teitelbaum reminded the gathering of the impotence of American Jews to rescue Hungarian Jews during World War II, and he was quoted as saying that the Yemeni Jews' predicament differed because "today we can save them and we must do so."The Satmar leader not only beseeched Obama, in his talk and in aletter, and American Jews to get involved, but made the request toBritish Jewry as well. His reasoning was that immigration restrictionsare a little tighter in the United States following the Sept. 11, 2001 terrorist attacks.

Teitelbaum did not mention Israel, where 50,000 Yemeni Jews immigrated in 1949 and 1950 as part of Operation Magic Carpet. Critics accuse the Satmar community of dissuading the remaining Yemeni Jews, whose population hovers just above 300, from moving to Israel.

Rav Sternbuch - Change - Yes, you can

R' Tropper - is he good for the Jews?

While we have had some discussions about the validity of R' Tropper's approach, we have not really focused on the consequences.

R' Tropper is using geirus as a tool in kiruv. When he finds that a baal teshuva is stuck because he is married to a non-Jew he switches hats and works to have the non-Jew become a Jew. Thus he reasons it is a win win situation. The Jew becomes fully observant and his wife becomes Jewish. Their children now will add to the Jewish population instead of destroying it. The only down side, he reasons, is that the age old practice of not proselytizing needs to be bent a bit. Any problems with this he reasons are made up for by requiring the convert to adopt an Orthodox life style. Seem like a nice neat package. Why should anyone be upset with it.

Let us list the reasons.

1) He has removed the age old stigma to intermarriage. There is absolutely no consequences of intermarriage. If you ever want to legitimate it he is standing there with open arms. Of course since not all Jews want to be Orthodox - therefore he contributes to the intermarriage rate by allowing everyone to chose a non-Jewish partner without the slightest guilt or consequence. Consequences unknown. But we can reasonably assume that more Jews will intermarry with R' Tropper looking the other way - then will return to Judaism with a converted bride.

2) Let's assume that not everyone that R' Tropper converts will stay frum. Because he has such high standards and is makpid on kabbalos mitzvos - all of his converts will definitely become Jews. However the statistics from the past tell us that at least half will back slide. They will then become irreligious Jews. If he wasn't so meticulous then when the convert goes back they were never Jewish in the first place. If he wasn't so meticulous then the back sliding converts will be genuine non-Jews.

3) The consequences of having converts who are genuine Jews and were married in a genuine marriage - but who give up observance is very simple - mamzerim. Rav Moshe solved the mamzerus problem from the Reform and Conservative by saying their marriages were non valid. Similarly their converts are not valid. Not so R'Tropper's converts. However everyone of R' Tropper's converts is a potential producer of mamzerim.

4) An additional consequences in back sliding will be on the communities and families.

This is similar to the statement about Sedom. They had horrible laws - which weren't enforced until an honest judge Lot came along. It is specifically because he is makpid on keeping the laws that he is causing problems.

In sum. For R' Tropper to come along and introduce a change in the dynamic of the Jewish community he needs to show that what he is doing is beneficial. It is not enough to say that when he converts people they were frum. Rav Chaim Ozer had such a view and then 20 years later radically altered it to say that a decent beis din should not do conversions. Similarly Rav Moshe Feinstein knew all the hetirim but personally had nothing to do with geirus. What are the two, five and ten years statistics on Rabbi Troppers' converts. What is their impact on marriage and children?