Ethiopian crisis - halacha not racism

There are a number of conflicting versions of this story circulating. But so far it would seem that there is a major halachic problem - not racisim. Furthermore these are Falash Mura who had converted to Christianity in Ethiopia, not the Beta Yisroel See also Tzitz Eliezer

JPost is reporting that Rav Ovadiya Yosef is demanding that the students be accepted.

Shas spiritual mentor Rabbi Ovadia Yosef threatened Monday to fire any school principal from Shas's school system who refused to receive Ethiopian students.

In parallel, Chief Sephardi Rabbi Shlomo Amar announced that it was forbidden to send Ethiopian students to the secular school system.

"If I was brought into this world only to help the Ethiopians that is enough for me", said Yosef on Monday morning during a meeting with Amar in his home in Jerusalem's Har Nof neighborhood, according to Amar's spokesman.

Amar's spokesman said that the chief rabbi ruled that it was forbidden to integrate the Ethiopians in secular state schools because many were Falashmura who were still in the process of converting to Judaism. [...]

However

Haaretz reports That Chief Rabbi Amar - says that they can't be accepted because of unnamed halachic reasons

Sephardi Chief Rabbi Shlomo Amar said Monday that Ethiopian students could not be accepted into religious schools in Petah Tikva because of "halakhic reasons." [...]

Torah law is used as long as society functions properly/Igros Moshe

Igros Moshe(C.M. 2:68): … The Torah reserves capital punishment for those sins which are very serious such as murder, kidnapping, sexually prohibited relations and idolatry. The perpetrator in these cases is unrestrained and is capable of doing whatever disgusting and cruel acts in the world that are in his heart that he thinks are for his benefit. However the death penalty is not administered out of hatred to evildoers or fear for the welfare of society because Bava Metzia (83b) tells us that G‑d will punish transgressors. That in fact is the halacha as poskened by the Rambam (Hilchos Chovel u’Mazik 8:9) as well as all other poskim. So on the one hand the purpose of capital punishment is to let people know the severity of these prohibitions so that they will not transgress them. On the other hand the laws of capital punishment emphasize the importance of each soul and other concerns. Therefore we are commanded that only the Sanhedrin with proper semicha can judge these cases. Only the greatest people in Torah scholarship and other knowledge receives this semicha. In addition to their knowledge they also need to have perfected their character and be very humble as well as G‑d fearing people. They also need to hate money and love the truth as well as wonderful people who are beloved by all…They don’t have any imperfections or bad reputations and they are very merciful. That is why very old people are not appointed judges because they have forgotten the stress of raising children. Also people without children are not appointed because they lack mercy to some degree and they will be too angry at those who have committed sins. Even these great and good people cannot judge unless they constitute a Sanhedrin of 23 people. However it is not enough there are 23 such people to make a Sanhedrin. They also need to have before them 3 rows of very great Torah scholars who are not yet great enough to be part of the Sanhedrin – but are almost great enough. This is to protect the Sanhedrin from making a mistake in judgment. That is because when these three rows of scholars think that the Sanhedrin is mistaken in their ruling of innocence they will protest and will not listen at all to their words. Another safeguard against making a mistake is that they do not convict based on circumstantial evidence – no matter how convincing. They only convict a person based on two valid witnesses who have not the slightest bias in the matter... Furthermore the witnesses are warned concerning the severity of the sin of false testimony as well as the seriousness of the sin of murder so that they are very afraid of mistakenly convicting or mistakenly declaring the suspected murderer innocent. Even with all of this the witnesses also have to warn the person against murder and the suspected murderer has to acknowledge the warning by saying that even though he is aware of the seriousness off the crime he is still doing it. As a consequence of all these safeguards, only once in many years would someone be convicted of murder. In addition it was impossible to judge capital cases unless the Temple existed and that the Sanhedrin of 71 of the greatest scholars was in session on the Temple Mount. In fact capital cases were not judged even in those countries where the king gave the Jews permission to judge their own people according to the law of the Torah. As a consequence of these two factors there were almost no Jewish murderers because of the awareness of the severity of the prohibition of murder and because they were educated by means of the Torah and the punishments of the Torah to understand the seriousness of the crime. They were not simply afraid of punishment in the sense of getting caught but were afraid of the crime itself. However this use of the Torah system to run society was only when the crime of murder was not common but was simply the result of someone’s great lust or some quarrel concerning money or honor. But when people killed simply because it was viewed as an insignificant thing and the murderer was simply a callous and cruel person or similarly if there was a great deal of murders and wickedness – then a different system of law was utilized that was concerned with the pragmatic question of stopping killing and the goal became saving the society

Chareidi parking lot protests

See also YNET JPOST

When will haredi protests in Jerusalem end?

Police refer to violent weekend in capital as 'a step up,' mayor and haredim holding steadfastly to their opinion in regards to opening of parking lot, but expert says there is a chance for calm after High Holidays

The haredi community's protests over the opening of a parking lot in Jerusalem on Shabbat continued this weekend, and as things look now, there is no end in sight. The past two days were particularly violent – a young ultra-Orthodox man was run over by a car, six policemen were lightly injured and about 16 demonstrators were arrested.

Haredi sources have vowed to "continue the protests until Nir Barkat capitulates and closes the parking lot," but one of the Jerusalem mayor's associates told Ynet on Saturday night that "the parking lot will remain open, and violence will definitely not change this."[...]

Fear of Chareidi takeover

For context, please note that this video originally appeared on July 19, 2009 on Israel TV Channel 1 & JPost.com

Artzeinu - A blog about Eretz Yisrael 1

This is a guest posting.

Web 2.0, The Aliyah Revolution, and Nefesh B'Nefesh

"I told her we were planning on making Aliyah. do you know what she answered? She said, "Oh, people still do that?"..... Fast forward one whole year. Four hundred people just made aliyah with an organization [NBN] that didn't exist one year ago. People who never would have thought of making aliyah are sudden thinking about it. And many people are really doing it." Laura Ben-David, An Aliyah Journal

I truly believe that there is an Aliyah Revolution going on in today's times. I think it started with Nefesh B'Nefesh and was bolstered by Blogs (like the Aliyah Blog) that show that is possible to live and be happy in Israel and other organizations that provide information about making aliyah (like Kehillot Tehilla).

When I first lived in Eretz Yisroel in 2000, only 9 years ago, none of these resources existed. And when I left in 2003, I still felt that there were few resources for the person wishing to live his life in Israel. It was hard to find out about careers, resources, communities, etc. Now, that has all changed. [...]

Rule #1: Avoid displeasing Muslims

JPost

The publicly funded Multicultural Center's (Werkstatt der Kulturen) decision to remove educational panels of the Grand Mufti of Jerusalem, Hajj Muhammad Amin al-Husseini, who was an ally of Adolf Hitler, from a planned exhibit, sparked outrage on Thursday among a district mayor, the curator of the exhibit, and the Berlin Jewish community.

The curator, Karl Rössler, told The Jerusalem Post that it is a "scandal" that the director of the Werkstatt, Philippa Ebéné, sought to censor the exhibit.

"One must, of course, name that al-Husseini, a SS functionary, participated in the Holocaust," said Rössler. [...]

Rav Sternbuch: Elul - getting a fresh start

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Anti-Obamacare ad rejected by ABC & NBC

Fox News Bloomberg News - Cardiolgists and Oncologists fight medicare cuts

Questions from a cohen with a non-Jewish girl friend

I received permission to post the following from a young American Jew with some difficult questions.

Hello Rabbi,

I am a Kohen seeking answers to important questions. Any advice or wisdom you can bestow upon a very concerned soul who is yearning for answers would be immeasurably appreciated. About my background: I was losely raised in a Conservative setting, and at this point, I am cautiously interested in becoming more observant. I did not first go to Israel until three years ago. This was my first exposure to Orthodox Judaism and the significance of my status as a Kohen. Unfortunately, and this is the basis for my letter, I think that I have contracted the herpes virus. I want to learn if there are any halachic implications when one contracts such a virus, and if so, what those implications are.

For example, am I no longer a Kohen? If I have a son in the future, can I still pass on my Kohen status? Can I still have Kidushin with a Jewish woman? Practically speaking, how will dating work for me in the Orthodox world should I decide to turn Frum?

My circumstances also present other complicated issues. Unfortunately, I was not raised in a strong Jewish setting, and as such, the notion of only dating Jews was not instilled in me. Consequently, I have been dating a non-Jew for several years. I am in love with my girlfriend. However, based on my exposure to Judaism, I have become "in love" with Judaism, and thus, I am considering breaking off the relationship. Yet if as a result of contracting the virus I am Halachikally barred from marrying or having Jewish children, then what is the point of breaking up? Moreover, even if I am not Halachikally barred from marrying, as a practical matter, how will I find a Jewish woman that will marry me me with my condition?

Thank you for your time.

Rav Menashe Klein: How does calling an abuser a rodef - permit calling the police?

I had previously posted the teshuva of Rav Menashe Klein and child abuse. However there the concern was his insistence on following the strict letter of Torah law concerning witnesses. In our recent discussion of labeling an abuse a rodef he raises another important point - how does calling an abuser a rodef permit calling the police?

Notice the following discussion in the Rema and then read Rav Klein's teshuva.

Shulchan Aruch(C.M. 35:14): A woman is not a valid witness…Rema: All those who are invalid witnesses are invalid even in circumstances where Jewish men are usually not found. However all this is according to the strict letter of the law, but there are those who say that there is an ancient decree that regarding a place where men are not normally found such as the women’s section of a synagogue or any other circumstances where only women are typically present and not men. This decree also applies in regards to facts that woman pay attention to and men don’t - such as to testify that “this woman wore these clothes.” In these cases a woman’s testimony is believed (Terumas HaDeshen 353 and Aguda asara yuchsin). Therefore there are those who say that even one woman or a relative or child is believed concerning physical abuse or the shaming of a talmid chachom or other disputes and informing. That is simple because it is not normal to invite valid witnesses nor is there time to summon them to these events (Maharik 179, Maharam M’Rizborg, Kol Bo #116). These alternative witnesses are only believed when they claim that they are certain of what they are saying (Maharik 93).

Rav Menashe Klein (Mishneh Halachos 16:58): … Shulchan Aruch (C.M. 388:9) writes that it is prohibited to cause a Jew to be handed over to the secular government whether physically or his money - even if he is a wicked person and even if he irritates and causes someone distress. It would seem from this statement of the Shulchan Aruch that it is prohibited to report a person to the police. Nevertheless in Nishmas Avraham (C.M. part 4 page 207) he cites in the name of Prof Avraham Sofer that Rav Eliashiv, the Tzitz Eliezer, R’ Shlomo Zalman Auerbach classify a molester as a rodef (pursuer) and that they rule that it is permitted to report the molester to the police. However I don’t have this book to see what they actually said….

Concerning the issue of whether it is permitted to give him over to the secular courts (see Shulchan Aruch 388:9). But this that you want to say that he is a rodef (pursuer); I don’t know what you mean. In the case of the rodef we have an established principle that if we can stop him by damaging one of his limbs then he should be stopped that way. Therefore in our case we can say that after the matter has been clarified that he in fact committed the crime, nevertheless he can be stopped by firing him from the school and therefore he will not have the opportunity to do the crime again. Since the administration can stop him in this manner they have no right to punish him by given him to the secular government since he is no longer a rodef. Furthermore if he is now pursued after he has been fired then the victim becomes the rodef and the rodef becomes the victim. If it has been clarified before proper witnesses then there is an alternative way of dealing with him by firing him – it is prohibited to hand him over to the government. And surely in the case where the facts have not been clarified by proper witness as I said before – but only by means of circumstantial evidence. Nevertheless he does not have the status of a wicked person except by means of proper witnesses. So surely it is prohibited to hand him over to the police and to have him imprisoned. (Also because in the case of imprisonment when he is freed he will be like he was before.) Nevertheless after he has committed a transgression we have no ability give him a punishment of flogging because we don’t have a beis din with proper semicha. We do have the ability to make various decrees but what ever is done must be done according to the Torah and with a proper beis din. Nevertheless in a situation where all the clarifications of facts have not been done according to the Torah as we have written, even though it is possible to fire him from the school – but G‑d forbid to hand him over to the police and have him imprisoned.

Therefore I am extremely upset that there are rabbis that have decided to give permission in all cases to go to the civil courts. There are cases of people who have come to me where a child who learns in the school and has various problems with the teacher and has accused the teacher of pursing him in a disgusting manner. Even though there is no previous history of such a thing and he has acted like any other religious teacher. Nevertheless they go to a rav who tells them immediately to call the police. That is in my humble opinion a very serious prohibition. Concerning this the Shulchan Aruch (C.M. 26) says that a person who goes to the secular courts is a wicked person and is like one who blasphemes and raises his hand against the Torah of Moshe. The Rema adds to the Shulchan Aruch and says to punish anyone who assists in this endeavor. Thus one who rules that one should go to the secular courts is included in one who assists in this endeavor. In addition he is giving permission to be a moser and to go to the secular courts which is included in cherem – G‑d forbid.

EJF declares world-wide war on intemarriage

Eternal Jewish Family Blog

The Eternal Jewish Family International (EJF) has launched a major initiative on three continents to stem the tide of soaring intermarriage in Jewish communities in the US, Israel and Europe. Eternal Jewish Family is partnering with the largest and most successful kiruv (outreach) organizations, such as Ohr Somayach — Jerusalem, Hidabroot, Lev L'achim and Nefesh Yehudi in reaching out to large numbers of Jewish youth "with a direct message on the threat of intermarriage to themselves, their families, and the Jewish future". In the US, Eternal Jewish Family will team up with Gateways in reaching vulnerable youth. "This epidemic of intermarriage can only be confronted with 'straight talk' about the dangers of intermarriage", said Rabbi Leib Tropper, Rosh Yeshiva of Kol Yaakov/Horizons and the chairman of the Rabbinical Board of Eternal Jewish Family. "We can no longer afford to beat around the bush in the hope that the anti-intermarriage message will somehow penetrate". In many instances, Eternal Jewish Family will be cosponsoring seminars and Shabbatonim for the Jewish youth where special sessions will be devoted to the dangers of intermarriage. The first such Shabbaton in March was held in Baden, Austria in a joint program with Nefesh Yehudi for more than 100 Israeli medical students in Central and Eastern Europe. Eternal Jewish Family will be joining the outreach (kiruv) organizations in many similar seminars in the coming months.

Down's Syndrome - Disaster or mixed blessing?

JPost

A friend confided to me that she was concerned about her sister, who had just given birth to a little girl with Down Syndrome.

"I'm worried about her state of mind. She seems to be in denial, behaving as if the baby was normal. I'm wondering how she will cope when the reality hits."

I ventured that denial might be a necessary stage in the acceptance process.

"It's too big a thing to embrace all at once," I surmised, "and so she has gone into shock, like people do after a traumatic event. It shields her from the full force of what has happened, but that doesn't mean she isn't coming to terms with it inside." [...]

America's rising debt

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Circumcision as a weapon against AIDS

NYTimes

Public health officials are considering promoting routine circumcision for all baby boys born in the United States to reduce the spread of H.I.V., the virus that causes AIDS.

The topic is a delicate one that has already generated controversy, even though a formal draft of the proposed recommendations, due out from the Centers for Disease Control and Prevention by the end of the year, has yet to be released.

Experts are also considering whether the surgery should be offered to adult heterosexual men whose sexual practices put them at high risk of infection. But they acknowledge that a circumcision drive in the United States would be unlikely to have a drastic impact: the procedure does not seem to protect those at greatest risk here, men who have sex with men.

Recently, studies showed that in African countries hit hard by AIDS, men who were circumcised reduced their infection risk by half. But the clinical trials in Africa focused on heterosexual men who are at risk of getting H.I.V. from infected female partners. [...]