Rema (E.H. 154:21) Harchakos Rabbeinu Tam

שולחן ערוך (אבן העזר הלכות גיטין סימן קנד סעיף כא)

 כל אלו שאמרו להוציא, כופין אפי' בשוטים. וי"א שכל מי שלא נאמר בו בגמרא בפירוש כופין להוציא, אלא יוציא בלבד, אין כופין בשוטים אלא אומרים לו: חכמים חייבוך להוציא, ואם לא תוציא מותר לקרותך עבריין. הגה: וכיון דאיכא פלוגתא דרבוותא, ראוי להחמיר שלא לכוף בשוטים, שלא יהא הגט מעושה (טור בשם הרא"ש). אבל אם יש לו אשה בעבירה, לכ"ע כופין בשוטים.  וכל מקום שאין כופין בשוטים, אין מנדין אותו ג"כ (מרדכי ריש המדיר). ומכל מקום יכולין ליגזור על כל ישראל שלא לעשות לו שום טובה או לישא וליתן עמו (שערי דורא בשם ר"ת ובמהרי"ק), או למול בניו או לקברו, עד שיגרש (בנימן זאב פ"ח /רפ"ט/). ובכל חומרא שירצו ב"ד יכולין להחמיר בכהאי גוונא, ומלבד שלא ינדו אותו. אבל מי שאינו מקיים עונה, יכולין לנדותו ולהחרימו שיקיים עונה או שיגרש, כי אין זה כפייה, רק לקיים עונתו, וכן כל כיוצא בזה (ריב"ש סימן קכ"ז) וכן מי שגירש אשתו בגט כשר, ויצא קצת לעז על הגט, מותר לכופו לתת גט אחר. ובכל מקום דאיכא פלוגתא אם כופין או לא, אף על גב דאין כופין לגרש, מכל מקום כופין אותו ליתן כתובה מיד, וכן הנדוניא דאנעלת ליה (מרדכי ריש המדיר).

Rav Ovadia Yosef - Harchakos Rabbeinu Tam 7:23

Yabia Omer EH 7 23 Harchakos Rabbeinu Tam

Rabbeinu Tam - Harchakos/ Sefer HaYashar #24

Harchakos of Rabbeinu Tam

$2 Million fine for Sexually Harassing Tenants

NYTimes    Three men who operated Upper West Side apartment buildings, one of them a building superintendent who was also a convicted sex offender, have agreed to pay more than $2 million in fines to tenants who were sexually harassed by the superintendent, the United States attorney’s office said Tuesday. 

Under the agreement, the landlord, Stanley Katz of Manhattan, is also prohibited from managing properties, and the former superintendent, William Barnason, is barred from maintaining or managing occupied properties. 

According to the complaint, Mr. Barnason, who had been convicted of molesting or raping three girls and a woman in Suffolk County, would try to enter women’s apartments while drunk and demand sex, engage in “unwelcome groping and fondling” and demand sexual favors in return for rent reductions. Officials said he would retaliate against tenants who refused to comply.

Obama's "evolving" gay marriage position

Time Magazine   Officially, Obama’s position on marriage equality is “evolving”–a stock phrase intended to buy time until a hypothetical second term. By backing gay marriage, Obama would risk alienating a range of potential supporters — including older, rural populists and conservative black Christians — as well as motivating Evangelicals who remain unenthusiastic about Mitt Romney. As it stands, Obama has the support of same-sex marriage advocates even as his fuzziness frustrates them. Planting himself in the muddled middle may be an optimal political tactic.

As Obama’s advisers point out, the President has done more to promote equal rights for gays than any of his predecessors. He instructed the Justice Department to stop defending the Defense of Marriage Act. He backed the reversal of Don’t Ask, Don’t Tell. He has opposed discriminatory practices. “We wouldn’t be removing every federal barrier we can, on our own, to ensure gay and lesbian couples have the same rights and protections as other couples” if Obama did not support equal legal rights for gay couples, said Stephanie Cutter, the president’s deputy campaign manager, in an interview with MSNBC’s Andrea Mitchell. “There are significant accomplishments in this Administration to ensuring equality for everybody.”

True. But gays have done a lot for Obama as well. Reviewing Obama’s donor lists, the Washington Post notes that about one-in-six of Obama’s top campaign bundlers is gay. Same-sex marriage advocates, who are working to make their cause part of the Democratic party’s platform at this summer’s convention (in North Carolina), grasp that Obama is hemmed in by the looming election. But they also say the right moral stance happens to be smart politics. Young voters, including many of those whose enthusiasm for Obama has dimmed, overwhelmingly support gay marriage. In a new Gallup poll released today, 57% of independents say they support legalizing same-sex marriage. Some of the rumored contenders for the party’s presidential nomination in 2016 also happen to be governors who backed same-sex marriage in their state — including New York’s Andrew Cuomo, with whom Obama appears today in Albany.

Real meaning of LaG BaOmar - Rabbi Hoffman

The Real Meaning of LaG BaOmer By Rabbi Yair Hoffman
The Ramah Shulchan Aruch (OC 493:2) that on LaG BaOmer we engage slightly in Simcha – joy. Commemorating LaG BaOmer is a serious matter. The Mogen Avrohom cites the Kavanos HaArizal that discusses a certain individual who had the habit of reciting Nachem every day. He continued to do so on LaG BaOmer as well. For doing so he was punished. We see, therefore, that one should take the words of the Ramah quite seriously. A number of reasons are cited by Torah authorities for commemorating Lag BaOmer: • It commemorates the students of Rabbi Akiva who ceased dying during this day – although the deaths persisted between Pesach and Shavuos. (Shla Psachim 525). • This day is the Yartzeit of Rabbi Shimon Bar Yochai who revealed the inner secrets of the Torah (Chayei Adam Moadim 131:11) • This is the day that Rabbi Akiva granted ordination to his five students – among them Rabbi Shimon Bar Yochai – they did not die in the plague that struck Rabbi Akiva’s other students (Pri Chadash OC 493) • It also commemorates the Manna which began to fall on this day after the Bnei Yisroel left Egypt (Responsa Chsam Sofer YD #233 “Amnam Yadati”). In this short essay, we will attempt to discuss each of the four reasons mentioned above. The Students of Rabbi Akiva The Talmud (Yevamos 62b) tells us that 12,000 pairs of Rabbi Akiva’s students died on account of the fact that they did not extend honor to one another. Rav Chatzkel Levenstein zatzal asks how it could be that the great students of Rabbi Akiva neglected this most basic of principles? His answer is most illuminating. Our Rabbis teach us that Kinah, Kavod and Taavah – jealousy, the pursuit of honor, and the pursuit of desires take one out of this world. “If so,” Rabbi Akiva’s students reasoned, “how can we accord each other this spiritual poison?” Rabbi Levenstein explains that they were unaware that, in fact, honor is only poisonous when one seeks it – but when one extends it to another it is not poisonous at all. When we build the self-esteem of others, it is actually quite healthy. Rav Levenstein explains that this notion is very subtle and nuanced and it could well be that the notion itself was only revealed in the world at that time. Why then were they punished? They were smart enough to have been able to figure out and contemplate this issue by themselves. Having neglected to delve into this psychological insight was their error. Rabbi Shimon Bar Yochai Rashbi, whose Yartzeit we commemorate on this day, merited to compose two extraordinary books that form part of the Zohar. They are the Adara Rabbah and the Adarah Zutah. Rav Yoseph Chaim in his Responsa (Rav Pe’alim YD #156) explains why it was that Rabbi Shimon Bar Yochai, above and beyond his masters the Tannaim, merited to write these extraordinary books. He explains that although his teachers and masters were greater than he was, he had the ability of couching these teachings in esoteric terms. Indeed, Rabbi Shimon Bar Yochai was so adept at obscuring the true understanding of these thoughts, that they could even be expounded upon publically – and only those that truly merit understanding it would be able to figure out the true inner meaning and import. According to this, we commemorate the fact that Rabbi Shimon Bar Yochai not only transmitted these remarkable teachings, but vouchsafed them in such a manner that they not be abused or taught to those who are unworthy. Jewish Continuity The ordination that Rabbi Akiva conducted on his five students was a heroic event that changed the course of Jewish history, and that of the world. These students were Rabbi Meir, Rabbi Yehudah, Rabbi Yossi, Rabbi Shimon and Rabbi Elazar Ben Shamoa. Under the pressure of the dark forces of Roman tyranny and religious oppression, these valiant scholars, who were privy to the noblest ideals of the Bible, its teachings and oral traditions, knew that no matter what the cost – they must ensure the continuity of these teachings. They were the future educators of us all. It was a point in time where the forces of evil and darkness were pitted against goodness and light. The light of Torah ultimately won out and Torah Judaism was to effect and alter the world. We commemorate this remarkable event on this day of LaG BaOmer. The words of the Mogen Avrohom concerning the man who was punished for not commemorating this day are, therefore, well understood. The Manna The Manna represents the spiritual nourishment that G-d granted the Jewish people upon their departure from Egypt. Manna allowed us, the Jewish people, to develop a close bond, a Dveikus, with the Creator – that has defined who we are as a nation. Although the Manna no longer falls, the admonition that the Jewish people have to continue that bond, to continue imitating G-d and attempting to be like Him has never ceased. The Talmud (Shabbos 133b) tells us Mah Hu Rachum af attah Rachum veChanun – just as He is Merciful, so should you be merciful. Just as He is kind so too must you be kind. Just as He clothes the poor - so should you clothe the poor. Just as He buries the dead, so should you buy the dead. This is the message of the Manna that still exists to this day, and this is what LaG BaOmer commemorates. Nonetheless, perhaps due to the deaths of so many of Rabbi Akiva’s students, the Minhag is to celebrate a little bit and not to make it into a full-fledged holiday. The Chsam Sofer points out that our Talmud does not mention it as a holiday at all. So how do we commemorate this day? The Bnei Yissasschar states that the custom is to light a number of candles in Shul on this day. We do not fast on this day – even for a Yahrtzeit, except for a fast of a bad dream. We do not recite Tachanun on this day, nor the Mincha before it. We get married and attend weddings. We join in with singing and dancing, and we listen to music (See Pri Magadim Aishel Avrohom 493:1). So as we hear the song and dance of the Jewish weddings and the words, “Od Yeshamah, let it still be heard in the cities of Yehudah and in the outskirts of Jerusalem, the sound of joy and the sound of happiness, the sound of the groom and the sound of the bride” let us think of these four reasons: Building the self-esteem of others and according others due honor is of utmost importance; vouchsafing the teachings of the Torah is paramount; Jewish continuity and education is key; and the spiritual bond and Dveikus that we have with Hashem should be central to our lives. May Hashem bring the Geulah Shleimah speedily in our days! The author can be reached at yairhoffman2@gmail.com

Secular look at Chareidim #2: Amnon Levi

Secular look at Chareidim #1: Amnon Levi

Abuse: Brooklyn man sentenced to 20 years

NY Daily News  

A perverted Brooklyn father who admitted Monday to sexually abusing two young children over several years will be sentenced to 20 years to life in prison.

The surprise plea deal for Michael Sabo, 38, came just as his abuse and child pornography trial was set to start in Brooklyn Supreme Court.

He pleaded guilty to molesting a 5-year-old boy for five years starting in 2001 and to repeatedly forcing a little girl to engage in sex acts when she was between the ages 6 and 9.

Abuse: Shame of Catholic Church by BBC

Time Magazine

"Immorality, liberality leads to murders": Chief Rabbi

YNet     Chief Sephardi Rabbi Shlomo Amar said that the recent wave of murders is the result of lax education and promiscuity. "A person who is allowed (to do) anything doesn't respect boundaries," the rabbi told Ynet.

"And so we've reached a situation in which young people – who aren't bad or criminals – murder someone who criticizes them; (a situation) in which women murder, children kill their parents and parents kill their children. I've heard about it and I'm frightened." 

Amar said that there is a "terrible crisis in the education of the (young) generation," mainly a lack of boundaries. "Today, people think that anyone who wants to maintain minimal modesty is primitive and belongs to a different generation. Things that were condemned by every other generation, considered abhorrent by the Torah, have become legitimate."

Abuse: More time for Justice

NYTimes Hawaii significantly strengthened its protections against child sexual abuse last month when Gov. Neil Abercrombie signed a measure extending the statute of limitations for civil lawsuits filed by child victims. At least as important, it opens a one-time two-year window to allow victims to file suits against their abusers even if the time limit had expired under the old law. 

Like similar laws in California and Delaware, the Hawaii measure recognizes some wrenching realities. It can take many years, even decades, before child abuse victims are emotionally ready to come forward and tell their stories in court. But by then, they may be barred from suing by the statute of limitations. For example, many suits against the Catholic Church have been blocked because the church’s covering up for pedophile priests made it hard for victims to come forward until long past the time limit for bringing civil claims. 

Hawaii’s new law allows child victims to bring suits up to the age of 26 (it was 20), or three years from the time the victim realizes the abuse caused injury. The law’s leading opponent was the Roman Catholic Church, which has been working hard to defeat statute of limitations reform across the country.

Lag B'Omer is dangerous!

JPost

As Lag Ba’omer approaches, a released survey states that nearly 25 percent of parents disregard their children’s safety by not supervising dangerous bonfires.  [...]

Beterem, the National Center for Child Safety and Health, said that most people understand where to initiate bonfires – in an open area without telephone and electricity wires, trees, traffic and combustible products. But many parents are unaware and fail to prevent young children from approaching the bonfire, especially in windy weather.

ORA - "beis din should give authorization"

guest post: Rabbi Jeremy Stern admits (at 58:00) that public pressure on a husband for not giving a get is inappropriate halachically absent a ruling from a beis din that a get be given.  Nonetheless, Ora was publicly demonstrating against Friedman and his family for over a year before any beis din had called on him to give a get.  http://www.youtube.com/watch?v=EEi4SXT_fCA