Haredi institutions implicated in massive financial scheme

ynet

The Jerusalem Police raided several ultra-Orthodox institutions Sunday as part of an elaborate fraud investigation. Five people were arrested.

Police believe that the suspects are involved in a massive student registration scheme, meant to defraud the state out of millions of shekels.

New Chareidim: Working is a reality

JPost

A small but significant segment of the haredi population is beginning to emerge, whose socioeconomic status could be defined as middle class, says a new study from the Israel Democracy Institute.

Although specific numbers are not yet available, the report, which was presented on Wednesday at the organization’s headquarters in Jerusalem, identified several defining characteristics of a nascent ultra-Orthodox middle class that sets them apart from other members of their community and which represent a new haredi sector that aspires to a more varied lifestyle. [...]

“But they also work hard to live in both worlds without losing their original identity. They want to maintain their culture and identity as members of the ultra-Orthodox community, but they are also inclined to go to the theater, read non-haredi newspapers, as well as the haredi ones, and be exposed to a greater extent to wider Israeli society,” he said.

New Chareidim:Mishpacha vs. Yated

.kikarhashabat

ערב הבחירות, ניטשת מלחמה של ממש בין שני עיתונים מרכזיים בציבור החרדי: משפחה ויתד נאמן. הרקע לכך, הפעם: החרדים העובדים. אחרי טור נוקב שפורסם אמש במשפחה נגד "יתד נאמן", באה התשובה החריפה מעל דפי הגיליון - מאמר של חברי-הכנסת גפני ומקלב. איך זה ייגמר? סיקור מיוחד (בכיכר)

Wife jailed for refusing get

Haaretz

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A woman who has refused for 16 years to grant her husband a divorce was put behind bars last week - the first time a woman has been arrested in such a case.The 60-year-old woman, a teacher, has appealed to the Supreme Court, whose president, Asher Grunis, will decide today whether to keep her under arrest. 

If Grunis does not rule in her favor, she will remain behind bars until the Jerusalem Rabbinical Court hears her case in July. She can then file a petition over whether the rabbinical court has the right to imprison her.In 2001, the rabbinical court ruled that the couple's property be divided, but the woman did not accept. She said she deserved a much greater portion of her husband's wealth.

Rav Schachter's occasional misspeaking

Jewish Week  Understanding the non-significance of Rav Schachter's baseball bat comment

Some Orthodox Jews were wondering this week what it would take for Rabbi Hershel Schachter, a prominent rosh yeshiva at Yeshiva University’s rabbinical school, to be relieved of his duties for making offensive statements — the latest of which has proved to be the most shocking of all.

At the same time defenders of the rabbi were questioning when the community would come to recognize the stature of the Talmudic scholar they revere and show more respect toward him.

The divide is not a new one in a Modern Orthodox community whose young men and women tend to show more obedience toward rabbinic sages and leaders than their parents do. And Rabbi Schachter has a history of making politically incorrect statements — but none as seemingly egregious as the one made last week to a group of students in Israel in which he appeared to advocate shooting the prime minister of Israel if the government “gives away Jerusalem.” [...]

R Bechhofer's pshat in Rambam - critique

To review briefly, I posted the following assertion by James.

James (May 3, 2012) wrote : Even if it [ORA's actiities] is humiliation, (and I do not think it is) it is not humiliation ordered by the Beth Din. There is nothing new with publishing seruvim and calling the public to urge Aharon to give a GET. The only thing different is that ORA has decided to use the Internet to organize the public in a way that was never possible before the advent of the Internet. This is a private action

I disagreed and responded : In sum. It follows from the initial premise that as long as the force is unrelated to beis din we avoid all the tiresome discussion of what constitutes legitimate pressure according to Rabbeinu Tam or Rambam etc etc. Thus if this idea is correct - any and all types of force can be applied to force the get - because it is only vigilante action and not the legitimate psak of beis din!

I also posted two sources which I claim indicate that forcing by unauthorized individuals makes it a get me’usa.

Rambam (Hilchos Gerushin 2:20): If it isn't required according to the halacha that the husband be forced to give a get and beis din made a mistake or it was a beis din of laymen - [Rabbi Tougher's translation is " a Jewish court or simple people compel him"] and they forced him until he gave a get - the get is not valid.  But since Jews have forced him he should give her a valid get [because he might think it was valid and when he marries another without obtaining a valid get it produces mamzerim]. However if goyim force him not according to halacha it is not a get.... since the law does not require it and the force was from goyim it is not a get.

Chazon Ish (E.H. 69:23) describes a case that the wife's father refuses to give back money that belongs to the husband - unless he gives a get. The Chazon Ish says since the beis din did not authorize this it is kefiah by a hedyot. Therefore he urges that beis din be convened and rule that the father should not give back the money until the get is given.

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

Batmelech commented

So what happens if his mother, or worse: mother in law, insists he give a get???This would be a forced get in any case, because nothing is more fearsome than an angry mother, or worse, mother in law!!!

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

Yosef Gavriel Bechhofer wrote: 

You can taunt James all you like, but he is absolutely correct. This is medukdak in the Rambam, but you missed the diyuk because you inaccurately translated hedyotos as laymen - implying it is a separate category from a BD that was in error. The Rambam is saying that a get compelled by an erroneous BD or a BD of simpletons is invalid. V'duk.

"Batmelech" also cut through to the heart of the matter:

Rabbi Bechhofer’s criticism of my position continued on his blog  

http://rygb.blogspot.com/2012/05/mechooh-contd-ii-james-gets-it.html

Yitzy Hillel asked Rabbi Bechhofer:

So what does Rav Sternbuch mean (5:344) that woman hiring thugs to beat men to give GETS is a Get Batul and causes Mamzurs. I am not talking about a fight between the husband and wife or family members, I just want clarify your statement that any actions that are not sanctioned by a beis din can never be Kefia?

Binyamin asked Rabbi Bechhofer

    The Rambam is in gerushin 2:20     "If the halacha does not require that he divorce her and the beis din erred, or if they were hedyotos, and they pressured him until he divorced, the get is posul" i.e. koshjer midioraisa and posul midirbanan. He does not say anywhere that if individuals pressured him the get is kosher. The Lechem Mishna explicitly says that if individuals pressure him where he is not required to give a get the get is posul midoraisa, same as if a non-Jewish court forced him to give a get.

Rabbi Bechhofer answered:

1) The Rambam doesn't have to say that if individuals pressured him the get is kosher. Any get that is not specified as batel or pasul is a priori kosher! The Lechem Mishne is very veit from pshat in the Rambam, u'devarav tzrichin iyun. All this, however, is lomdus. I believe my pshat in the Rambam, is emes, and any lamdan will be modeh al ha'emes.

2) But even if you don't, the logic which - despite your scoffing elsewhere - is represented by Batmelech's phrasing holds true. And that is why even according to the Mechaber, who does not pasken like the Rambam and holds me'useh al yedei a private citizen is me'useh, any pressure that does not entail: a) violence; b)direct financial penalties; c) niddui - does not create a state of me'useh. This is the yesod of Harchaka d'R"T. And that is why mei'ikar ha'din we do not need a BD to impose the harchokos. For, if a BD was essential to the process, Harchokas RT would be a form of Kefi'ah, and RT could not have sanctioned its use in cases in which he himself rules that ein kofin. Al karchach, the imposition of harchokos is not a Ma'aseh BD. What BD statement that the Harchokos are appropriate does is merely to verify that the activation of harchokos in this or that case is appropriate, and not creating undue nuisance for someone who does not deserve it.To turn the tables, your position is unsustainable. L'shitas'cha u'l'shittas haEidensohns, if I as a solitary individual would constantly go and harass someone until he gave a get, the get would be me'useh. If a Rav called a husband too late at night and that caused the husband to give a get, that would also be me'useh. If a very prestigious Rav called on the husband to give a get, and he felt he could not say no to such a distinguished personage, it would also be me'useh. Absurd, of course.

My Response:

Rabbi Bechhofer makes two points – the second assertion is that anyone who uses the harchakos of Rabbeinu Tam – even without authorizing can not create a get me’usa. That is because the harchakos of Rabbeinu Tam are  not considered force. It is an interesting point. But it is not clear that it is true. We see clearly from the fact that Rabbeinu Tam was not utilized for centuries because major poskim thought that it might create a get me’usa and that we see from contemporary poskim like Rav Sternbuch that they have a great reluctance to use them. I don’t think that Rabbi Bechhofer's assertion is obviously correct. The fact that Rav Ovadia Yosef says that beis din can authorize them at times - because of the needs of modern society – indicates he doesn’t think that they should be used indiscriminately. According to Rav Bechhofer – why the hesitation amongst great poskim? Why do so many prohibit the use of them? But Rabbi Bechhofer goes even further by saying that – even if beis din did not authorize Rabbeinu Tam – any and all harrasment would be permitted as long as it was not physical violence, monetary pressure or niddoi.

But even if Rabbi Bechhofer is correct that harchokas of Rabbeinu Tam do not require a beis din to authorize their use and can not create get me’usa - the question is and was whether ORA’s public demonstration or the screaming of neighbors or mother‑in‑laws are included in Rabbeinu Tam.

However Rabbi Bechhofer’s first assertion is totally absurd. He claimed that according to the Rambam - only a beis din is restricted to apply pressure according to the law. In contrast he claims that a layman who is not part of a beis din can apply any type of pressure and the get is still kosher. This “chidush” is explicity rejected by Rav Sternbuch, Chazon Ish, Lechem Mishna and I could not find a single source that explictly agreed with Rabbi Bechhofer “chidush”. Rabbi Bechhofer rejected the Lechem Mishna by saying, “The Lechem Mishne is very veit from pshat in the Rambam, u'devarav tzrichin iyun. He notes, “All this, however, is lomdus. I believe my pshat in the Rambam, is emes, and any lamdan will be modeh al ha'emes”.

This would mean that according to the Rambam any type of vigilante justice can not create a get me’usa – but only incorrect pressure applied by a beis din. Please find anyone – lamdan or otherwise - who agrees. It also does violence to the source of the Rambam – Gittin (88b) where only beis din can authorize pressure – any non-authorized pressure invalidates the get.

[[update May 14, 2012]]

I wrote: Rabbi Bechhofer, Please clarify your view. You noted that Rambam(Hilchos Gerushin 2:20) says that a beis din that errs or a beis din of hedyotos that force a get shelo kadin - the get is posul derabbonin. You made the diyuk that therefore if it is not beis din but individuals who force a get shelo kadin it is kosher. Obviously the Rambam was not referring to passive social withdrawal since that is not considered to be kefiya according to the poskim. It can only be dealing with issues such as financial or physical forces - and yet you said from the diyuk that vigilante justice can't posul the get.

Now you are stating that vigilante justice can in fact produce a get me'usa? So what is your true position?

Rabbi Bechhofer commented:"Three types of vigilante justice do produce get me'useh. These are specified by the Poskim: Violence, monetary sanctions and niddui. There is no precedent to ban any other form of persuasion, and the Harchokos in fact encourage other forms of persuasion. No one here has brought any definitive legitimate proof that demonstrations, petitions, and ostracism create a situation of get me'useh."

You can't have it both ways. The above statement contradicts the diyuk you made from the Rambam. If you always intended the above then you don't need a diyuk in the Rambam to permit someone not to speak to another person. However the case of the mother in law who yells at her son in law to give a get or the case of the father in law who takes his son in laws money to force him to give a get - you said were valid pressure when not done through beis din. You rejected the Lechem Mishna that rejected your diyuk.

Reply of Rabbi Bechhofer:

It is not a retraction. I believe that my pshat in the Rambam is emes. Nevertheless, since it is clear that many Gedolei HaPoskim either do not accept my pshat, or do not rule like the Rambam, I go on to clarify that my position stands independently of the Rambam, the distinction being that according to the Rambam any form of persuasion not initiated by BD would be valid, while the consensus of the Poskim (which I, of course, accept) is to exclude three forms of persuasion as kinds of Kefi'ah no matter how they are initiated. I believe this is pashut k'bei'ah b'kutcha.

Forced get: Rav Herzog - full lenient analysis

  He mentions an important issue: Is the leniencies to use a type of force 1) Rambam 2) Takana of the Gaonim 3) Rabbeinu TamAlso whether the Takana of the Gaonim was limited to their time or it is applicable in all generations  There is also a major discussion of the Chasam Sofer  Rav Herzog Get Me'Usa E.H. 1 3 

Lakewood told me not to say "call the police" - Dr. Pelcovitz

See Lakewood View for the full story.

Keeping Chumras while taking charity

Readers question:

To your knowledge has anyone ever addressed the issue of keeping chumras ( eg. chalav yisroel, glatt, fancy esrog, hand shmurah, yoshon in the united states ) when you are living off of communal charity/donations ?

Also, again, if a shul is low on cash, can these things go ?

Aguna: What are possible solutions?

I think we covered many of the major points dealing with agunos in a case of ma'us alei where the husband refuses to give a get. The obvious question remains - what are acceptable solutions. As a start - please read this  summary by Rabbi Tzi Gartner.

Forced  Get by Rabbi Tzvi Gartner - Summary (RJJ Halacha Journal)

Rabbi Bechhofer: Ma'us alei - Do we posken like Rambam?

As is to be expected this topic of divorce has elicited strong feelings and vigorous debate. While there are clearly issues of intepretation - there are other things are simply undisputable facts. One of those is that in the case of ma'us alei - we don't posken like the Rambam (Hilchos Ishus 14:8) that the husband can be forced violently to give a get. In a recent debate with Rabbi Berger who denies this fact and insists we do pasken like the Rambam - Rabbi Bechhofer got involved. Rabbi Bechhofer as we all know is a super brilliant talmid chachom - who has very strong well informed opinions - which he expresses not only on this blog but on his own blog and other forums. See Comments here

I asked him whether he agreed with Rabbi Berger. He replied to a secondary issue regarding the Rema - but ignored my primary question. Since this issue goes to the crux of the issue of ma'us alei - I am asking Rabbi Bechhofer to declare pubicly whether he holds that the Rambam's position of beating the husband in a case of ma'us alei is in fact the accepted halacha.

Yeshiva teacher arrested for pornography

TLJ News

Upon his arrival in New York, he began working for Bnei Akiva of New York as a Regional Director, and quickly moved his way up the ranks at Bnei Akiva to director of the In-School Programming division. He is the Director of Youth Programming at The Hebrew Institute of Riverdale, and he spends his summers working for Bnei Akiva of North America, most recently directing a post-tenth grade summer program in Israel. Evan is also founding and current Director of the Yeshivat HaKotel Alumni Association of America.

According to the complaint, Zauder possessed child pornography that had been downloaded from the Internet and saved onto his computer. During a search of Zauder’s residence conducted on Monday, May 1, 2012, a computer containing hundreds of images and videos of minor children engaging in sexually explicit conduct was seized.

Chazon Ish: Father-in-law forcing Get E.H. 69:23

Briefly this is a case where the husband is an epileptic and this fact was concealed before the marriage. The father-in-law took money from the husband and refuses to give it back until he gives a get. Chazon Ish notes that this constitutes forcing by a layman i.e., the father-in-law. To eliminate that problem he says a beis din should be convened and they should rule that the father-in-law should keep the money until the get is given. It is important to note that  marriage through deception is much more severe than a case of ma'us alei and the poskim are much more lenient regarding forcing a get.

Chazon Ish EH 69 23 Forcing of Father in Law

ORA: Private coercion or Beis Din?

[[update See Rabbi Bechhofer's incredible "chidush" that vigilante coercion can't invalidate a get - only an action connected to beis din]]

James (May 3, 2012) wrote : Even if it [ORA's actiities] is humiliation, (and I do not think it is) it is not humiliation ordered by the Beth Din. There is nothing new with publishing seruvim and calling the public to urge Aharon to give a GET. The only thing different is that ORA has decided to use the Internet to organize the public in a way that was never possible before the advent of the Internet. This is a private action

 James has raised a very important issue which we seem to have been missed in all the debate. When ORA holds demonstrations is it to be viewed as an agent of beis din or as private citizen? Rabbi Ralbag - a member of the Beis Din that urged Aharon to give a get to Tamar told my brother that the declaration of his beis din did not authorize demonstrations. It would thus seem that ORA is not the agent of this beis din. Is it the agent of any beis din? Does Rav Schachter's approval constitute a beis din or does he have a private beis din which authorized this?

Furthermore if Aharon's boss Rep Camp urged him to give the get or threatened to fire him if he didn't give a get - a threat he would do solely because of ORA's actions - is that considered force from a non-Jew? Even if  Rep Camp says I am pressuring you to do what ORA wants you to do - does that make it complying with beis din?

What if a person saw the demonstrations and threatened to physically attack Aharon unless he gave a get. Is this considered legitimate force  or would the resulting get be a get me'usa? If it is legitimate than it would be consistent with  Bava Kamma 28 which is the sugya of physical action against others without the consulting or involvement of beis din.

Chazon Ish (E.H. 69:23) describes a case that the wife's father refuses to give back money that belongs to the husband - unless he gives a get. The Chazon Ish says since the beis din did not authorize this it is kefiah by a hedyot. Therefore he urges that beis din be convened and rule that the father should not give back the money until the get is given.

Rambam (Hilchos Gerushin 2:20): If it isn't required according to the halacha that the husband be forced to give a get and beis din made a mistake or it was a beis din of laymen - [Rabbi Tougher's translation is " a Jewish court or simple people compel him"] and they forced him until he gave a get - the get is not valid.  But since Jews have forced him he should give her a valid get [because he might think it was valid and when he marries another without obtaining a valid get it produces mamzerim]. However if goyim force him not according to halacha it is not a get.... since the law does not require it and the force was from goyim it is not a get.

In sum. It follows from the initial premise that as long as the force is unrelated to beis din we avoid all the tiresome discussion of what constitutes legitimate pressure according to Rabbeinu Tam or Rambam etc etc. Thus if this idea is correct - any and all types of force can be applied to force the get - because it is only vigilante action and not the legitimate psak of beis din!

Ma'us Alei: Forced only if disgusting

Husband is not forced in claim of Ma'us alei unless clearly disgusting

שו"ת יביע אומר חלק ג - אבן העזר סימן יח

(ב) איברא דחזי הוית להמאירי (כתובות סג: עמוד רסח), שכ', ואף לשיטת גדולי המחברים (הרמב"ם), פירשו רבותי בדבריהם, דדוקא בשטוענת כך מן הדין, ר"ל שאף אנו מכירים בו שהוא ראוי להמאס מחמת רוב פחיתותו והפסד עניניו אם במדות אם בשאר דברים מכוערים, והדברים מוכיחים שלא בסיבת נתינת עין באחר הוא, הא כל שטוענת כן מחמת עקשות וגאוה והסתלסלות יתר אין שומעים לה. עכ"ל. גם בשו"ת מהרימ"ט ח"ב (חאה"ע סי' מ) כ', ואם היינו באים לדון דינא דמאיס עלי כד' הרמב"ם, היה צריך לחקור הדבר היטב שיהא ברור וניכר לנו שא"א לה להבעל ברצונה לו שהוא מאוס עליה, וצריכה לתת אמתלא לדבריה בכדי להאמינה. וכמ"ש הרא"ש והגמ"י בשם מהר"ם. ואף על פי שהרשב"א בתשו' המיוחסות (סי' קלח) כ' שא"צ לתת טעם ואמתלא לדבריה, זהו שיכולה לומר שהוא מאוס אף על פי שלא תתן טעם, ומ"מ אנו צריכים להכיר ולבחון זה מדבריה שכן הוא האמת שהוא מאוס בעיניה. וכמ"ש הרשב"א בתשו' שהובאה בב"י (סי' עז). עכת"ד. נמצא דאיכא פלוגתא בד' הרמב"ם בזה. [ועמש"כ להלן אות טו דמוכח להדיא מדברי מהרי"בל בתשו' ח"ג (סי' יג), שא"צ שום אמתלא לטענת מאיס עלי בכדי לכופו לגרש. ע"ש]. ומ"מ ע"פ סיום דברי מהרימ"ט נראה שיש הפרש בין אומדנא קלה כמות שהיא הנראית רק לעיני הדיינים, לבין אמתלא ברורה ונכוחה, אשר תבענה שפתותיה של האשה. וכמו שסיים עוד מהרימ"ט שם, ועוד שהרשב"א שם כ' דבאומרת מאיס עלי ואינה חפצה בו ולא בכתובתו, כיון שרוצה לצאת בלא כתובה ודאי נראה מדבריה שדעתה אונסה. ע"כ. ופשוט שאין זו חשובה אמתלא ברורה. ובזה מיושבים דברי הרשב"א שלא יסתור את עצמו בתשובותיו הנ"ל. וכבר הנתיבות משפט שם (דף ריז ע"ב) עמד בסתירת תשו' הרשב"א שבב"י (סי' עז) לתשובתו שבמיוחסות (סי' קלח) הנ"ל. והניח בקושיא. ומתוך דברי מהרימ"ט הנ"ל תתיישב סתירה זו על נכון, שאף שהיא עצמה א"צ לתת טעם לדבריה, מ"מ צריכים אנו להבחין ולהכיר שדבריה נכונים. וכ"כ ליישב קושיא זו בשו"ת פרי צדיק (סי' ב). וע"ע בשו"ת ויאמר יצחק (סי' קכו). ובשו"ת שערי עזרה (סי' ז). ובשו"ת וזאת ליהודה (סי' יא). ע"ש. ועכ"פ אמת שדעת הרשב"א היא דאין לכופו לגרש גם באמתלא נכונה, ומ"מ הרשב"ש מצרף בזה דעת הרמב"ם עם קצת מהחולקים עליו שבזה הושוו לכפותו לגרשה, וכמו שסיים אח"כ ע"פ דברי מהר"ם. ומכ"ש באמתלא ברורה כזו דמוקמינן לה בחזקת שלא נתרצית לו מעולם, וסופה מוכיח על תחלתה. ובזה א"ש גם יתר קושיות הנתיבות משפט הנ"ל.

R M. Klein: Get invalid by use of Court

 Mishna Halachos(14:60): [Translation copyrighted by Daniel Eidensohn] The secular procedure is that when a woman wants to get custody of the children from her husband who is also their father – she will go the secular authorities and claim that he hit her and others such charges and that she escaped with the children and she is now requesting an “order of protection.” The Rabbis who haven’t been properly mentored by great Torah scholars and are not sufficiently learned in Torah claim that this is not the prohibitions of mesira and going to secular courts. In fact not only is this actual mesira but it is kidnapping of the children with the power of the secular judges and it is literally in the category of actual murder. (Look at Maharam Mirzburk printed at the end of Mahari Veil page 173....) Anyone who files a complaint against a Jew to a non‑Jew needs to repent as one who is a murderer. This woman who filed a complaint against her husband and they imprisoned him or other such punishment – it is not an Order of Protection but rather kidnapping the children and actual murder. Thus if either the husband or wife uses this approach they are a murderer and one needs to be very careful of this.

Besides the fact that when a woman goes to the secular courts and intimidates the husband with an Order of Protection or other techniques, it is subsequently prohibited for the husband to give her a get because it is an invalid get which has been coerced by the secular courts. One of my acquaintances came and asked regarding his wife who had obtained an Order of Protection and as a result he had been imprisoned overnight until his lawyer obtained his release. He told me that he was afraid this would happen again and again because she would make up lies about him and torment him all his life. He had decided that he had no choice but to give her a get. The beis din was now prepared to write it. I told him that a get given under these circumstances was invalid by the Torah and it was prohibited to give her a get until she removed all of her charges from the secular court and he had received a letter from her that she would no longer bring him to secular court again. This is elementary and clearly the halacha according to the Torah. It is clear that it doesn’t matter whether the husband is actually sent to jail or that she files a complaint in secular court and they don’t actually jail him.

I told him that he should listen to my advice and that both he and his wife should come and I would listen to both sides and I would make suggestion as to which rabbis to go to who might be able to make peace. Why do they say that rabbis are just for the bad to give a get but not for the positive. In fact there are wise rabbis who can make improvement and to discuss with both sides and to explain to them they are just destroying themselves and their children. That they have to worry in addition to problem in shidduchim for this family because of the fear of future divorces and many other things. In short I gave the advice to at least try counseling....

Rabbi's sex abuse conviction overturned

YNET\

A New York Court overturned the sexual abuse conviction of Brooklyn Rabbi Baruch Lebovits last week.

Rabbi Lebovits, 61, was sentenced to up to 32 years in prison in 2010, after he was convicted of molesting a teenage boy, the New York Daily News reported.  

The appellate court agreed: "The late disclosure all but set a trap for the defendant which had already sprung at the time the notes were finally furnished," the ruling said.
 =====================
See Tablet Magazine August 22, 2011

 Lebovits was free on $250,000 bail following the arrest of a rabbi, Samuel Kellner, on charges of bribery and witness tampering. Kellner was charged with giving a boy—not the boy who addressed the court, but another alleged victim—$10,000 to falsely testify he had been abused by Lebovits and of threatening to bring more victims forward unless the Lebovits family paid him $400,000. Today, the matter is still unresolved

Ma'us Alei: Accept Rambam's psak?

The following is the view of Rabbi Tzvi Gartner in his RJJ article concerning get me'usa. In particular the problems of accepting the Rambam's view that in ma'us alei the husband can be forced to give a get. Rabbi Gartner is a well known expert on the subject and is cited in Rabbi Broyde's defense of ORA

ORA, child abduction and Congress

Why does Ora support child abductors?   [guest post]

Would those rabbis who have given Ora their rabbinical endorsement [Rabbi Kenneth Auman, Rabbi David Bassous, Rabbi Eliyahu Ben Dahan, Rabbi Eliyahu Ben-Haim, Rabbi Ari Berman, Rabbi Azarya Berzon, Rabbi Yosef Blau, Rabbi Zevulun Charlop, Rabbi Menachem Genack, Rabbi Ozer Glickman, Rabbi Shmuel Goldin, Rabbi Meir Goldwicht, Rabbi Joseph Grunblatt,  Rabbi Shmuel Hain, Rabbi Basil Herring, Rabbi Elihayu Kaufman, Rabbi Barry Kornblau, Rabbi Norman Lamm, Rabbi Haskel Lookstein, Rabbi Yaacov Neuberger, Rabbi Marc Penner, Rabbi Steven Pruzansky, Rabbi Jason Rappoport, Rabbi Aaron Rakeffet, Rabbi Jonathan Rosenblatt, Rabbi Michael Rosensweig, Rabbi Yonason Sacks, Rabbi Hershel Schachter, Rabbi Fabian Schonfeld, Rabbi Michael Shmidman, Rabbi Peretz Steinberg, Rabbi Michael Taubes, Rabbi Elazar Meir Teitz, Rabbi Moshe Dovid Tendler, Rabbi Steven Weil, Rabbi Richard Weiss, Rabbi Jeremy Wieder, Rabbi Eliezer Zwickler, Rabbi Mordechai Willig] feel that the get is the only issue that the Jewish community should be concerned about if it were their child or grandchild that were abducted?

One of the abductors supported by Ora, is Anat Gelernter. [http://getora.com/pipermail/oravolunteers_getora.com/2006-September/000013.html].

Do Ora and its rabbis believe that Representative Lampson is wrong that the important issue in the case is Anat Gelernter's child abduction, rather than the fact that Gelernter does not have a get.  Congressional Record, May 16, 2000.

INTERNATIONAL ABDUCTION

(Mr. LAMPSON asked and was given permission to address the House for 1 minute.)

Mr. LAMPSON. Mr. Speaker, I rise today to tell about Yona Gelernter, whose three children were abducted to Israel by their mother, Anat Gelernter. On April 17, 1995, Chaya, Menachem and Chava were taken from their Brooklyn, New York home to Israel. As the parents were still married, Yona applied in the New York courts for emergency custody of his children. Additionally, because Israel is a signatory to the Hague Convention, he was able to apply for the return of his three children under the agreement. He filed his Hague petition in October of 1997 and on August 13, 1998, the Israeli courts ordered the immediate return of Chaya, Menachem and Chava to their father in the United States. However, when the mother learned that she had lost her case, she went into hiding with the three children. Yona has since hired private investigators in Israel to attempt to locate his wife and three children. He has not seen them since their abduction. Mr. Speaker, there are 10,000 American children out there whose stories are similar, 10,000 American children and their parents who experience the same kind of pain and devastation every day of their separation. This Congress must take action to solve this problem and help reunite parents with their children.  Mr. Speaker, we must bring our children home.

http://www.gpo.gov/fdsys/pkg/CREC-2000-05-16/pdf/CREC-2000-05-16-pt1-PgH3056-7.pdf

And do Ora's rabbis support Ora's attacking a member of Congress as comparable to child sex abusers [http://twitter.com/#!/oragunot] because the Representative has not commented on what halacha says about the get issue? 

When teachers bully students

Time Magazine

Chazon Ish: Negative information about rabbis

 [This was originally posted 4 years ago concerning the Tropper Affair]

amicusEJF (the defender of Eternal Jewish Family) questioned my public criticism of Rabbi Tropper's conduct in relationship to Rav Sternbuch, shlita and myself. The following quote of the Chazon Ish justifies my conduct. A person as influential as Rabbi Tropper has to adhere to a higher standard of conduct than others and is legitimately subject to revelations of his misconduct that are not appropriate of non-influential rabbis and roshei yeshiva. The quote of Rav Yaakov Kaminetsky zt"l shows that it is also relevant for influential rabbis who are deceased.

Chazon Ish(2:133):Knowledge about a talmid chachom who shapes yiddishkeit is similar to that of an artisan. Just as one is permitted to convey accurate information about an artisan if there is to'eles so it it permitted to reveal information about a gadol if there is to'eles. Of critical importance is to be totally accurate otherwise it is slander. This implies that expressing negative information about others is relevant for those who are considered influential authorities – in order to understand the degree to rely on them.

Rav Yaakov Kaminetsky (Emes L'Yaakov- Bereishis 37:18): I was asked by a student why the Torah tells the story about how Yosef was treated by his brothers – isn't it lashon harah? I answered firstly that the prohibition of lashon harah in fact only applies to the living but according to the Torah it is permitted to speak lashon harah about the dead except for an ancient cherem (Orech Chaim 606:3). And this cherem only applies to slander but not to facts even if they are not flattering.

Rabbi Broyde: "Sounds of Silence"- A response

Hirhurim [...] by Rabbi Michael Broyde

On April 23 2012 I wrote a short article entitled “Protesting Without Coercing” on a topic related to coerced divorce (see here) and this article was subject to a mean spirited ad-hominem by Rabbi Dovid E. Eidensohn (it can be found here). Like much of the dialogue that occurs in our community, his reply is short on substance, but full of vile language. I suspect that I could write a full blown reply if I wanted to but, as I have told many, I do not expect to reply further. My friends have been befuddled, and I write this public letter to explain my decision not to reply further and to be silent.

First, these types of polemical replies – full of words like “slither,” “brazen” “bald lie” and “completely wrong” – almost always misunderstand (accidentally or blinded by zeal) my writing in a significant way. Polemical writings aiming to score points almost never are connected to tight reasoning or an honest assessment of the strength of their own case. This type of writing then becomes a tool to attract hits on the internet and not to discover the truth of Jewish law. 

Second, I have little desire to fight with another Torah scholar over whether he is right or wrong in a particular case; the discerning reader has seen two views and can figure the matter. It is better that I should be mochel any kavod hatorah that ought to be mine than to respond in a way that undermines kavod hatorah generally. I try to respond to all those who have written to me, publically when written to in public, and privately when written to in private: That is the give and take of Torah, and it is what makes halachic Judaism authentic. There is no failure in kavod hatorah when responding to criticism. But the name calling and vilification found in the matter at hand makes it hard to respond other than in kind, and doing so undermines the general principles of kavod hatorah. I simply cannot bring myself to diminish the honor of Torah. [...]

R' Taubers evaluation of Kedushas Levi Beis Din

Old Siruv against Rav Herschel Schachter

Rav Yosef: Forced Get for Ma'us alei - sometimes

translation - click here

שו"ת יביע אומר חלק ג - אבן העזר סימן כ

(לד) המורם מכל האמור שהואיל ומצאנו חברים רבים גדולים ועצומים מרבותינו הראשונים דס"ל כשיטת הרמב"ם ז"ל שכופין את הבעל לגרש בטענת מאיס עלי. וכן תיקנו רבנן סבוראי בבי דינא דמתיבתא, ונהגו בתקנה זו עד סוף זמן הגאונים קרוב לשש מאות שנה, ועשו מעשה רב לכוף את הבעל להוציא בטענת מאיס עלי. אף על פי שרבים מהפוסקים אינם סוברים כן, וגם מרן בש"ע /בא"ה/ (סי' עז) סובר שאין כופין, מ"מ כשיש עוד צירופים להקל, שפיר סמכינן ע"ז הלכה למעשה. (וע' להגאון אגודת איזוב (חאה"ע ס"ס יט) בד"ה עוד יש). ובייחוד לבני תימן שאינם זזים מהוראות הרמב"ם בכל אשר יאמר כי הוא זה, וכבר נהגו בארצותם לכוף את הבעל לגרש בטענת מ"ע, כדעת הרמב"ם, לכן גם כאן בא"י שפיר דמי לפסוק להם כמנהגם. ובנ"ד הוכח בעדים שהנישואין נעשו נגד רצון האשה, ולמרות סירובה להנשא אל בעלה זה, כפו עליה קרוביה הר כגיגית בדרך תרמית ותחבולה להשיאה אליו. ונודע שדעת הרשב"ש להלכה דבכה"ג כופין את הבעל להוציא, ורבו האחרונים שכ' לסמוך על הרשב"ש בזה להלכה ולמעשה. ובפרט שיש לצרף בזה כמה ספיקות וס"ס. (וכמש"כ בסי' יח אות ד). וכבר נודע בשערים המצויינים בהלכה מ"ש הרשב"ץ ח"ב (סי' ח) וז"ל, ואף על פי שיש בתשו' גדולי האחרונים שאין כופין בזה [בדין מאיס עלי] כלל, מ"מ אנן לא קטלי קני באגמא אנן, ומילתא דתליא בסברא, אין לדיין אלא מה שעיניו ראות. ע"ש. וכן הוא בשו"ת יכין ובועז ח"ב (סי' מד). וע"ע בשו"ת מהר"א אבן טוואה בחוט המשולש (סי' לה). ובשו"ת מעשה איש (חאה"ע ס"ס א). ע"ש. הא קמן שאף הרשב"ץ דקאי בשיטת הפוסקים שחולקים על הרמב"ם, כשיש עוד סניפין פסק להקל כד' הרמב"ם. ודון מינה ואוקי באתרין. (ובתשובה אחרת הארכתי בס"ד להוכיח שדעת כמה פוסקים רוא"ח, שבית דין שפסקו לכוף את הבעל לגרש, ע"פ איזה פוסקים, אפי' טעו בדין, והוי גט מעושה שלא כדין, אין הגט פסול אלא מדרבנן. ומכ"ש בכפייה שבזמן הזה שאינה כפייה בשוטים, אלא בישיבה בבית הסוהר, ואין כל דמיון בין בית הסוהר של זמנינו לבית הסוהר שבזמנים הקודמים. והו"ל כספק ספקא בדרבנן. ולדעת הרבה פוסקים עבדינן ספקא בידים בדרבנן להקל, וכ"ש בס"ס, ומכ"ש בשעה"ד ומקום עיגון כזאת. וק"ו בן בנו של ק"ו בדין מאיס עלי שרבו הפוסקים המקילים הן מצד הדין הן מצד התקנה, ואפי' הרא"ש שחולק על הרמב"ם כתב, דבדיעבד שכפו את הבעל להוציא מה שעשו עשוי. וכ"כ הרשב"ץ, דאם נתגרשה בגט כזה תנשא לכתחלה. ועל אחת כמה וכמה בנ"ד שהנישואין היו בעל כרחה של האשה, דעבדינן עובדא לכתחלה.) ונוסף לזה יש מקום בנ"ד לפקפק על עצם הקידושין שנעשו ע"י איומים והפחדות, ועכ"פ הבעל בודאי עשה שלא כהוגן במעשה הקידושין, ואם כי לא נפקיע קידושיו מ"מ יש לכופו לתת גט. ומה גם שהאשה צעירה לימים ויושבת גלמודה גמולה דא מבעלה, ויש חשש לפי ראות עיני ביה"ד פן תצא ח"ו לתרבות רעה, אם תהיה תקותה לקבלת גט למפח נפש. בהיות שזה שנים רבות יושבת בדד כבולה בחבלי העיגון. וכבר הבאנו (בסי' יח אות יג) דברי הגאון מהר"ח פלאג'י דבכה"ג כופין את הבעל להוציאה בגט. וע"ע בשו"ת חקקי לב (חאה"ע סי' נז דק"ה ע"א), שהביא מ"ש בשו"ת מהרשד"ם (סי' נז), ומשאת בנימין (סי' מד), שיש להקל הרבה בעיגונא דאיתתא כדי שלא יצאו בנות ישראל לתרבות רעה, ולא יבואו ח"ו להמיר דתם, ובפרט כשהאשה ילדה ורכה בשנים. ושכ"כ הרא"ם בתשו' (סי' לו), שאין לך שעה"ד גדול מזה להשאיר האשה עגונה כל ימיה, ובודאי דנפיק מינה חורבא, וכ"ש בזמנים הללו שבעוה"ר רבו הפרצות ונתמעטו הצנועות. ע"ש. וכיו"ב כתב הגרח"מ לבטון בשו"ת נכח השלחן (חאה"ע ס"ס יד). ע"ש. ובנ"ד הרי כמה פעמים התחננו אליו ממש חברי בית הדין (בהרכבים שונים משך שנים רבות), ובקשוהו בדברי פיוס וריצוי שיואיל לפטרה בגט פן תצא ח"ו לתרבות רעה, והוא כמו פתן חרש יאטם אזנו, וגם לאחר החלטות ביה"ד לחייב את הבעל לגרש את אשתו (בחשבם אולי יקיים מצוה לשמוע דברי חכמים (ב"ב מח), ובהסתמך גם על הפו' שכ' שאפי' להחולקים על הרמב"ם וס"ל שאין כופין במאיס עלי, מ"מ חייב לגרשה.) הבעל ממשיך בסירובו ונותן כתף סוררת לכל עצות והחלטות בית הדין. וכל דבריהם נשארו כקול קורא במדבר. וגם כשהאשה פקעה סבלנותה ואיימה בפני ביה"ד ובפניו שאם לא יגרשנה תצא לתרבות רעה, (ודברי התנצלותה לאחר זמן בפני ביה"ד ע"ז, נאמרו אך ורק ע"פ עצת עורך - הדין שלה), וגם בעיני ביה"ד נראה ברור שאין זה בבחינת גזים איניש ולא עביד, אלא קיים חשש מבוסס שאמנם אם ימשך מצב ביש זה לבלי סוף תצא האשה לתרבות רעה. ואין כל סיכויים שהאשה תסכים אי פעם לשוב ולחיות עם הבעל הזה, ולמרות מאמצים גדולים בדברי פיוס ברצי כסף ותחנות ובקשות חוזרות ונשנות פעמים אין מספר לאמר: הבעל עננו! ואין קול ואין עונה ואין קשב. ובדברים לא יוסר עבד. ובצירוף כל הסברות הנ"ל פסקנו בכח ב"ד יפה להלכה ולמעשה לכוף את הבעל לגרש עד שיאמר רוצה אני, ולזה הסכים גם ראש בית דיננו הגאון הגדול מהר"ר ראובן כץ שליט"א (הרב הראשי ואב"ד פה פתח תקוה), ובהיות שהבעל הקשה את ערפו ואמץ את לבבו ולא אבה לגרש גם לאחר פסק הדין דקמן, נלקח אל בית הסוהר ע"י השלטונות בכדי להכריחו לציית לביה"ד, ולאחר שבתו בביה"ס ימים אחדים, הסכים לגרש את אשתו, והגט סודר על ידינו בס"ד במותב תלתא כחדא ביום א' מנחם אב תשי"ט פה פתח תקוה ת"ו, לאחר ביטול מודעות וכו' וכנהוג. והותרה האשה להנשא לכל גבר די תצבי חוץ מכהן. והשי"ת יצילנו משגיאות ומתורתו יראנו נפלאות ויאיר עינינו בתורתו הקדושה אמן. עובדיה יוסף ס"ט

Does Rav Schachter permit beatings?! 3 tapes

Guest Post Yitzy HillelApr 29, 2012 10:27 PM

 

For all those who haven't listened to Rabbi Schachters 3 shiurim on Agunot on yutorah.com, I will briefly summarize them.

1) In his shiur called "Options for Agunahs" listen from 10-14 minutes. He does state what Rav Dovid Eidonsohn Shlitta has claimed and says that in 99% of the cases today where marriages are broken and two are no longer living together of course we can be kofin oso bshotin (use force with sticks!!!) Listen for yourself minute 13 to be exact: He brings down 3 categories and says almost all cases today are in the category of kofin oso bshottim. (He doesn't tell people to go do it but he says the cases fall into the category where physical force is permitted)

2), In the "Plight of Agunah" shiur, Rabbi Schachter clearly explains that force CAN NOT BE USED (minute 50-101 to be exact). He states clearly in minute 52 (WE DON"T EVEN DO THE HARCHAKAS OF R'TAM today like the Gevoras Anishim of Schach quoted by Pischa Teshuva 154:21) then he says in the end we just humiliate which is a much lesser pressure then cutting the guy off financially. He states we are machmir for (the gevoras anashim the shach). In minute 58 he says if we can't solve this issue we may have to go back to the takanas of the geonim (and the shitta of the Rambam) where forcing with actual violence is permitted in cases of meus alai if we have no choice...

In his most recent 2012 shiur ("Fighting the Agunah Crises" minute 23 to exact)), Rabbi Schachter claims that today we are actually following the harchakas of R'tam and bases the actions of the ORA on Chacham Ovadias teshuvot. He mentions that R' Tam held that one can't use force but could humiliate the husband, and He says that is what he relies upon today)

In Summary: (Please listen to the shiurim yourselves and you will find that Rabbi Schachter says 3 different approaches in all 3 shiurim.

1) todays cases are almost always where physical force can be used because the couple is no longer living together. (He doesn't say to do it but he says the cases fall into the category in Shulchan Aruch where physical force can be used.

2) Today we DONT do the harchakas of R'tam and are machmir for the pitcha teshuva (shach) which says (according to Rabbi Schachter)to cut off the guy financially. He says we only humiliate which is much less from of pressure that doesn't invalidate a GET. He states if things get much worse we may have to use actual force like the Rambam's oppinion (but he never mentions to use actual violence)

3) He says we DO follow the harchakas of R'tam based upon Chacham Ovadia. In this shiur he calls humiliation as part of the harchakas of R'tam unlike shiur 2, and he doesn't state or imply any allowances of actual physical force.

Can someone please listen to his 3 shiurim (to save you time just listen to the minutes that I quoted above) and try to explain his shitta in a coherent manner. I personally feel the above 3 shiurim totally contradict themselves and am wondering if anyone can explain how the shiurim don't contradict each other.

Mamzerim from Forced Get in Ma'us Alei

Yachin uVoaz(1:124):[15th Century Algeria] You should know that there are two different types of moredes and they have different laws. There is a moredes who despises her husband and she asserts that he is disgusting to her. On the other hand there is a moredes who says she wants her husband but she wants to torment him In the case of ma'us alei the view of the Rambam is that the husband is forced to divorce her immediately and he learns this from a deduction from the gemora as the Rosh writes. The Rambam states in Hilchos Ishus  (14:8) that if a wife refuses sexual relations that the husband is forced to give a a get since she is not like a prisoner who can be forced to have relations with someone she hates. However there has long been an outcry against the ruling of the Rambam by all the commentators and poskim such as Rabbein Tam, Ramban, Rosh, Rashba and many others. They agree concerning forcing the husband to divorce. Whoever forces the husband to divorce in accordance to the ruling of the Rambam increases mamzerim in the world. And they reject the view of the Rambam with clear proofs from the Talmud as the Rosh does. And many proofs are brought to refute and reject the words of the Rambam. And even the Magid Mishna who normally devotes  himself in all places to justify the words of the Rambam and to firmly establish their validity with clear proofs - in this case he refutes the Rambam and goes into detail with proofs to contradict the Rambam's reasoning and to reject it. It is unnecessary to repeat them here. The halachic view that has become univeral is that one does not force the husband to give a get when she claim ma'us alei and we do not rely on the ruling of the Rambam nor others who agree with him in this matter. And furthermore that even if the halacha was in accord with the Rambam it would be correct to make a protective fence in this matter to prevent immorality amongst the woman because of the degradation of the contemporary generation. Because woman have become haughty and arrogant in their immorality. We are therefore concerned that a wife might have become interested in another man and she wants to disgard her husband by declaring he is disgusting to me (ma'us alei). If it became known that that would be sufficient to have her husband forced to give her a get then it would surely cause problems. But in fact the Rambam is not the halacha because of the proofs that the opponents of the Rambam bring [And even in Algeria where they always follow the Rambam there are three exceptions and this is one of them and not those who agree with the Rambam...]. However I saw in the Rosh who writes that if in fact the psak of the Rambam was followed and the woman was divorced by force and she remarried - we don't force her leave the second marriage. However many others disagree with the Rosh and they say that if she remarries after a forced get - she must leave the second marriage.

Jewish criminals shouldn't be jailed - Mishpacha Magazine

Mishpacha Magazine (April 4, 2012 p62): ... but does that give Rabbi Stein license to help Jews who have broken laws themselves? 'About 30 years ago, the Tosher Rebbe called me in the middle of the night," Rabbi Stein remembers. "He wanted me to get in touch at once with two top attorneys, Nat Lewin in Washington and AIan Dershowitz in Boston. 'But Rebbe,' I said, 'it's 2 a.m.!' He said, 'I want to teach you one thing, and keep this in mind always: a Yid vus zitz in tfisah ein sho iz ein sho tzi lang [A Jew who sits in jail one hour sits one hour too long] Prison is not a place for a Jew, and it doesn't matter, guilty or innocent.'

"There are many other ways to penalize someone who's deserving of punishment," continues Rabbi Stein, who is passionate about this controversial point. "For example, there are alternative sentencing programs, which are much more cost-effective, where the person is guided by counseling and is actually helped. Prison accomplishes one thing. It makes criminals out of everyone."

He says much of his efforts - for which he's never taken payment - involve finding the right attorney for someone who's in trouble The Beirach Moshe of Satmar once sent him to help a man who was awaiting sentencing for child abuse and other family-related crimes "The fellow wasn't too bright, and he had no idea how to protect himself. He had taken a divorce lawyer instead of a criminal lawyer," say. Rabbi Stein. "Lawyers are like doctors. You don't go to a podiatrist when you need open-heart surgery."

According to Rabbi Stein, the wife and her mother wanted to put the husband away and so they fabricated evidence and coached the daughter to give incriminating testimony. He discovered this after speaking to the involved parties, including teachers who denied ever filing the reports that had been submitted as evidence. “we found so many discrepancies that the DA agreed to reopen the case post-sentencing. But by the time we reopened the case, the child, her mother, and grandmother had fled the country and moved to Eretz Yisrael. We brought the teachers to testify that the documents were forgeries, and the judge said, 'Okay, now where are the plaintiffs?  The defense attorney said they couldn’t take the trauma so they left the country. The judge announced that if they didn’t come back in two weeks, he’d dismiss the case. Of course they didn’t come back, because the case was a fabrication - so the man was released. But he went to jail in the first place because he had the wrong lawyer.”

See the following regarding Rabbi Efraim Stein's efforts turned up by simple Google search
He is featured prominently on a number of anti-Semitic internet sites
Los Angeles Times 1997
Dror - Organization for Jewish Prisoners
Guilty plea to divert federal money
Jail for Rabbi Stein
Jail for Rabbi Stein

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From my Child and Domestic Abuse Vol II
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Rambam (Hilchos Chovel u’Mazik 8:11) and Shulchan Aruch (C.M. 388:12): “All those who disturb the community and cause it distress it is permitted to give them over to the secular government to be punished whether by beating, imprisonment or fines…”

Shevet HaLevi(4:124.3): Concerning a well known thief who has stolen from many people and has harmed the public and now he is begging to be released from jail. Is it properly to do that? … From all these sources we see that there is no concern at all to have him remain in jail in order that he not harm others since his life is not in danger there. The Chovas Yair (139) says there is only a concern when jail is actually life threatening… My opinion is that as long as there is no danger to his life by being in jail, there is no obligation to make any efforts to free such people…

Rav Moshe Halberstam(Yeschurun 15 page 651): An additional factor to what we have discussed is a question mentioned in Shevet HaLevi (4:124.3) whether it is appropriate to help free a well known thief who has begged that efforts be made to get him released from prison. Rav Wosner answers that since the thief’s life is not in danger by being in prison there is no obligation to make efforts to free people like this. In my opinion it is not only not an obligation to try and free a person in these circumstances but in fact one who tries to free a thief from prison is actually committing a sin. Who says that he won’t seek revenge for his imprisonment or at least return quickly to committing more crimes. Who can say that things will work out differently and that he will cease his crimes if he is freed?  Therefore it is prohibited to make efforts for him and to listen to his plea to be freed…

Rav Shlomo Zalman Auerbach (Ve’aleyhi lo Yuval, volume 2:113-114 from R’ M Broyde’s Informing on other’s): R’ Yehuda Goldreicht said: “I asked Rav Auerbach about a particular Jew who stole a large sum of money and he was caught by the police in America. He was sentenced to a number of years in prison in America. Was it proper to assist in the collection of money for him [we were speaking about a large sum of $200,000] in order to fulfill the mitzvah of pidyon shevuyim to have him released from prison? When Rav Auerbach heard this he stated “Pidyon shevuyim?! What is the mitzvah of pidyon shevuyim here? The mitzvah of redeeming captives is only when the goyim are grabbing Jews, irrationally, for no proper reason, and placing them in prison. According to what I [Rav Auerbach] know, in America they do not irrationally grab Jews in order to squeeze money from them. The Torah says “do not steal” and he stole money—on the contrary, it is good that he serve a prison sentence, so that he learns not to steal!”

Supreme Court reaffirms psak of Rabbinic Court on Gerim

Haaretz

The High Court of Justice has affirmed the validity of thousands of conversions called into question by the Rabbinical Court of Appeals in 2008, but refused to discuss the rabbinical courts' authority to annul conversions in general. [...]

The women and various organizations that joined their petition thus asked the High Court to rule not only on their particular cases - which had already been resolved, since their Jewishness had since been affirmed by the Tel Aviv Rabbinical Court during a new hearing on their original cases - but on the rabbinical courts' authority to overturn conversions in general. This, however, the justices declined to do. Justice Elyakim Rubinstein, writing for the court, said the justices preferred not to intervene in this issue right now "out of hope that the buds of systemic change that have sprouted since the petition was filed [in 2008] will develop and bear fruit."  [...]

While Sherman's ruling was ostensibly based on Jewish law, it was also part of a broader power struggle between the Haredi (ultra-Orthodox ) community, represented by Sherman, and the religious Zionist community, represented by Druckman. The government originally set up the special courts headed by Druckman to circumvent the rabbinical courts' monopoly on conversions, because the Haredi-controlled rabbinical courts had adopted stringent requirements that were seen as deterring potential converts.

Rav Gestetner - Kuntrus on Get Meusa

Rav Gestetner - Kuntrus on Get Meusa

Procedural Summary of Epstein-Friedman matter

Procedural Summary2

Forcing a get - Unresolved issues & Rabbi Broyde

I want to express appreciation of Rabbi Michael Broyde for writing a defense of Rav Hershel Schacter's position as well as writing a clarification of that defense. I also want to thank Rabbi Gil Student for taking the initiative of asking Rabbi Broyde. Having spent many hours going through the volumes of Otzair Hapoksim dealing with this issue as well as researching the teshuvos directly - it has become clear that Rabbi Broyde is apparently the first one to try and answer the issues regarding contemporary society and the tactics of ORA - and publish the results.

 I have three choices,  1) Explain why Rabbi Broyde's explanation is inadequate or at least not convincing 2 ) Write my own teshuva concerning the use of force . 3) List the issues that have not been properly resolved and ask the poskim of our generation to establish the parameters in writing. The third option is more productive.

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Concerning pressuring a husband to give a get when wife claims ma'us alei.

1)  What type of pressure is permitted? Harchokas Rabbeinu Tam? Simply labeling him an avaryan? Putting up wall posters? None?

2) Are ORA's demonstrations against the husband, his family or employer and stories in secular press - are they  permitted? Is this considered harchakos of Rabbeinu Tam?

3) Must a husband always be pressured after 12 months to give a get  -  if it is clear that the marriage is over - no matter what the reason is for the breakup - even if she went to secular court?

4) Can a beis din issue a seruv - when the husband refuses to show up - that states the husband must give a get and the public should pressure him to do so?

5) If the husband was pressured to give a get  - by ORA or Harchakos of Rabbeinu Tam  or beating - is the get valid and the wife remarry l'chatchila?

6) Can a husband withhold the get as a tactic to get money or custody in a case of ma'us alei.

7) Does it matter why the wife says ma'us alei concerning what pressure is permitted?

8) Should every woman have the right to a get simply because she thinks she can find someone better

9) Is there a moral obligation to give a get when the woman wants to end the marriage - or is it only because of concerns for mamzerim.

10) What can be done to control the use of the get for extortion - either for the husband or wife?

11) If the husband or wife refuses to go to beis din but go to secular court - should he/she be punished or penalized in some way?

12) In ma'us alei - does wife get kesuba? Does husband have to pay alimony or child support?

Rabbi Druckman's Conversions Upheld

Arutz 7

The Supreme Court issued a ruling on Wednesday that conversions supervised by former national Conversion Court head Rabbi Haim Druckman are valid in the eyes of the State.

The ruling was in response to a 2009 decision to a panel of three judges on the Great Rabbinical Court which declared any conversion made by Rabbi Druckman was nullified.

Sexual pleasure & Tzadikim - Vayikra Rab (14:5)

Rav Yaakov Emden (Mor uKetziya O.C. 240) brings this medrash as the reason why a beracha is not said before sexual intercourse - since even tzadikim are focused on pleasure and not on doing a mitzva.

Vayikra(14:5): Another understanding of Vayikra (12:2), If a woman conceives and bears a male child...Dovid alluded to this understanding in Tehilim (51:7), Behold I was formed in sin and in sin my mother conceived me. Rav Acha explained, Even if a person is the most pious of the pious – it is impossible that he doesn’t have an aspect of sin in him. Dovid said to G‑d, “Master of the Universe, did my father Yishai have the intention to bring me into the world – when he had intercourse with my mother. The fact is that he was only thinking about his own sexual enjoyment.The proof for my assertion is that after they both had satisfied their desires he turned his face in one direction and she turned her face in the opposite direction. And it was only You who caused every single drop of semen to enter.” This assertion is alluded to by Dovid in (Tehilim 27:10), For though my father and my mother deserted me, G‑d did gather me in.